Accreditation Breach Procedure

If a member is identified as in breach of the EDA code of ethics, the following policy applies.

  1. The party identifying a breach must notify the Chair in writing of the potential breach.
  2. The Chair must notify the member identified as in breach and advise of the review process. The member must be provided with details of the alleged breach, in writing within 14 days. The member must be invited to provide a response in writing to the Chair within 14 days.
  3. The EDA Board Governance Committee must meet within 6 weeks of the notification, to consider the allegation of breach against the code of ethics and any response provided.
  4. If the EDA Board Governance Committee reach a conclusion regarding the matter as a breach or non-breach, notice must be provided to the member and the individual who raised the matter within 14 days of the conclusion.
  5. If the Committee is unable to reach a conclusion regarding the matter, then the parties must, within 10 days, hold a meeting in the presence of a mediator.
  6. The mediator must be:
  • a person chosen by agreement between the parties; or
  • in the absence of agreement, a person appointed by the Board or the Dispute Settlement Centre Victoria.
  1. The mediator:
  • may be a member or former member;
  • must not be biased, or reasonably be perceived to be biased; and
  • must not have a personal interest in the dispute.
  1. The parties to the dispute must, in good faith, attempt to settle the dispute by mediation. The mediator, in conducting the mediation, must:
  • give the parties to the mediation process every opportunity to be heard; and
  • allow due consideration by all parties of any written statement submitted by any party; and
  • ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.
  1. The mediator must not determine the dispute.
  2. The mediation must be confidential and without prejudice.
  3. If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute otherwise in the Board or at law.

Approved by the EDA Board: Sep 3 2020