The Importance of Proportionate Disciplinary Outcomes

The Club Governance Code of Practice (the Code) emphasises the importance of member clubs acting consistently, reasonably and in accordance with their constitutions and by-laws when dealing with member conduct.

Recent observations from the Code Authority highlight an ongoing focus area for member clubs — ensuring that disciplinary outcomes are appropriate and proportionate to the conduct in question, having regard to all relevant circumstances. This has been identified as a key member club education priority.

Why proportionality matters

Member clubs are entrusted with balancing the rights of individual members with the safety, wellbeing and expectations of the broader club community. When penalties are disproportionate, for example suspending a member for minor or first-time conduct, or applying inconsistent treatment, a number of risks arise:

• members may perceive the process as unfair or overly punitive
• the likelihood of complaints under the Code are more likely
• the club’s decision making may appear inconsistent, unfair or arbitrary
• the legitimacy of outcomes may be questioned
• unnecessary time, cost and resources may be expended on matters that could otherwise be resolved more efficiently, diverting attention from more serious governance issues
• dissatisfied members may escalate matters to regulators
• conflict may become entrenched rather than resolved, making it more difficult to restore constructive member relationships
• member confidence in committees and decision makers may be eroded, particularly where similar conduct attracts different outcomes
• clubs may be exposed to governance and reputational risk where penalties are not clearly supported by evidence or constitutional authority.

Proportionality ensures fairness, promotes transparency, helps maintain confidence in the club’s internal processes, and supports the efficient use of club time, resources and decision making capacity.

Principles for determining proportionate penalties

When considering an appropriate disciplinary response, member clubs should have regard to the principles reflected in the Code and their own constitutions and by-laws, including:

• Nature and seriousness of the conduct - Was the behaviour minor, moderate or serious?
• Context and contributing factors - Was the conduct intentional, provoked or influenced by surrounding circumstances?
• Member history - Is this a first incident or part of a broader pattern? Is it a personal matter?
• Impact - Did the behaviour adversely affect other patrons, staff or the club’s operations?
• Consistency - Has similar conduct been dealt with in a consistent manner previously?
• Procedural fairness - Has the member been informed of the concerns and given a reasonable opportunity to respond before any decision is made?
• Authority - Is the proposed outcome clearly authorised under the club’s constitution and by‑laws?
• Proportional Alternatives - Would a warning, education other lower-level response reasonably address the issue?
• Likelihood of resolution - Is the response likely to correct or address the behaviour and assist in restoring the member‑club relationship?

Embedding these considerations into your disciplinary processes promotes consistency and reduces the risk of over penalisation.

Good governance practice for member clubs

To support compliance with the Code and sound governance outcomes, member clubs are encouraged to:

• refer to and strictly follow your club’s constitution and by-laws when determining penalties
• implement a graduated or tiered system of disciplinary options (e.g. caution → warning → suspension → expulsion), where appropriate
• clearly document your reasoning for each decision, including the evidence relied upon
• regularly review your constitution and by‑laws to ensure all decisions and actions remain current and align with your governance obligations
• handle communication sensitively, clearly and respectfully, explaining the reasons behind the decision
• seek early guidance from ClubsNSW for complex or borderline matters
• obtain independent legal advice where appropriate.

By adopting a proportionate, evidence based and transparent approach to disciplinary decision making, member clubs can reduce disputes, support fair outcomes and reinforce confidence in their governance practices.