The Importance of Proper Procedure When Conducting Disciplinary Hearings

Under a club’s constitution, members can be subject to a disciplinary process where they have breached the club’s rules or acted in a way that is conduct unbecoming of a member.

We have compiled some frequently asked questions to assist clubs when you are considering taking disciplinary action against a member. 

1. What is the correct process to follow to enact the disciplinary process? 

The club’s constitution will provide the disciplinary process and articulate the steps that must be undertaken by the relevant individuals at the club. You must follow the steps set out in the constitution.

2. What should be included in the notice to the member that is subject to the disciplinary process?

The club’s constitution will set out the requirements for the written notice that is to be provided to the member which must be followed. However, a club should also ensure the notice:

• Has the appropriate time frame in relation to when the meeting to consider the charge will be held.
• Provides the particulars of the alleged incident. 
• Does not pre-judge/imply guilt on the member in relation to the alleged incident. 

3. What should the director/s do if they have a conflict of interest with the member facing a disciplinary process?

Where a director/s has a personal bias and/or conflict of interest against a member facing disciplinary action, they cannot be involved in the disciplinary process. 

4. Can a secretary manager enact the disciplinary process? 

Under some club constitutions, secretary managers have the power to resolve certain types of disciplinary matters (usually minor matters) without a disciplinary process being commenced as per the club’s constitution.

The key is where this power has been used by the secretary-manager, they must notify the member of the penalty and provide them with the option for the matter to be dealt with through a disciplinary process undertaken by the board in line with the club’s constitution. 

If a club is considering amending their constitution to enable secretary managers to have this power, legal advice should be sought.

5. What do you need to do if your club’s constitution doesn’t have a disciplinary process or you need to amend it?

To add or amend the disciplinary process in the club’s constitution, a special resolution to amend the constitution would need to be approved by eligible voting members at a meeting of the members. In any instance, legal advice should be sought. 

It is extremely important that a disciplinary hearing is conducted correctly and according to the club’s constitution. If you have any questions about your club’s constitution process, please contact our ClubASSIST team.