38.1

The grievance procedure set out in this Rule 38 applies to disputes under the Rules between

38.1.1

a Member and another Member; or

38.1.2

a Member and the Association

38.2

The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within fourteen days after the dispute comes to the attention of all of the parties.

38.3

If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within ten days, hold a meeting in the presence of an unbiased decision-maker.

38.4

The decision-maker must be:

38.4.1

a person chosen by agreement between the parties; or

38.4.2

in the absence of agreement:

(a)      in the case of a dispute between a Member and another Member of the Association, an unbiased person appointed by the Board (which subject to the Act, may without limitation be the Board or a committee of the Board); or

(b)      in the case of a dispute between a Member and the Association, a person who is a recognised decision-maker under the Act and appointed or employed by the Dispute Settlement Centre of Victoria (Department of Justice) or any equivalent body nominated by the Board.

38.5

A Member can be a decision-maker, so long as they are unbiased and satisfy the requirements of the Act.

38.6

The decision-maker cannot be a Member who is a party to the dispute.

38.7

The parties to the dispute must, in good faith, attempt to settle the dispute.

38.8

The decision-maker must:

38.8.1

give the parties to the grievance process every opportunity to be heard;

38.8.2

allow due consideration by all parties of any written statement submitted by any party

38.8.3

ensure that natural justice is accorded to the parties the dispute throughout the grievance process; and

38.8.4

subject to the Act, act in accordance with any By-Laws which apply to a grievance process.

38.9

This Rule does not in any way limit or abrogate the authority and power of the Board under Rule 10.2