34.1 These procedures apply where a complaint involves an allegation that a member, an officer, or the Association has:
(a) engaged in misconduct; or
(b) breached or is likely to breach a duty under the Constitution of the Association; or
(c) damanged the rights or interests of a member or members generally.
34.2 Complaints will be dealth with by the Association in a fair, efficient, and effective manner.
34.3 The rules of natural justice will be applied to all complaints.
34.4 The Association will, as soon as reasonably practicable after receiving or becoming aware of a complaint made in accordance with this Constitution, ensure that the complaint is investigated and determined in accordance with this Constitution.
34.5 A member, an officer, or the Association may make a complaint against another member, officer, or the Association, by giving the Executive Director of the Association and the member or officer concerned, notice in writing that:
(a) states that the member, officer, or the Association is starting a procedure for resolving a complaint in accordance with the Association’s rules; and
(b) sets out the allegation to which the dispute or complaint or relates and whom the allegation is against, in sufficient detail to ensure that the party against whom an allegation has been made is fairy advised of all the allegations; and
(c) sets out other information that the Association would require to consider the complaint.
34.6 Without limiting the manner in which a member, an officer, or the Association is given the right to be heard, they will be taken to have been given the right if:
(a) they have a reasonable opportunity to be heard in writing; and
(b) an oral hearing is held by the decision maker who considers that an oral hearing is needed to ensure an adequate hearing; and
(c) the member’s, officer’s, or Association’s written statement or submissions (if any) are considered by the decision maker.
(d) they have had sufficient time given to prepare a response.
34.7 Despite the above, the Association may decide not to proceed with a complaint further if:
(a) the complaint is trivial; or
(b) the complaint does not appear to disclose or involve any material misconduct and/or any material damange to a member’s rights or interests; or
(c) the complaint does not appear to disclose or involve any allegation of a material breach or likely material breach of a duty under the Association’s Constitution or the Incorporated Societies Act 2022; or
(d) the complaint appears to be without foundation; or
(e) the person bringing the complaint has an insignificant interest in it; or
(f) the conduct, incident, event, or issue giving rise to the complaint has already been investigated and dealt with in accordance with the rules of the Association; or
(g) there has been an undue delay in making the complaint.
34.8 The Association may refer a complaint to:
(a) a subcommittee of National Executive to investigate and resolve the complaint; or
(b) an external person for investigation and resolution; or
(c) with the consent of all parties, to mediation for resolution.
34.9 A person may not act as a decision maker in relation to a complaint if two or more members of the National Executive (or a subcommittee of the National Executive investigating the complaint) consider there are reasonable grounds to believe that the person may not be impartial or able to consider the matter without a predetermined view.
34.10 If a complaint against a member is upheld, the National Executive may impose such penalty, including suspension or expulsion, as it considers reasonable and appropriate in all the circumstances.