Disciplining Members


 
1. Complaints and Disciplinary Action
1.1
A complaint may be made against any member who acts or fails to act in such a way as to justify the taking of disciplinary action, including refusing or neglecting to comply with the Rules, the National Regulations or the Branch Regulations of the member's Branch.
1.2 If the complaint is substantiated, the member may be disciplined by:
(a) expulsion from the Society, or
(b) suspension from the rights of membership, or
(c) being required to comply with conditions imposed as to the carrying out of the member's occupation, or
(d) being required to complete specified courses of training or instruction, or
(e) caution or reprimand.
1.3 The Society is not entitled to make an award of compensation.
2. Any complaint about a member must be in writing to the Chief Executive Officer who must, within 7 days, refer the complaint to ACS National Board.
3. Resolution by ACS National Board
3.1 Within 30 days of receipt of a referral under R7.2, unless the complainant and the accused member agree to a longer period, ACS National Board must resolve:
(a) to refer the complaint to the Disciplinary Committee, or
(b) to dismiss the complaint, or
(c) to impose disciplinary action with the consent of the accused member.
3.2 Within 14 days of making its resolution, ACS National Board must notify the complainant and the accused member of that resolution.
4. If, within 14 days of being notified of the resolution by ACS National Board under R7.3.2, the complainant:
(a) objects to the dismissal of the complaint under R7.3.1(b), or
(b) does not consent to the disciplinary action under R7.3.1(c), the complaint must be referred to the Disciplinary Committee.
5. Where a complaint is referred to the Disciplinary Committee, the Disciplinary Committee must within 60 days:
(a) with the prior consent of both the complainant and the accused member, resolve the matter without proceeding to a hearing, or
(b) decide the matter by conducting a hearing.
6.
ACS National Board and the Disciplinary Committee must comply with the principles of natural justice and must otherwise conduct disciplinary proceedings in accordance with the National Regulations.
7.
The complainant and the accused member are not entitled to legal representation during attempts to resolve the complaint without a hearing but are entitled to legal representation during a hearing by the Disciplinary Committee into the complaint.
8. The Disciplinary Committee may, as part of its decision about a complaint, direct:
(a) the complainant to pay all or any of the costs of the accused member, or
(b) the accused member to pay all or any of the costs of the complainant.
9. Within 30 days after it resolves or decides a complaint, the Disciplinary Committee must give a written statement of the resolution or decision, including reasons for the decision, on the same day, to:
(a) the complainant, and
(b) the accused member, and
(c) Council, and
(d) the accused member's Branch.
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