To be published in the October 2021 edition of Bowls Queensland's Queensland Bowler magazine.
In our March 2021 article we discussed a number of proposed changes to governance requirements for incorporated associations which were due to commence on 30 June 2021. These changes were pushed back by 12 months to coincide with the further changes which are due to apply from 30 June 2022.
These changes will affect most bowls clubs in Queensland, as the majority are incorporated associations.
As a reminder, the changes that have been delayed until 30 June 2021 include:
Several defences will potentially be available to committee members including:
The additional changes are that each association will need to have a Grievance Procedure policy for dealing with any disputes between members, the management committee or the association itself.
Associations will be required to detail the Grievance Procedure in their rules or constitution. If the association does not have such a policy, then the Act’s model rules regarding Grievance Procedures will apply.
These model rules have not been drafted yet, but the Act makes it clear that they must provide for a mediation and for a person to decide the dispute, that a member may appoint someone to act on their behalf to resolve the dispute, and that once a grievance has been initiated the association must not take disciplinary action until the grievance procedure has been completed.
Bowls clubs that are incorporated associations should ensure their committee is familiar with the duties that will be imposed on committee members as well as the changes to commence from 30 June 2021. Clubs will also want to ensure that they review the model rules for Grievance Procedures once they are released, or alternatively amend their own rules to put in place their own Grievance Procedures.
Article written by Matthew Bradford (Partner)
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