Page 33 - Touchline27

September 2014 to vote on PWHC’s
future, PWHC remained a member with
all of the ordinary rights of a member.
PWHC had a right to be present at the
committee meeting, a right to be heard
in respect of the decision, and a right to
vote.
As PWHC was not a member in
2015 (at the time of the litigation)
the Magistrate was not prepared to
reinstate but ordered that the meeting be
reconvened with PWHC in attendance
to make submissions and vote. Another
vote was held in compliance with the
orders but it was well into the 2015
season and PWHC were ultimately
unsuccessful in obtaining any future
membership.
Where a committee intends to bring
into operation a policy, procedure or
enter into a particular agreement with
a member (or another third party), it is
necessary to consider not only whether
the committee has the relevant power
to do so, but also how that policy,
procedure or agreement will operate by
reference to the constitution.
In this case we also find an example
of the warning signs that might indicate
when a committee is heading into
dangerous territory. If a committee
is voting on a matter that is likely
to impact upon a member and that
member is either not present, has not
made submissions, or is entirely unaware
of the vote, that is a ‘red flag’ on the
issue of procedural fairness. While a
more flexible standard of procedural member of the Sturt Pistol and gave a detailed notice to Mr Kenny
fairness will be applied where voluntary Shooting Club (Sturt Pistol Club). In of charges of misconduct including;
committees are concerned, this does October 2012 he notified the state body, circulating defamatory correspondence,
not dispense with the fundamental the South Australia Revolver and Pistol sending unsolicited and damaging
requirements of proper notice, time to Association (SARPA), of allegations correspondence and secretly recording
prepare and a fair hearing. These issues that the Sturt Pistol Club was involved an AGM. Mr Kenny was told that a
arise in the case of Kenny v the Sturt in the release of certain personal hearing of the charges would be held
Pistol and Shooting Club. information of its members. SARPA on 17 July 2014 and he was invited to
looked into the matter however Mr attend to make submission. In response
FAIRNESS IS KEY - KENNY Kenny was dissatisfied with the outcome Mr Kenny wrote to the committee
V STURT PISTOL AND and began to regularly correspond with stating that he had no intention of
SHOOTING CLUB SARPA and its affiliated clubs regarding attending any hearing ... So in light of
In this case a failure to afford the issue. Relations between Mr Kenny, this, at the next committee meeting
procedural fairness at first instance SARPA and the committee of the Sturt Mr Kenny was rung and told that the
was remedied by a committee properly Pistol Club began to deteriorate. Mr charges would be determined that
adhering to its constitution and appeal Kenny was provided with a number of evening. Mr Kenny again refused to
procedures. warnings in relation to his conduct. attend and the committee proceeded to
Mr Kenny was a long standing On 5 July 2014 the committee find 2 of 3 charges to be made out. The

TOUCHLINEMAGAZINE.COM | 33