11 Breach of Rules

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11 Breach of Rules

(a) The following are offences with which a member may be charged under this rule:
- (i) misappropriation of funds of the Union;
- (ii) breaches or fails to comply with any provision of these rules;
- (iii) knowingly fails to observe any directive of State Council or Executive;
- (iv) obstructs State Council, Executive, a Branch or any other lawful committee of the Union in any way in the performance of its functions;
- (v) wrongly holds out as occupying any office or position in the Union or as being entitled to represent the Union in any capacity (to which charge it shall be a defence that the member believed bona fide and on reasonable grounds that she/he was entitled to act);
- (vi) aids or encourages any other member in any breach of these rules.
(b)
- (i) Any member who alleges that another member has breached these rules may lay a charge under this rule;
- (ii) such charge(s) shall be in written form and shall be forwarded to the General Secretary.
(c) Upon receipt of a charge laid in accordance with sub-rule 11(b ), the General Secretary shall forward to the member against whom the charge is made, a notice in writing which shall:
- (i) state the charge together with particulars of the charge(s);
- (ii) disclose the evidence on which the charge is based;
- (iii) identify the persons who have been appointed to the Dispute Resolution Committee convened in accordance with Rule 12;
- (iv) be signed by the General Secretary or the President;
- (v) state the time, date and place of the hearing of the Dispute Resolution Committee;
- (vi) Advise the member that he or she may:
  - attend the hearing in person and present evidence;
  - be represented by any representative of his or her choice save that representative must not be a legal practitioner;
  - choose not to appear but make written submissions to the Dispute Resolutions Committee;
  - object to the presence on the Dispute Resolution Committee of any member of that Committee whom the member believes may be biased, which objection must be in writing and forwarded to the General Secretary not later than 7 days after the member receives the written notice;
- (vii) be delivered personally to the member concerned or posted by registered or certified mail to his or her last known address at least 21 days before the hearing date; and
- (viii) attach a copy of these Rules 11 and 13.
(d) Should the charge(s) have been made by a member of the Dispute Resolution Committee, such person shall not participate in the resolution of the matter.
(e) Should the member against whom the charge has been made, object to a member of the Dispute Resolution Committee on the basis of bias:
- (i) this objection must be in writing and be directed to the General Secretary within 7 days of the member receiving the notice in accordance with sub-rule 11(c);
- (ii) upon receipt of notice of objection as in sub-rule 11(e)(i) above the General Secretary may arrange for a substitute member of the Dispute Resolution Committee to be selected by lot in accordance with sub-rule 12(b).
(f) Should any member against whom a charge is made fail to appear at the hearing before the Dispute Resolution Committee and fail to provide a satisfactory explanation of his or her non-attendance, the Dispute Resolution Committee may proceed with the hearing of the charge in the member’s absence provided it is first satisfied that the notice of hearing has been served on the member in accordance with this Rule.
(g) The Dispute Resolution Committee having heard evidence and submissions will make a recommendation to the Executive which recommendation:
- (i) must be in writing and include written reasons for the recommendation:
- (ii) must set out the Dispute Resolution Committee’s recommendations that the Executive find the charge to have been proven or not proven as the case may be, and the Dispute Resolution Committee’s recommendations to the appropriate penalty if the charge is found to be proven.
(h) If the Dispute Resolution Committee recommends to the Executive that it find the charge to be proven, it must also recommend to the Executive that it:
- (i) impose no penalty
- (ii) reprimand such member:
- (iii) fine such member a sum not exceeding the sum of one year’s subscription for that member:
- (iv) suspend such member for a period not exceeding 12 months; or
- (v) expel such member
  
  Upon receipt of the Dispute Resolution Committee’s recommendation and reasons for recommendation the Executive will send a written notice to the member calling upon the member to show cause why the Executive should not confirm the Committee’s recommendation.

(j) The written notice shall:
- (i) include the written recommendation and reasons for recommendation of the Dispute Resolution Committee;
- (ii) be signed by the General Secretary or the President
- (iii) state the time, date and place of the hearing of this matter by the Executive;
- (iv) Advise the member that he or she:
  - may attend in person and present evidence/make submissionbe represented by any representative of his or her choice save that representative must not be a legal practitioner.
  - choose not to appear but make written submissions to the Executive
- (v) be delivered personally to the member concerned or posted by registered or certified mail to the member’s last known address at least 14 days before the Executive meeting date; and
- (vi) attach a copy of these Rules 11 and 12.
(k) Upon considering the recommendation of the Dispute Resolution Committee and hearing any further evidence or submission from the member, the Executive may confirm, quash or vary the recommendation of the Dispute Resolution Committee.
(l) The General Secretary shall promptly inform the member by registered letter of the decision of the Executive. In the event of expulsion or suspension, the expulsion or suspension shall become effective 14 days after the date of posting such letter and in the event of a fine being imposed the fine shall become payable immediately and the member shall be deemed unfinancial if the fine is unpaid one month after the date of posting such letter remain unfinancial until the fine is paid.