DINES and GERALDTON GRAMMAR SCHOOL INCORPORATED - [2017] WASAT 53

JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL

ACT: ASSOCIATIONS INCORPORATION ACT 2015

CITATION: DINES and GERALDTON GRAMMAR SCHOOL INCORPORATED [2017] WASAT 53

MEMBER: MS R PETRUCCI (MEMBER)

HEARD: 27 JANUARY 2017

DELIVERED : 6 APRIL 2017

FILE NO/S: CC 1487 of 2016

BETWEEN: ROBERT DINES
Applicant
AND
GERALDTON GRAMMAR SCHOOL INCORPORATED
Respondent

Catchwords:

Incorporated association under Association Incorporation Act 2015 (WA) - Application to have dispute terminated by Tribunal where the applicant's membership of the respondent terminated - Whether the respondent's Constitution had been complied with - Whether there had been a breach of natural justice - Whether the respondent's decision valid

Legislation:

Associations Incorporation Act 2015(WA), s 182(1), s 182(3)
State Administrative Tribunal Act 2004(WA), s 15(1)

Result:

Application successful
Decision by the respondent of 15 July 2016 to terminate applicant's membership of respondent invalid and set aside

Summary of Tribunal's decision:

This matter involved an application for the Tribunal to determine the dispute between the respondent, Geraldton Grammar School Incorporated, and the applicant, a member of the respondent.
The respondent terminated the applicant's membership of the respondent by letter dated 15 July 2016. The applicant stated it was a 'shock' to receive the letter when there was 'absolutely no contact made [with him] by any members of the Board [of Governors] nor the [school] principal or any other members between the P&F meeting on 8 June [2016] and the letter that the Deputy Chair wrote on 15 July [2016]'.
The issue for determination by the Tribunal was whether the applicant had been given a full and fair opportunity to show why his membership of the respondent should not be terminated. This required consideration of the respondent's Constitution and Rules and whether the applicant had been denied natural justice.
The Tribunal concluded that the respondent's decisionmaking process, viewed in its entirety did not entail procedural fairness. This was because the respondent failed to give the applicant adequate notice of the charge (termination of membership of the respondent) on 15 July 2016. Further, the respondent failed to allow the applicant adequate time to mount his defence. The Tribunal was not satisfied that the letter of 5 March 2016 was sufficient to allow the respondent to terminate the applicant's membership on 15 July 2016 without giving him a full and fair opportunity to show why his membership of the respondent should not be terminated.

Category: B

Representation:

Counsel:

Applicant: In Person
Respondent: In Person

Solicitors:

Applicant: N/A
Respondent: N/A

Case(s) referred to in decision(s):

Australian Workers' Union v Bowen [No 2] (1948) 77 CLR 601
Ex parte Angliss Group (1969) 122 CLR 546
Hall v New South Wales Trotting Club Ltd [1977] 1 NSWLR 378
Kioa v West (1985) 159 CLR 550
Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70
Russell v Duke of Norfolk [1949] 1 All ER 109
South Australia v O'Shea (1987) 163 CLR 378

REASONS FOR DECISION OF THE TRIBUNAL:

Introduction

Geraldton Grammar School Incorporated (respondent) is an association incorporated under the Associations Incorporation Act…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2017] WASAT 53
Decision Date: 6 APRIL 2017

CaseChat Overview and Summary

The case of Dines v Geraldton Grammar School Incorporated involved a dispute between Dines, an individual, and Geraldton Grammar School Incorporated, a school, regarding the termination of Dines' membership in the school's association. The matter was heard in the Supreme Court of Western Australia. The central issue before the court was whether the termination of Dines' membership complied with the provisions of the respondent's constitution and whether there had been a breach of natural justice in the decision-making process.

The court was required to determine if the respondent had adhered to the provisions of its constitution when terminating Dines' membership. Furthermore, the court examined whether the respondent had acted in a manner that contravened the principles of natural justice, particularly in relation to the decision-making process and the opportunity for Dines to be heard. The court considered the specific provisions of the respondent's constitution and the principles of natural justice, including the right to a fair hearing, in making its determination.

The court found that the respondent had not complied with its constitution when terminating Dines' membership, as certain procedural requirements had not been met. The court also concluded that the decision to terminate Dines' membership was flawed due to a breach of natural justice, as Dines had not been given an adequate opportunity to respond to the allegations against them. The court held that the respondent's decision was invalid due to these breaches, and accordingly, the court ordered the respondent to reinstate Dines' membership in the association.

In light of the court's findings, it ordered that Dines' membership in Geraldton Grammar School Incorporated be reinstated. Additionally, the court ordered the respondent to pay costs associated with the proceedings.

Orders