ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012) - SECT 54 Disciplinary action

ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012) - SECT 54

    (1)     This section applies if an incorporated association proposes to take disciplinary action against a member in respect of that member's status as a member of the association.

    (2)     Subject to subsections (3) and (4), the procedure ( disciplinary procedure ) under which disciplinary action is taken must be in accordance with the procedure (if any) provided by the rules of the association.

    (3)     In applying the disciplinary procedure, the association must ensure that—

        (a)     the member who is the subject of the disciplinary procedure—

              (i)     is informed of the grounds upon which the disciplinary action against the member is proposed to be taken; and

              (ii)     has been given an opportunity to be heard in relation to the matter; and

        (b)     the outcome of the disciplinary procedure is determined by an unbiased decision-maker; and

        (c)     to the extent that doing so is compatible with paragraphs (a) and (b), the disciplinary procedure is completed as soon as is reasonably practicable.

    (4)     A member of an incorporated association who is the subject of a disciplinary procedure must not initiate a grievance procedure in relation to the matter which is the subject of the disciplinary procedure until the disciplinary procedure has been completed.