Associations and Clubs in Queensland – be aware - mandatory grievance procedure for disputes between members
The Queensland Government has made some significant changes to the legislation applying to incorporated associations. This message is about the grievance procedure for disputes.
The Supreme Court of Qld has jurisdiction to determine disputes between members of Queensland’s incorporated associations. Repeatedly though, the court refuses to intervene in such a dispute unless it is satisfied in a rare case that it should do so, in the public interest.
As a result, many disputes between members and management committee members of incorporated associations are left to the persons involved in the association itself to resolve.
The Act requires that an association adopt the grievance procedure set out in the model rules unless the association has its own alternative procedure which is compliant with the requirements of the legislation. This includes attempting to resolve the dispute through mediation.
Whilst the Act does not prohibit a person from starting a court case unless the grievance procedure has first been followed, that is the intention of the legislation and this would no doubt cause a judge to be very reluctant to adjudicate on a dispute if the grievance procedure had not first been followed. There will be exceptions in urgent significant circumstances.
At this point there is no grievance procedure set out in the model rules but the OFT has published the following to assist in the meantime.
See the example grievance procedure on the Qld Government website
If you need assistance to review your rules to ensure that they are compliant with the legislation please contact Lesleigh
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