Most disagreements in clubs and community groups are ordinary and fixable. This page helps committees, volunteers and members work out what they’re dealing with, what the law expects, and when to get help. It’s also the home of our fortnightly conflict tips series.
Conflict, bullying or harassment?
Conflict is a normal disagreement between people. Bullying and harassment are behaviours the law treats differently, and each needs a different response. Naming it correctly is the first step.
| Conflict | Bullying | Harassment | |
|---|---|---|---|
| What it is | A disagreement over ideas, interests, decisions or ways of working, between people who can each speak up for themselves. | Unreasonable behaviour, repeated, towards a person or group that creates a risk to their health and safety. | Unwelcome conduct linked to a protected attribute (such as sex, race, disability or age) that a reasonable person would expect to offend, humiliate or intimidate. |
| The legal test | None — conflict on its own isn’t unlawful. | All three needed: 1. unreasonable behaviour, 2. repeated, and 3. a risk to health and safety Fair Work Act 2009 (Cth) s 789FD. | Sexual harassment: an unwelcome sexual advance, request for sexual favours or other conduct of a sexual nature, where a reasonable person would anticipate offence, humiliation or intimidation (Sex Discrimination Act 1984 (Cth) s 28A). |
| Does it have to be repeated? | No | Yes — a one-off isn’t bullying in law, though it may breach your code of conduct or escalate. | No — one incident can be enough. |
| Does intent matter? | No | No — the test is objective. If the behaviour is bullying it doesn’t matter if the claim is that they didn’t mean it to be. | No — the test is objective. If the behaviour uses a “protected attribute” to offend, humiliate or intimidate it doesn’t matter if the claim is that it wasn’t intended to. |
| What it isn’t | — | Reasonable management action done in a reasonable way, such as addressing performance or applying the rules. Both the request, feedback or instruction and the way it is delivered must be reasonable. | Conduct not linked to a protected attribute isn’t legally considered harassment — which may still be bullying (if repeated) or misconduct if against the club or association rules. |
| Examples | Two members disagree about how to spend grant money. | Repeatedly leaving someone off rosters, freezing them out, belittling them or spreading rumours. | Sexual comments or jokes, unwanted touching, demeaning remarks about someone’s sex, race or disability. |
| Who deals with it | The group itself, with mediation if it’s stuck. | – your complaints process; – the Fair Work Commission (for workers of covered businesses); – WHS regulators. | – your complaints process; – the Australian Human Rights Commission or – your state equal opportunity body; – the Fair Work Commission for work-related sexual harassment. |
| Can it be mediated? | Usually — the earlier the better. | Sometimes, after screening and once the behaviour has been dealt with. | Rarely for the harassment itself. Possibly later for the relationship, only if the affected person freely chooses it. |
Things committees often don’t know
- There is a positive duty to prevent harassment. Employers must take reasonable and proportionate steps to prevent sexual harassment, sex discrimination and victimisation (Sex Discrimination Act s 47C, since December 2022). There are obligations in every state or territory e.g. Victoria’s Equal Opportunity Act 2010 (s 15) and Queensland’s Anti-Discrimination Act 1991 (s 131I, from 1 July 2025) set similar duties under state law.
- Unresolved conflict is a workplace hazard. Work Health and Safety WHS regulations in every state name unresolved conflict and incivility as psychosocial hazards, so ignoring a known pattern can breach a prevention duty.
- Volunteer-only groups may sit outside the Fair Work bullying laws. The Fair Work Commission can only make a stop-bullying order for a “worker” of a covered business. Associations with no employees are generally outside it. Your own policies still apply.
- Complaints can’t be punished. Treating someone badly because they complained can be victimisation, which is unlawful in its own right.
For a deeper dive, read Mediation Institute’s article Bullying, harassment or reasonable management action? Telling them apart at work.
This is general information, not legal advice. Your sport’s or peak body’s member protection policy may use broader definitions than the law — follow those too.
Working in committee
A committee member of an incorporated association has legal duties broadly equivalent to a company director’s. Much committee conflict comes from people not knowing those duties, or from blurred roles.
Your legal duties
Under Victoria’s Associations Incorporation Reform Act 2012 (other states have similar laws), each committee member must:
| Duty | In plain English |
|---|---|
| Care and diligence | Read the papers, ask questions, understand the finances. “I didn’t know” is not a defence. |
| Good faith and proper purpose | Act in the best interests of the association as a whole — not your section, team or friends. |
| Don’t misuse your position | Don’t use your role to gain an advantage for yourself or anyone else. |
| Don’t misuse information | Don’t use or share what you learn in committee for personal advantage or to the association’s detriment. |
| Declare conflicts of interest | Disclose a material personal interest as soon as you’re aware of it. It’s minuted, and you leave the room for that discussion and vote. |
| Don’t trade while insolvent | Don’t let the association take on debts it can’t pay. |
| Meet reporting duties | Hold the AGM within five months of the end of the financial year and present financial statements that give a true and fair view. |
Breaches can bring civil penalties of up to $20,000, and some (such as deliberately trading while insolvent) can be criminal. Registered charities must also meet the ACNC governance standards. See Consumer Affairs Victoria’s guidance for office holders and committee members.
Eight elements of good governance
- The rules are the rulebook. Your constitution sets out who decides what, how meetings run and how disputes are handled. Every committee member should read it.
- Govern, don’t manage. The committee sets direction, policy and budgets and checks results. It doesn’t do or redo the work of volunteers, coaches or staff — “noses in, fingers out”.
- Know your role. The president chairs and leads, the secretary keeps records and correspondence, the treasurer oversees the money. Everyone shares responsibility for the whole.
- Collective responsibility. Debate openly in the meeting. Once a decision is made, everyone supports it publicly.
- Confidentiality. What’s discussed in committee stays there unless the committee decides to share it.
- Good meetings. Agenda and papers sent ahead, conflicts declared at the start, quorum checked, decisions and actions minuted with who and by when.
- Play the ball, not the person. Challenge ideas, not people. Raise concerns about a fellow member with them, or the chair, first — not in the car park or the group chat.
- Plan for the future. Induct new members, keep handover notes and share the load so the group doesn’t depend on one or two people.
When it’s not a do-it-yourself job
Our conflict tips are for everyday friction. Stop and follow your organisation’s complaints or grievance policy and don’t try to sort it out informally, when a matter involves:
- the safety or wellbeing of a child or young person
- harassment, bullying, discrimination or abuse
- threats, violence or anyone feeling unsafe
- a formal complaint, or a breach of the code of conduct
- a conflict that has dragged on, split the group into camps, or that you’re now part of.
Talk to your member protection officer, complaints officer, committee or peak body.
How ICDRS can help
The Interact Community Dispute Resolution Service (ICDRS) is a not-for-profit service of Interact Support Inc. Our AMDRAS accredited mediators work with clubs, associations and community groups through:
- Mediation — a structured, confidential conversation to resolve a dispute between members, committee members or between a member and the committee.
- Conflict coaching — one-on-one support to prepare for, or work through, a difficult situation.
- Facilitated conversations — for group situations, such as a committee that’s stuck.
- Conflict Management First Steps — practical training for committee members, complaint managers and member protection officers.
Services are available online, and in person by arrangement. Contact us at icdrs@interact.support or 1300 079 345.
Conflict tips series
Every second Friday we share a short, practical tip for handling conflict and working well together — from “forming, storming, norming, performing” to “BIFF responses” for hostile emails. Follow ICDRS on LinkedIn and Facebook, or check our News and Updates page.