Sport plays an important role in the community, and the Office for Recreation, Sport and Racing is dedicated to ensuring every South Australian has the best possible opportunity to enjoy the physical, emotional, and social benefits sport and active recreation provides.
Managing disputes is a natural part of running sport and active recreation organisations. It is important that leaders and members feel confident in understanding the available processes and have the right tools – such as skills, experience, and education – to resolve issues effectively and efficiently.
Most sports are guided by their own governance structures, policies, rules and processes set by national and state sporting organisations. Organisations affiliated with these bodies will have greater support available to help navigate and manage disputes when they arise.
If your organisation is affiliated with a national sporting organisation that has adopted the National Integrity Framework (external site) (external site) (external site) (external site) (NIF), there will be a specific Complaints, Disputes and Discipline Policy to follow. Check (external site) (external site) (external site) (external site) if your national sporting organisation is signed up to the NIF.
It is important to remember that your organisation may be obligated to report child abuse and suspicion of harm irrespective of whether a formal dispute has been submitted to your organisation. Learn more about your reporting obligations via ORSR’s Keeping Children Safe page or by visiting the Department for Child Protection (external site) (external site) (external site) (external site).
More advice and supporting information about managing disputes is provided below.
Managing disputes in a diplomatic, constructive, and positive manner will have a significant impact on the sustainability of your sport or active recreation organisation. The positive experience of participants, members, volunteers, staff, and leaders build stronger ties, greater trust, and more enjoyable communities around your sport.
Managing disputes well is just as much about communication skills, robust decision making, and managing stakeholders as it is having knowledge of the rules, obligations and rights of your organisation and your members.
Ideally, all disputes will be effectively managed by the club, association, or organisation it is first raised with and the member raising the complaint. Local clubs and associations and their members are encouraged to engage with each other constructively before elevating a dispute to the state and/or national sporting organisation they are affiliated with for further support and advice.
If a dispute cannot be resolved within your sport and involves integrity matters covered by the National Integrity Framework, organisations and their members can engage Sport Integrity Australia. More information about when it is appropriate to raise disputes with SIA and how to make a formal complaint: Reporting | Sport Integrity Australia. (external site) (external site) (external site) (external site)
In situations where the above dispute management options have not been able to eventuate in a successful resolution, or those options above are not available to you (i.e. your organisation is not affiliated), there are other avenues for support depending on the nature of the dispute.
National Sports Tribunal
The National Sports Tribunal (NST)provides independent, effective, and efficient dispute resolution services to sporting bodies, athletes, and support personnel. These services include issues relating to anti-doping rule violations, disciplinary matters, selection and eligibility issues, and bullying, harassment and discrimination.
NST also provides resolution assistance through various services including:
- arbitration;
- mediation;
- conciliation; and
- case appraisal.
Note there are criteria and requirements that will determine whether a dispute can be addressed by the NST, as well as costs associated with services. Further information on the services NST provides: Dispute Resolution Methods (external site) (external site) (external site) (external site)
Discrimination and Equal Opportunity matters
For advice on matters relating to discrimination, harassment or bullying based on a person’s gender, age, race, or disability, organisations and individuals can contact Equal Opportunity SA (external site) (external site) (external site) (external site) or the Australian Human Rights Commission (external site) (external site) (external site) (external site).
Matters relating to Incorporated Associations
For matters relating specifically to incorporated associations, for example breaches of the Associations Incorporation Act 1985 (SA), complaints can be lodged with Consumer and Business Services (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF).
For matters relating to potential criminal activity, including sexual or physical assault, contact the Police.
Organisations and individuals can seek professional advice from the Legal Services Commission of South Australia (external site) (external site) (external site) (external site).
Further Resources and Information:
(external site) (external site) (external site)
Sport Governance Principle 8: The Best and Fairest (external site) (external site)
National Governance Resource Library | Australian Sports Commission (external site) (external site)
Member Protection Information Officer Training | Sport SA (external site) (external site)
Complaint Handling | Play By The Rules (external site) (external site)
(external site) (external site) (external site)
If you require any further information or advice regarding the dispute management processes or engaging the organisations listed above to resolve your dispute, please contact ORSR via ORSR.Enquiries@sa.gov.au | 1300 714 990.
