EXAMPLE 1
A good example of how fundamental lawful obligations were not complied with is the existing constution:
Was established on or about the 2nd of May 1951.
Was changed once on or about the the 10th of September 1996.
The existing constitution had no disputes resolution process for unbiased decision making pursuant to the principles of natural justice.
No by-laws were established.
Successive officers of the Club did not complete the obligations to update the constitution as case law was made by the Courts during the period 2 May 1951 until the date of this presentation.
The new 2022 Act and the new constitution will assist with this.
An event occured this year where officers of the Club had the fundamental lawful obligation to address a serious written complaint.
The Club had to establish a independent unbiased group to make a decision on behalf of the Club which was not at all easy. By way of example I had to call twenty seven (27) people to find a group of qualified, independent and competent persons who could actully make a unbiased decision.
The respondent, an ex executive officer:
Likely engaged in theft.
All of the officers of the Club knew the ex-officer.
The existing constitution had no disputes proceedure pursuant to natural justice and administrative process.
This means the Club would have to default to administrative and natural justice processes to ensure that the Club's obligations. So that is what is occured.
WFW assisted the Club with establishing the process pursuant to natural justice. WFW was not part of the decision making process.
Independent decision makers were engaged.
Communications were extensive by way of letter were established on multiple delivery fronts.
Respondent refused to participate, was given ample opportunity to respond.
Decision making body met and provided that the conduct of the ex officer was misconduct that would likely deem the respondent's behaviour undesirable and provided that the member should be expelled.
Club is bound by that decision.
Route for the respondent to challenge that decision is now the Civil Courts.
SORT LETTER
K