sec.47AGrievance procedure

### sec.47A Grievance procedure The rules of an incorporated association may set out a grievance procedure for dealing with any dispute under the rules between— a member and another member; or a member and the management committee; or a member and the association. The grievance procedure must include mediation and may provide for a person to decide the outcome of the dispute. A member may appoint any person to act on behalf of the member in the grievance procedure. In applying the grievance procedure, the association must ensure that— each party to the dispute has been given an opportunity to be heard on the matter the subject of the dispute; and the mediator, and any person engaged under the rules to decide the outcome of the dispute, is unbiased. If a member has initiated a grievance procedure in relation to a dispute between the member and the association, the association must not take disciplinary action against any of the following persons in relation to the matter the subject of the grievance procedure until the grievance procedure has been completed— the member who initiated the grievance procedure (the complainant member ); a member of the association appointed by the complainant member under subsection (3) to act on behalf of the complainant member in the grievance procedure. If the rules of an incorporated association do not set out a grievance procedure that is consistent with subsections (2) , (3) , (4) and (5) , the rules of the association are taken to include the provisions of the model rules providing for the grievance procedure. To remove any doubt, it is declared that subsection (6) applies even if the rules of an incorporated association provide, as permitted under section 47 (3) , that section 47 (1) does not apply. s 47A ins 2020 No. 17 s 16 (sec.47A-ssec.1) The rules of an incorporated association may set out a grievance procedure for dealing with any dispute under the rules between— a member and another member; or a member and the management committee; or a member and the association. (sec.47A-ssec.2) The grievance procedure must include mediation and may provide for a person to decide the outcome of the dispute. (sec.47A-ssec.3) A member may appoint any person to act on behalf of the member in the grievance procedure. (sec.47A-ssec.4) In applying the grievance procedure, the association must ensure that— each party to the dispute has been given an opportunity to be heard on the matter the subject of the dispute; and the mediator, and any person engaged under the rules to decide the outcome of the dispute, is unbiased. (sec.47A-ssec.5) If a member has initiated a grievance procedure in relation to a dispute between the member and the association, the association must not take disciplinary action against any of the following persons in relation to the matter the subject of the grievance procedure until the grievance procedure has been completed— the member who initiated the grievance procedure (the complainant member ); a member of the association appointed by the complainant member under subsection (3) to act on behalf of the complainant member in the grievance procedure. (sec.47A-ssec.6) If the rules of an incorporated association do not set out a grievance procedure that is consistent with subsections (2) , (3) , (4) and (5) , the rules of the association are taken to include the provisions of the model rules providing for the grievance procedure. (sec.47A-ssec.7) To remove any doubt, it is declared that subsection (6) applies even if the rules of an incorporated association provide, as permitted under section 47 (3) , that section 47 (1) does not apply. - (a) a member and another member; or - (b) a member and the management committee; or - (c) a member and the association. - (a) each party to the dispute has been given an opportunity to be heard on the matter the subject of the dispute; and - (b) the mediator, and any person engaged under the rules to decide the outcome of the dispute, is unbiased. - (a) the member who initiated the grievance procedure (the complainant member ); - (b) a member of the association appointed by the complainant member under subsection (3) to act on behalf of the complainant member in the grievance procedure.