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LEGAL FOCUS

or oppressive conduct by a committee
SPORTING jurisdictions in Australia with applicable
may give rise to litigation in other

legislative provisions in NSW, QLD,
VIC, WA and the ACT.

ASSOCIATIONS CONSULT THE
CONSTITUTION - PLAYFORD
WELLS HOCKEY CLUB INC
V CLARE AND DISTRICT
HOCKEY ASSOCIATION
Clare and District Hockey
AND THE runs a regional hockey competition
Association (the Clare Association)
under the umbrella of Hockey South
Australia. In need to members in late
2013 the Clare Association passed a
resolution to permit a club that was
EXPULSION not from the region, Playford Wells
Hockey Club (PWHC), to be granted
a trial membership for the 2014 season.
PWHC proceeded to enter junior and
senior teams into the competition with
OF MEMBERS distance each week to the Clare region
their players travelling a significant

for matches.
In the course of the 2014 season
tempers flared and there were
THE STANDARD EXPECTED documented on-field incidents involving
PWHC members, umpires and
members of other clubs. The Grand
OF VOLUNTEER COMMITTEES Final was played on 14 September
signalling the end of the playing season
and the Clare Association promptly held
Jacob Redden, Associate, Gilchrist Connell a vote, in the absence of PWHC, and
determined not to offer the club any
further membership.
he life member, the veteran, the RELIEF FOR UNREASONABLE PWHC applied to the Magistrates’
Tparent singled out at the last OR OPPRESSIVE CONDUCT Court for orders, including
AGM, the coach, the bar manager - Section 61 of the Associations reinstatement, under Section 61 of the
these are a few of the typical résumés Incorporations Act 1985 (SA) (the Act) Act. The club contended that there
of the volunteers that make up the permits a member or former member was no other league available and,
committees of incorporated sporting of an incorporated association to apply without membership in the Clare
associations across Australia. But what to the Supreme or Magistrates’ Court Association, junior and senior players
does the court expect of these usually for a broad range of orders where it has faced the prospect of having nowhere
inexperienced committees when been establish that the association has to play. The Magistrate found that
decisions are made impacting the rights engaged in oppressive or unreasonable the Clare Association had engaged in
of a member? conduct. The available relief includes unreasonable and oppressive conduct
The South Australian cases of reinstatement as well as damages. due to a failure to properly observe its
Playford Wells Hockey Club v Clare The court’s role is not to review the own constitution.
and District Hockey Association and merits but to ensure proper procedures Pursuant to the Clare Association’s
Kenny v the Sturt Pistol and Shooting are followed and fairness is afforded. constitution the season did not end
Club provide both warning and It is worth noting that while this with the playing of the Grand Final
guidance to volunteer committees article considers South Australian but continued until 31 October of each
dealing with troublesome members. legislation and decisions, unreasonable year. At the time the committee met in

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