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ANNUAL PRESENTATIONS 2020-21
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KEMPSEY SWIMMING CLUB INCORPORATED CONSTITUTION cont.

18. MEMBER PROTECTION INFORMATION OFFICER

Shall be elected at the Annual General Meeting as per Clause 15.d. The duties of the Member

Protection Information Officer will be in accordance with the Safe Sport Framework.

19. PUBLIC OFFICER.

The Committee must appoint a Public Officer who is over eighteen (18) years of age and a resident of New South Wales.

The committee must fill any vacancy in the office of Public Officer within 28 days of that vacancy and the new Public Officer must advise Fair Trading the details of the appointment within 28 days of taking office.

A former Public Officer must ensure that all documents of the association in their possession are returned to a committee member within 14 days of vacating office.

Refer to clauses 34 to 36 of the Associations Incorporation Act 2009.

 

20.DISCIPLINE

20.1 Establishing a Disciplinary Committee

(a) Where the Committee is advised of an allegation (not being vexatious, trifling or frivolous) or considers that a Member has allegedly:

(i) breached, failed, refused or neglected to comply with a provision of this Constitution, the

By-Laws or any resolution or determination of the Committee or any duly authorised

committee

(ii) acted in a manner unbecoming of a Member, or prejudicial to the purposes and interests

of the Club and/or Swimming; or

(iii) brought the Club, any other Member or Swimming into disrepute,

and that matter is not being dealt with under the Safe Sport Framework, the Committee may

by resolution establish a Disciplinary Committee to convene to hear a matter against any

Member and to determine what action, if any, to take against that Member (Disciplinary

Hearing), and that Member, will be subject to, and submits unreservedly to the jurisdiction,

disciplinary procedures, penalties and the appeal mechanisms of the Club in this

Constitution.

20.2 Provisional Suspension

(a) Upon establishing a disciplinary committee in accordance with clause 20.1 the Committee

may by resolution provisionally suspend the Member subject to the Disciplinary Hearing

until such time as the disciplinary committee makes a finding.

(b) The disciplinary committee may lift a provisional suspension prior to making a finding at the Disciplinary Hearing.

20.3 Disciplinary Committee Members

The members of the disciplinary committee:

(a) may be Members or anyone else; but

(b) must not be biased against, or in favour of, the Member concerned.

20.4 Notice of Alleged Breach

(a) Where a disciplinary committee is established the Club shall serve on the Member not earlier than 28 days and not later than 14 days before the Disciplinary Hearing is to be held, a

notice in writing:

(i) setting out the alleged breach of the Member and the grounds on which it is based;

(ii) stating that the Member may address the disciplinary committee at the Disciplinary

Hearing;

(iii) stating the date, place and time of that Disciplinary Hearing;

(iv) informing the Member that he, she or it may do one or more of the follow

(A) attend that Disciplinary Hearing; and

(B) give the disciplinary committee prior to or at that meeting a written statement

regarding the alleged breach.

20.5 Determination of Disciplinary Committee

(a) The disciplinary committee shall ensure that the Disciplinary Hearing accords with the

principles of natural justice by ensuring that:

(i) the Member has the opportunity to be heard and to call witnesses; and

(ii) due consideration is given to any written statement submitted by the Member or a

witness, before determining whether the alleged breach occurred.

(b) If the disciplinary committee determines there was a breach under clause 20.5(a), it will

determine what penalty (if any) shall be given to the Member, and give notice of this to the

Committee.

(c) The penalties able to be given to the Member by the disciplinary committee include:

(i) expel a Member from the Club; or

(ii) suspend a Member from membership of the Club or accessing certain privileges of

membership for a specified period; or

(iii) fine a Member; or

(iv) impose such other penalty, action or educative process as the disciplinary committee

sees fit which shall include but is not limited to removing that Member from being a

Club Officer (if the relevant Member is a Club Officer).

20.6 Appeal

(a) Subject to clause 20.5(b), an appeal tribunal may be appointed by the Committee to hear and adjudicate on any appeal lodged by a Member against the decision of the disciplinary

committee.

(b) An appeal may only be lodged:

(i) by a party directly affected by a decision; and

(ii) on the grounds that new information or evidence can be presented that was not available

at the time of the original decision being appealed against.

20.7 Appeal Tribunal

(a) The Committee will appoint an appeal tribunal to determine an appeal lodged in accordance with the provisions of clause 20.6. The composition of an appeal tribunal shall be:

(i) an individual with legal training or experience in dispute resolution; or

(ii) a panel of 2 or 3 persons deemed suitable by the Committee including a chairperson

with legal training or experience in dispute resolution.

(b) No member of the appeal tribunal pursuant to clauses 20.7(a)(i) and 20.7(a)(ii) may have

been a party to or directly interested in the decision under appeal or the original matter

brought for determination.

20.8 Appeals Process

(a) A request for an appeal against a decision of the disciplinary committee must be forwarded to the Committee in writing within 5 days of the relevant party being given notice of the disciplinary committee decision.

(b) The lodgement of appeal must be accompanied by payment of an appeal fee as determined by the Committee from time to time. The fee shall be fully refundable if the appeal is successful.

(c) The Committee shall determine whether the appeal falls within the grounds for appeal

pursuant to clause 20.6(b). If satisfied, an appeal tribunal will be appointed as soon as

practicable after formal lodgement of the appeal.

(d) The appeal tribunal will schedule a date and venue for a hearing as soon as possible and

circumstances permitting, no later than 30 days after formal lodgement of the appeal.

(e) If, as the circumstances may be, all parties are unable to be present at an appeal hearing, they may participate by teleconference or other medium as determined appropriate at the

discretion of the appeal tribunal.

(f) The parties will be advised of the grounds for appeal and invited to lodge written

submissions which must be received by the appeal tribunal no later than 2 business days

prior to the scheduled appeal hearing.

(g) The appeal tribunal will consider the appeal in accordance with the principles of natural

justice as broadly outlined in clause 20.4.

(h) The appeal tribunal may adjourn a hearing to obtain further information or evidence.

(i) At the conclusion of the hearing the appeal tribunal shall:

(i) uphold the appeal and rescind the original decision; or

(ii) dismiss the appeal; or

(iii) dismiss the appeal and review the penalty within the provisions of clause 20.5(c).

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