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 disputes 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 (1.6 MB).

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 by email.

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.

The individual may be asked to provide information. However, they can't be part of the decision-making process.

If the dispute involves an association member or committee member, this person can't be involved in the meeting to resolve the complaint.

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 compliance team

You can contact the compliance team for the following:

• educational support if guidance is needed from either party
• if the complaint is not dealt with in line with the constitution and a complaint is made with the team
• concerns with how the committee is managing the association.

If an association doesn't handle a complaint in line with the constitution or doesn't respond at all, the complainant can make a complaint to the compliance team. This will result in a preliminary review.

If it appears there is a lack of governance or the complaint is substantiated, the association may be investigated.

What the compliance team can't investigate

The compliance team doesn't investigate:

• bullying, threats of violence (perceived or actual) or swearing - if you feel threatened, call NT Police
• if there is evidence of fraud - contact NT Police
• staff or employment concerns - these should be directed to Fair Work Australia
• building or premises safety - this should be referred to NT Worksafe.

Contact

Contact the compliance team.