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Associations Incorporation Act 1991
65BDispute resolution procedure
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65B Dispute resolution procedure
(1) The rules of an incorporated association must set out a dispute
resolution procedure for dealing with any dispute under this Act or
the rules between—
(a) a member and another member; or
(b) a member and the association.
Note Any power of an incorporated association to adjudicate a dispute under
this section is subject to the rules of natural justice (see s 50).
(2) A member may appoint any person to act on behalf of the member in
the dispute resolution procedure.
(3) In applying the dispute resolution procedure, the association must
ensure that—
(a) each party to the dispute has been given an opportunity to be
heard on the matter which is the subject of the dispute; and
(b) the outcome of the dispute is determined by an unbiased
decision-maker; and
(c) the decision-maker notifies each party to the dispute, in writing,
about the decision and gives reasons for the decision; and
(d) to the extent that doing so is compatible with paragraphs (a)
to (c), the dispute resolution procedure is completed as soon as
is reasonably practicable; and
(e) the dispute resolution procedure includes an appeal process.
(4) If a member has initiated a dispute resolution procedure in relation to
a dispute between the member and the association, the association
must not take disciplinary action against any of the following people
in relation to the matter which is the subject of the dispute resolution
procedure until the dispute resolution procedure has been completed:
(a) the member who initiated the dispute resolution procedure
(complainant member);
(b) a member of the association appointed by the complainant
member under subsection (2) to act on behalf of the complainant
member in the dispute resolution procedure.