- DISCIPLINE OF MEMBERS
1.1 The Management Committee shall delegate its functions, powers or duties in relation to the discipline of Members in accordance with Rule 4.1 and Rule 13.2 to a Disciplinary Committee comprised of three persons appointed by the Management Committee from time to time, which persons shall not be members of the Management Committee.
1.2 If any matter to be determined by the Disciplinary Committee under Disciplinary Rules gives rise to a conflict of interest on the part of any Member of the Disciplinary Committee, the Management Committee shall appoint another independent person in his or her stead for the determination of that matter only.
1.3 If any matter to be determined by the Management Committee under Discipline Rules 1.10 to 1.12 gives rise to a conflict of interest on the part of any Member of the Committee, that Member of the Committee shall not be involved with the hearing of such appeal in any way.
1.4 Breach of Discipline by Member
A Member shall not:
(a) Breach, fail, refuse or neglect to comply with any provision of this Constitution, or any Rules, Regulations, By Laws, or Policies of the Association;
(b) Act in a manner unbecoming of a Member or prejudicial to the objects and interests of the Association; or
(c) Bring the Association into disrepute
1.5. Report of Disciplinary Matter
(a) A Member, or any other person (in this Rule, “complainant”) may give written notice of a complaint relating to the conduct or otherwise of a Member to the Chairman, or if the complaint relates to the conduct of the Chairman, to the Secretary.
(b) The Chairman or Secretary shall as soon as practicable, but within 7 days, forward written details of the complaint to at least one member of the Disciplinary Committee.
1.6. Consideration of Matter
(a) The Disciplinary Committee shall, as soon as practicable after receiving a notice under Disciplinary Rule 1.5, consider the matter, and shall within 14 days of receiving such notice, determine whether
(i) The matter should be dismissed, because there has been no relevant breach of discipline in accordance with Disciplinary Rule 1.4; or
(ii) There are reasonable grounds to believe there may have been a breach of Disciplinary Rule 1.4 and accordingly the matter warrants review and determination in accordance with the principles of natural justice.
(b) If the Disciplinary Committee determines the complaint should be dismissed under Disciplinary Rule 1.6 (a) (i), it shall, as soon as practicable, give written notice of such dismissal to the complainant.
(c) If the Disciplinary Committee determines the mater warrants further review under Disciplinary Rule 1.6 (a) (ii) it shall, as practicable serve a written notice in writing on the member.
(i) Setting out the grounds on which there may have been a breach of Disciplinary Rule 16.4
(ii) Stating that the Member (personally, by its delegate, or by its adult representative) may address the Disciplinary Committee at a hearing to be held not earlier than 21 and not later than 35 days after service of the notice.
(iii) Stating the date, place and time of that hearing (which hearing may be held by teleconference).
(iv) Informing the Member that the Member may do one or both of the following:
(1) Attend or participate in that hearing and make submissions personally or by its delegate or representative, or
(2) Give the Association before the date of that hearing, a written statement setting out relevant information surrounding the complaint, and (if appropriate) seeking dismissal of the complaint.
1.7 Meeting of Disciplinary Committee
The Disciplinary Committee may conduct the hearing convened in accordance with Disciplinary Rule 1.6 (c) in such manner as it sees fit, but shall:
(a) Give to the Member every opportunity to be heard;
(b) Give due consideration to any written statement submitted by the Member;
(c) Allow the Member to have an adult representative; and
(d) By resolution determine whether to dismiss or uphold the complaint;
(e) Request and/or require the complainant or any other witness to attend the hearing and/or provide (wherever practicable, in writing) such evidence as is available.
1.8 Disciplinary Committee Resolution
The Disciplinary Committee may, having had regard to any submission or evidence of the Member, by resolution:
(a) Expel a Member from the Association;
(b) Suspend a Member from membership of the Association for a specified period;
(c) Give such warning or reprimand as is appropriate;
(d) Suspend any penalty; or
(e) Take such other action as it deems reasonable in all the circumstances,
If the Disciplinary Committee determines that the Member has committed a breach of discipline contrary to Disciplinary Rule 1.4 above and shall notify the Member in writing within 7 days of the resolution of the Disciplinary Committee.
1.9 Effect of Resolution
If the Member exercises a right of appeal to the Management Committee under Rule 16.10, a resolution of the Disciplinary Committee under Disciplinary Rule 1.8 takes effect until and unless the Management Committee revokes the determination in accordance with this Rule.
1.10 Notice of Appeal to Management Committee
A Member may, within 7 days of notice of an adverse finding being given under Disciplinary Rule 1.8, appeal the decision of the Disciplinary Committee, by forwarding notice in writing to the Association, indicating that the Member wishes to appeal and setting out the grounds on which the Member appeals. Where the Association receives a notice under this Rule 1.10 indicating the Member wishes to appeal to the Management Committee, the Management Committee shall convene a meeting in accordance with these Rules, to be held within 28 days of the date on which the Association received such notice.
1.11 Proceedings of the Management Committee Meetings
At a Management Committee meeting convened under Disciplinary Rule 1.10:
(a) No business other than the question of the appeal shall be transacted;
(b) The Disciplinary Committee may place before the meeting details of the grounds for the resolution and the reasons for passing of the resolution;
(c) The Member, personally, or by its Delegate, or through his or its representative shall be given every opportunity to be heard; and
The Members of the Management Committee present shall, following consideration of the matter, vote by secret ballot on the question of whether the resolution should be confirmed or revoked.
1.12 Decision of Management Committee
At a Management Committee meeting convened under Disciplinary Rule 1.10, the Management Committee shall either:
Pass a resolution confirming the resolution of the Disciplinary Committee under Disciplinary Rule 1.9; or
Pass a resolution that the resolution of the Disciplinary Committee be revoked immediately.
Decisions of the Management Committee will be binding upon the Association and the Member.