Unfortunately, disputes and conflict can occur at clubs, and depending on the severity of the issue it may require formal means to be looked at to manage this including following dispute resolution procedures, looking at mediation etc.

In some instances however, issues can go beyond a mere dispute or disagreement and fall into the category of misconduct.

Associations are entitled to discipline their members where they engage in improper conduct e.g. breach their Constitution or Code of Conduct, damage the reputation and viability of the association etc.

As well as having a justifiable reason for disciplining a member, it is vitally important that a proper process is followed as failure to do so can then result in any action taken being unlawful.

A club must ensure it looks at its Constitution and policies first and see if they set out disciplinary/dispute resolution procedures to follow and any guidance on what grounds disciplinary action can be taken against a member. If there is such a procedure, then ensure this is followed as not doing so will mean a club has failed to follow its own rules and therefore a decision is invalid, and the club risks being penalised.

If there is no set procedure to follow set in a clubs Constitution or elsewhere, then the Associations Incorporation Act 1985 (SA) (the Act) in section 40 only states that in the adjudication of any disputes the rules of natural justice must be applied. What this essentially means is that procedural fairness is afforded.

When looking at a process that affords procedural fairness, this should ensure that the member is given a fair opportunity to respond to the issues and clearly informed of anything that may be relied on should they be disciplined. They should be given sufficient notice of any meeting to discuss the matter or sufficient time to respond to written allegations, allowed a support person at any meetings and to have any decision be reached by an un-biased decision maker or makers.

Even if the matter is serious (e.g. potential theft, harassment etc) a club still must follow a proper process and follow their rules. The last thing a Club wants is to act against a member and then be found to have been in breach of the Act or their Constitution and then risk fines or the decision having no effect.

In terms of potential disciplinary action that could be taken against a member who has engaged in sufficiently serious misconduct, some of the potential options could include:

• Issuing a warning to the member that their conduct is unacceptable and further instances of misconduct could result in their membership being terminated or suspended.
• Suspension of their membership for a specified period of time.
• Termination if the members misconduct is severe enough to justify this and their continuation as a member would be harmful or prejudicial to the club.

Depending on the nature of the issues, it may also justify a formal barring under the Liquor Licensing Act 1997 (SA) or approaching SAPOL in extreme cases.

Throughout the process keeping the matter appropriately confidential is also of vital importance.

Ultimately whatever decision is reached the club must ensure that it “fits the crime”.

Clubs that have further questions in relation to the above can contact Clubs SA.

Clubs SA members can also find a more detailed fact sheet on tips for dealing with member disputes and misconduct on Clubs SA’s members only site on the Club Governance page.