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).