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Department of Justice and Community Safety

Resolution of Disputes within Incorporated Associations

The principal concern of the Associations Incorporation Act 1991 ("the Act") is to ensure that the public record is clear and up-to-date so that any third party dealing with the Association does so in full knowledge of the Association's affairs.

It is not a function of the Registrar-General's Office to either offer legal advice or to intervene in the internal matters of incorporated associations that involve member's disputes.

The Act specifically entitles any member to resolve their own disputes either by calling a special/general meeting or through the courts system.

S.48-53 of the Act sets out the rights and liabilities of members of associations in relation to dispute resolution. See also Clause 17 of the Schedule to the Act concerning removal of committee members.

INTERNAL RESOLUTION

Where a dispute arises within an incorporated association, members should attempt to resolve the dispute internally. In doing so, they should refer to the rules of the association which may include mechanisms for resolution of disputes. See also S.48-53 and Clause 17 of the Schedule to the Act.

COMMUNITY SERVICES

Where the members are unable to resolve a dispute, they may wish to use the services of a community-based service such as The Resolution Centre run by the Conflict Resolution Service Inc. (formerly known as the Conflict Resolution Service). The stated objectives of the Resolution Centre are to provide free, confidential mediation to assist in resolving many different sorts of arguments, disagreements or disputes. Private mediation of this kind is a low-cost alternative to the Courts system and success relies upon the parties reaching a mutually satisfactory agreement.

PROFESSIONAL SERVICES

Members may elect to use a professional mediation service. These services can be obtained through -

  • Lawyers Engaged in Alternative Dispute Resolution (LEADR ACT Chapter) located in the Law Society Building;
  • private mediation advertised in the Yellow Pages; or
  • Institute of Arbitrators.

These services are not free of charge but may be a less time-consuming alternative to the Courts system.

MIGRANT ASSISTANCE

The Migrant Resource Centre may be used on occasions where members of a particular ethnic background require the services of a dispute resolution service.

COURT RESOLUTION

In the event that any of the above avenues fail to achieve resolution of a dispute, the parties may then elect to seek independent legal advice which may lead to court action.