Creating Structures
10 Discipline and Disputes
Maintaining fairness and unity
Every Association will occasionally face disagreement or misconduct.
How these situations are handled determines whether unity is strengthened or damaged.
Fair process protects people, relationships, and reputation.
It shows that rules apply equally to all, that decisions are made justly, and that discipline serves the Association’s Purpose rather than emotion or personal preference.
This module explains the fair and lawful procedures that apply to discipline and disputes, ensuring that issues are resolved calmly and consistently in line with the Constitution.
1 The Foundation of Fairness
Under Section 10 (Discipline and Disputes) and By-Law 6 (Code of Conduct), the Association must handle all disciplinary matters through a transparent, written process.
The objectives are to:
- protect members from unfair treatment;
- protect the Association’s reputation; and
- ensure that discipline supports unity, not division.
Fairness requires notice, an opportunity to respond, and impartial decision-making.
Following these steps not only resolves individual matters but also demonstrates that the Association’s leadership can be trusted with difficult issues.
Trainer’s Reflection
Fairness protects both people and reputation.
It shows that leadership applies rules consistently and acts with composure.
2 Misconduct and Disciplinary Action
Misconduct includes any breach of the Constitution, conduct detrimental to the Association, or behaviour that brings it into disrepute.
Under Section 10 (Discipline and Disputes):
- The Committee may warn, suspend, or expel a member who engages in such conduct.
- Written notice must be given to the member, outlining the allegations and potential actions.
- The member must be given a reasonable opportunity to respond before a decision is made.
- The Committee’s decision must be recorded in the minutes, stating the outcome and any conditions applied.
- The member has the right to appeal to a General Meeting, whose decision is final.
By applying this process calmly and consistently, the Association protects the rights of both individuals and the organisation as a whole.
Practice
Draft a short example of a written notice advising a member of alleged misconduct.
Include the behaviour, the rule breached, and the invitation to respond before the Committee meets.
3 Managing Disputes Between Members
Disputes can arise between members, or between a member and the Committee.
The Constitution sets out a graduated approach: negotiation → mediation → decision.
Negotiation
Encourage direct, respectful discussion between the parties. Many disagreements can be resolved informally when handled early and in good faith.
Mediation
If negotiation fails, the Committee must arrange mediation.
The mediator should be neutral and acceptable to all parties ideally a senior member not involved in the dispute or an external mediator from a community justice centre.
The mediator’s role is to guide discussion, not to make a decision.
Participants must act respectfully, keep discussions confidential, and record the result in the minutes (Appendix G – Template Minutes).
General Meeting Decision
If mediation does not resolve the issue, the matter may be referred to a General Meeting, which makes the final determination by ordinary resolution.
This decision must also be recorded in the minutes.
Trainer’s Reflection
Dispute procedures exist to preserve unity, not to assign blame.
When handled respectfully, even conflict can strengthen understanding and discipline.
4 Code of Conduct and Expectations
The Code of Conduct (By-Law 6) sets the behavioural standard for all members and office-bearers.
It requires members to:
- treat one another respectfully;
- support the Association’s Purpose and Objects;
- act in the Association’s interests, not personal interest; and
- not misuse funds, property, or confidential information.
When these standards are clear and consistently applied, misconduct is rare and trust grows naturally.
Displaying or distributing the Code of Conduct helps remind members of their obligations and maintains a culture of respect.
5 Maintaining Unity During Disputes
Even when issues arise, fairness and composure protect the Association’s unity.
Leaders should:
- keep communication factual and free from personal language;
- avoid discussing confidential matters publicly;
- encourage mediation before escalation;
- record outcomes clearly and confidentially; and
- remind all parties that discipline aims to correct behaviour, not punish individuals.
Fair process demonstrates maturity and strengthens the organisation’s credibility in the community.
Practice
List three ways your Committee can maintain calm communication during a dispute.
How does each action demonstrate leadership and respect for members?
Summary
Fair process protects both people and reputation.
When disciplinary procedures are consistent and transparent:
- members know expectations apply equally to all;
- leaders can act confidently, knowing they are supported by the Constitution; and
- disputes are resolved without damaging relationships or trust.
By following Section 10 (Discipline and Disputes) and By-Law 6 (Code of Conduct), the Association demonstrates integrity even under pressure.
[NEXT: GROWTH, INCORPORATION AND FEDERATION]
Next Steps
Once your Association can manage internal matters with fairness and transparency, it is ready to expand its structure and coordination. Continue to Module 11 – Growth, Incorporation and Federation to learn how local Associations work together to build state and national representation.
When reviewing this module in practice, refer to:
- Section 10 (Discipline and Disputes) for procedures and appeal rights;
- By-Law 6 (Code of Conduct) for behavioural standards; and
- Appendix G (Template Minutes) for recording outcomes clearly and consistently.