TOPIC: 07. DISCIPLINE, SUSPENSION AND EXPULSION OF MEMBERS

7. DISCIPLINE, SUSPENSION AND EXPULSION OF MEMBERS

7.1 Subject to these Rules, if the Council is of the opinion that a Member has refused or neglected to comply with these Rules, or has been guilty of conduct unbecoming of a Member or prejudicial to the interests of the Association, the Council may by resolution:
(a) Suspend that Member from membership of the Association for a specified period; or
(b) Expel that Member from the Association;
provided that in either case that Member must be given notice of the resolution in accordance with rule 7.4.
7.2 A resolution of the Council under rule 7.1 does not take effect unless:
(a) At a meeting held in accordance with rule 7.3, the Council confirms the resolution; and
(b) If the Member exercises a right of appeal to the Association under this rule, the Association confirms the resolution in accordance with this rule.
7.3 A meeting of the Council to confirm or revoke a resolution passed under rule 7.1 must be held not less than 14 and not more than 28 days after notice has been given to the Member in accordance with rule 7.4.
7.4 For the purposes of giving notice in accordance with rule 7.1, the Secretary must, within seven days of receiving a notice of a Council suspension or expulsion resolution, cause to be given to the Member a written notice:
(a) Setting out the resolution of the Council and the grounds on which it is based;
(b) Stating the date, place and time of that meeting;
(c) Stating that the Member, or his or her representative, may address the Council at a meeting, to be held no later than 21 days after the notice has been given to that Member, at which meeting the Council shall either confirm or revoke the previous resolution and expel the Member;
(d) Informing the Member that he or she may do one or both of the following:
(i) Attend that meeting;
(ii) Give to the Secretary before the date of that meeting a written statement seeking the revocation of the resolution; and
(e) Informing the Member that, if at that meeting, the Council confirms the resolution, he or she may, not later than 48 hours after that meeting, give the Secretary a notice to the effect that he or she wishes to appeal to the Association in a General Meeting against the resolution.
7.5 At a meeting of the Council to confirm or revoke a resolution passed under rule 7.3, the Council must:
(a) Give the Member, or his or her representative, an opportunity to be heard;
(b) Give due consideration to any written statement submitted by the Member; and
(c) Determine by resolution whether to confirm or to revoke the resolution.
7.6 If at the meeting of the Council, the Council confirms the resolution, the Member may appeal to a General Meeting of the Association by lodging notice to that effect within 48 hours of receiving notice of the Council expulsion resolution.
7.7 If the Secretary receives a notice under rule 7.6, he or she must notify the Council and the Council must convene a general meeting of the Association to be held within 21 days after the date on which the Secretary received the notice.
7.8 At a General Meeting of the Association convened under rule 7.7:
(a) No business other than the question of the appeal may be conducted;
(b) The Council may place before the meeting details of the grounds for the resolution and the reasons for the passing of the resolution;
(c) The Member, or his or her representative, must be given an opportunity to be heard; and
(d) The Members present must vote by secret ballot on the question whether the resolution should be confirmed or revoked.
7.9 A resolution is confirmed if, at the General Meeting, not less than two-thirds of the Members vote in person, or by proxy, in favour of the resolution. In any other case, the resolution is revoked.