A Code Authority and Code Administrator oversee Member compliance with the Club Code.
The role of the Code Authority is to make rulings in matters relating to alleged breaches of the Club Code. The Authority is made up of two or more members and an independent chairperson.
The Code Administrator is a member of the staff of ClubsNSW.
If the Code Authority believe that a matter contained in a report made to it by the Code Administrator requires further investigation, the Code Authority may request the Code Administrator to carry out the investigation and to report back to the Code Authority as to its outcome within a reasonable time.
Responsibility of Members
A Member shall ensure that it:
a) cooperates with the Code Administrator and Code Authority, and provides information about any alleged breach of the Code; and
b) monitors its compliance with the Code.
To make sure that the standards are met or exceeded, each signatory will implement the standards in the way that is most appropriate for their business.
Dealing with alleged breaches
The Code Administrator shall receive complaints about alleged breaches of the Code by members and shall consult with Members in respect of the alleged breaches and make recommendations to the Member, if necessary, about the alleged breach and the Member’s compliance with the Code.
The Code Administrator shall receive submissions from both the member and the Member on alleged breaches of the Code as well as any other individual or organisation deemed relevant. The Member shall have an opportunity to make representation to the Code Authority and in respect of the steps taken by the Member to rectify the matter and to stop the breach or breaches recurring. This information is compiled and provided to the Code Authority for determination.
Reporting to the Code Authority
The Code Administrator shall provide reports to the Code Authority at regular intervals detailing the facts of alleged breaches of the Code.
The Code Administrator shall immediately report to the Code Authority any matter where is considers after investigation there is evidence which may constitute a serious breach of the Code which indicates failure in respect of compliance.
Sanctions imposed by the Code Authority
If the Code Authority is satisfied that a Member has:
a) committed a serious breach of the Code; or
b) committed a series of breaches of the Code which indicates a systemic failure in respect of compliance,
it shall ask for the matter to be rectified in line with the Code Authority’s determination.