Upholding the Standards of Member Behaviour in Clubs

This article explores the rights and responsibilities of a clubs’ board and management in addressing such behaviour, including the imposition of proportionate penalties, up to and including expulsion from membership for serial offenders. Clubs have other powers to remove members and visitors from their licensed premises under the Liquor Act, but those are not explored in this article.

Ensuring Standards in Club Membership

From time to time, club boards and management may need to discipline members for improper behaviour. A club’s constitution should clearly detail the procedure to be followed for disciplinary proceedings, to ensure that the club and its members are treated in accordance with the agreed rules.

Understanding the Scope of Improper Behaviour

Improper behaviour can include harassment, disruptive conduct and violations of club policies. Clubs may wish to have clear definitions and examples of what constitutes improper behaviour in their by-laws or constitution. This helps ensure that all members understand the expectations and consequences of their actions.

The Role of the Board and Management

The board and management hold the responsibility of safeguarding the club's environment and ensuring that all members adhere to the established standards of behaviour. This involves:

1. Establishing Clear Policies: Clubs must have clear policies and procedures for handling complaints. Disciplinary procedures must be included in the club constitution. The policies and constitution should be accessible to all members and consistently enforced.
2. Due Process: When a complaint is made against a member, the club must follow the constitution, which must have the effect of including principles of natural justice and procedural fairness. In most instances, this means providing the member with notice of the complaint, an opportunity to respond, and a fair hearing. Upholding the principles of natural justice ensures fairness and transparency.
3. Imposing Penalties: Depending on the severity and frequency of the improper behaviour, the board can impose penalties based on the severity and frequency of the improper behaviour. Penalties can range from warnings to suspensions and, in severe cases, expulsion from membership of the club. It’s important to document all actions and the reasons behind them to maintain accountability. Clubs must keep appropriate records for any disciplinary action against members.
4. Expulsion from Club Membership for Serial Offenders: In cases where a member repeatedly engages in improper behaviour despite previous penalties, the board and management may consider expelling the member from membership of the club if appropriate. This measure, though severe, may be necessary to protect the club's integrity and the well-being of its members.

The powers of a clubs’ board and management in dealing with consistently improper behaviour are integral to maintaining a positive and respectful club environment. By establishing clear policies, ensuring due process and being prepared to impose appropriate penalties, clubs can uphold their standards and foster a safe and enjoyable atmosphere for all members.

For further information or questions, please contact ClubASSIST on 1300 730 001 or at [email protected].