109Oppressive or unreasonable acts

109 Oppressive or unreasonable acts (1) An application to NTCAT, the Local Court or the Supreme Court for a particular order or orders specified in subsection (2) may be made by a member of an incorporated association or former member expelled from the association (provided the application is made within 6 months after the expulsion) who believes that: (a) the affairs of the association are being conducted in a way that is oppressive or unfairly prejudicial to, or unfairly discriminatory against, a member (the oppressed member) or in a way that is contrary to the interests of the members as a whole; or (b) an act or omission, or a proposed act or omission, by or on behalf of the association was or would be oppressive or unfairly prejudicial to, or unfairly discriminatory against, a member (also the oppressed member) or was or would be contrary to the interests of the members as a whole; or (c) the constitution of the association contains provisions that are oppressive or unreasonable; or (d) the expulsion of the member was oppressive or unreasonable. (2) For subsection (1), the orders are as follows: (a) an order that the association be wound up; Associations Act 2003 72 (b) an order regulating the future conduct of the association's affairs; (c) an order directing the association to institute, prosecute, defend or discontinue specified proceedings, or authorising a member of the association to institute, prosecute, defend or discontinue specified proceedings in the name and on behalf (d) an order appointing a receiver or a receiver and manager of the property of the incorporated association; (e) an order restraining a person from engaging in specified conduct or from doing a specified act; (f) an order requiring a person to do a specified act; (g) an order altering the constitution of the association; (h) an order that the member expelled be reinstated as a member (i) an order consequential on or ancillary to an order mentioned in paragraphs (a) to (h). (3) Subject to subsections (4) and (5), NTCAT, the Local Court or the Supreme Court may make the orders it considers appropriate if, on the hearing of the application, it is satisfied in relation to a matter specified in subsection (1). (4) The Supreme Court must not make an order for the winding up of the association if it is satisfied the winding up of the association would unfairly prejudice the oppressed member. (5) NTCAT and the Local Court may only make an order referred to in subsection (2)(b), (c), (e), (f), (g), (h) or (i). (6) If an order that the association be wound up is made, the provisions of this Act relating to the winding up of an association apply, with the necessary modifications for this Act, as if the order had been made on an application filed in the Supreme Court by the (7) If an order makes an alteration to the constitution of the association, then, despite any other provision of this Act but subject to the order, the association does not have power, without the leave of NTCAT, the Local Court or the Supreme Court, to make a further alteration to the constitution inconsistent with the order but, subject to this section, the alteration made by the order has effect as if it had been properly made by resolution of the association. Associations Act 2003 73 (8) A copy of an order must be filed by the applicant with the Director within 14 days after it is made. (9) For this section, a breach of the constitution of an incorporated association by the committee of the association may be regarded as constituting action that is oppressive to members of the (10) The Director may intervene in proceedings before NTCAT, the Local Court or the Supreme Court arising under this section. (11) If the Director intervenes in proceedings, the Director becomes a party to the proceedings and has all the rights, including rights of appeal, of a party to the proceedings.