There are a number of books available that describe good management and administrative practices and explain procedures for the proper conduct of meetings. These subjects cannot be covered here in any detail. However based on enquiries received by this office the following matters are brought to your notice:
- Associations are intended to be administered in a democratic manner, and the rights of members should be preserved at all times in accordance with the constitution rules of the association and in the spirit of natural justice.
- Sometimes the rules of an association will contain a specific rules enabling the committee to interpret the meaning of the rules and other matters relating to the affairs of the association on which the rules are silent. In interpreting the meaning of a rule, the committee might wish to have regard to whether it is desirable to consider the “matter in question” in the context of the association's overall rules. If the rules are silent and the matter in question is not dealt with in the rules it may be unreasonable for the committee to seek to import something into the rules that is clearly not there. The committee may wish to seek legal advice. Obviously this is more important when the matter in question may prove prejudicial to the interests of a member or group of members. Where the rules are clearly deficient this might best be addressed by seeking members' approval to change the rules in general meeting.
- Meetings should be conducted in a manner that ensures all members present are able to speak to and vote on a motion, and that they are not prevented from expressing their points of view whether in favour of or against a proposal.
- Adequate minutes of meetings of the committee and meetings of the members of the association must be prepared. Once adopted by the participants (the committee or members of the association, as the case may be) and signed by the Chairperson, the minutes must not later be destroyed or altered because they form a historical record of the association's activities.
- The Chairperson signs the minutes on behalf of the relevant participants (the committee or the members of the association) and as a result of them having adopted the minutes as a sufficiently accurate record of proceedings. The Chairperson should avoid establishing any general practice of signing the minutes in private. Often he or she will be able to sign them at the meeting when they are adopted. If changes need to be made to the draft minutes it is preferable if the Chairperson initials the changes before signing the minutes.
- The affairs of an incorporated association should not be conducted as if it were a “secret society”, with the flow of information to members being unduly or unnecessarily restricted.
- Where a dispute arises between members or between the association/committee and a member or members, the parties to the dispute may consider meeting to resolve the dispute, or if it is unable to be resolved at a meeting, the parties may choose to meet and discuss the dispute before an independent third person agreed to by the parties. It is not the role of Consumer and Business Services to mediate or advise on disputes. Section 61 of the Act gives rights to members or former members to seek orders from the Supreme Court or the Magistrates Court in cases of oppressive or unreasonable acts.
