VIC Local Sporting Club issues

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

RD34

Member
12 June 2020
4
0
1
I am a member of a Committee at a local Footy club and i suspect some members of the committee are not being honest, hiding financials, refusing to distribute minutes of meetings, among other things, what is my best course of action here? I am not even sure of what the legal requirements are by the Executive committee re letting members view the financial records, etc. Any advice, legal or not would be great.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,733
1,056
2,894
www.hutchinsonlegal.com.au
The committee members have obligations to act responsibly and can become personal liable for losses/damages caused to the club when they are not acting in good faith.

I suggest a letter be sent to the committee reminding then they have legal duties to the club.

Is the club incorporated (most are)?
 

RD34

Member
12 June 2020
4
0
1
Rod
Yes i believe they are, i have requested minutes and been ignored, the AGM was held in November 2019 and there still has not been a financial report submitted to the general committee, any time i have raised questions i have been responded to with personal attacks and very defensive responses to simple polite questions. I also believe that select people at the club are starting a venture to make it a Sporting Club but refuse to give any information relating to what money has been invested into it so far or how it will be done etc, It is a Junior Club and i have 3 kids there and volunteer/coach/committee member and im very disappointed and concerned at the Exec Committee behavior.
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
This is both not uncommon and often difficult to deal with. I'm not familiar with the NSW rules specifically, but in general terms general members are entitled to review the records of the organisation. Committee minutes may be restricted - but as a committee member they should be accessible. Financial reporting requirements are a 'big ticket' item as this is required for compliance with the legislation.

The thing is, in practice, I've found that the methods to enforce these rules is often rather lacking. Regulators often aren't keen to get involved unless the committee as a whole are behind the push. Courts have determined that there has been a breach of the requirements but refused to remedy (admittedly, in other states - so your situation may be different) - To explain: there have been cases where members have been kicked out, the Court has agreed this was improperly done, and has declined to order they be reinstated due to reasons such as disruption for the rest of the membership.

In practical terms, here is my suggestion for the best thing you can do: Motivate the voter base (i.e. the members) to get the bad apples out, replace them with a new, clean committee, and then go through the records to see if there's anything that requires action. To do that, you'll most likely be identified as a trouble maker. Those attacks will increase. They'll likely try to get you discredited, kicked out, and possible worse. It won't be a pleasant exercise. The more ingrained and extensive the 'corruption', the harder it will be.
 

RD34

Member
12 June 2020
4
0
1
This is both not uncommon and often difficult to deal with. I'm not familiar with the NSW rules specifically, but in general terms general members are entitled to review the records of the organisation. Committee minutes may be restricted - but as a committee member they should be accessible. Financial reporting requirements are a 'big ticket' item as this is required for compliance with the legislation.

The thing is, in practice, I've found that the methods to enforce these rules is often rather lacking. Regulators often aren't keen to get involved unless the committee as a whole are behind the push. Courts have determined that there has been a breach of the requirements but refused to remedy (admittedly, in other states - so your situation may be different) - To explain: there have been cases where members have been kicked out, the Court has agreed this was improperly done, and has declined to order they be reinstated due to reasons such as disruption for the rest of the membership.

In practical terms, here is my suggestion for the best thing you can do: Motivate the voter base (i.e. the members) to get the bad apples out, replace them with a new, clean committee, and then go through the records to see if there's anything that requires action. To do that, you'll most likely be identified as a trouble maker. Those attacks will increase. They'll likely try to get you discredited, kicked out, and possible worse. It won't be a pleasant exercise. The more ingrained and extensive the 'corruption', the harder it will be.
 

RD34

Member
12 June 2020
4
0
1
Yep i hear what you are saying and that stuff has started already against me, i think i just need to get my kids out of there.

Thanks for your response.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,733
1,056
2,894
www.hutchinsonlegal.com.au
In Vic we have a reasonable law to assist associations and members deal with disputes. I suspect you are not at that stage and more can be done internally before resorting to legal action.

I agree that sometimes it is easier to change clubs. That is a call only you can make.