Resolving disputes
Disputes can sometimes happen within an incorporated association.
A dispute is also referred to as a complaint or grievance.
Who manages disputes
The management committee is responsible for managing and handling disputes as set out in the association’s constitution.
Read below to find out more. You can also watch the video below.
Get a printable fact sheet PDF (474.9 KB).
How disputes are handled
Usually, a meeting is arranged with the complainant within 14 days to resolve the issue.
If your constitution doesn't include a dispute-handling process, you must refer to the model constitution.
Difference between concerns and a dispute
A member of the association may ask questions or raise concerns at any time verbally or in writing. If these concerns are not addressed or responded to, the issue may escalate and the member may decide to make a complaint.
How to submit a dispute
Disputes must be submitted to the committee in writing.
If the association doesn't have a generic email or you're not sure which committee member should receive the complaint, send it to the public officer.
Email associations.compliance@nt.gov.au if you need the public officer’s details.
What to include
The dispute must identify the following:
- what the complaint is about
- who the complaint involves.
Conflicts of interest
A conflict of interest can be actual or perceived, financial or something else.
If there is a conflict of interest, the association must comply with section 31 of the Associations Act 2003.
If the dispute involves an association member or committee member, this person can't be involved in the meeting to resolve the complaint.
The individual may be asked to provide information. However, they can't be part of the decision-making process.
How to handle a complaint
If a complaint is received, the committee should do the following:
- check the complainant is a member of the association
- read the constitution for guidance
- arrange a committee meeting to decide who will attend and when to meet with the complainant
- get further information from the complainant and any involved parties if needed
- provide a written response to the complainant with the outcome of the meeting.
If you can't resolve the complaint
If you can't resolve the complaint, you can organise mediation.
Both parties must agree to mediation and the constitution should advise of a time frame for when this needs to happen.
A mediator can be an impartial person who is a member of the association or an external party.
The Community Justice Centre also provides mediation services.
When to involve the associations team
Contact the associations team for guidance on the Associations Act 2003 and dispute resolution options aligned with an association's constitution.
Other avenues of support:
- bullying or threats of violence (perceived or actual) - Contact NT Police
- if there is evidence of fraud - contact NT Police
- staff or employment concerns - contact the Fair Work Commission
- building or premises safety - contact NT Worksafe.
Contact
Contact the associations team.
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