OCBA - Rules for your incorporated association

Rules for your incorporated association

An incorporated association must have its own set of rules that govern the day-to-day management of the association. A copy of these rules (also known as a constitution) must be lodged with Consumer and Business Services. The association's rules are available to the public for payment of a fee.

The association's rules must be accessible to all its members. Many associations as a matter of policy provide their members with a personal copy of the rules and have found that this helps with the effective management of the association

An association may either develop its own rules or seek professional assistance. Either way, there are specific matters that must be provided for in the rules. The rules must not contain any provision that is contrary to or inconsistent with the Act.

The association's rules must cover the following matters:

the name of the association
the objects or purpose of the association
the powers of the association and by whom and in what manner they are exercised
membership (if there are members) including types of:
- membership
- subscriptions
- resignations
- expulsions, and
- register of members;
who has the management and control of the funds and other property of the association
the powers, duties and manner of appointment of the committee,including the:
- composition
- terms of office of members of the committee
- notice of proposed appointments/elections to the committee
- filling of casual vacancies occurring on the committee
- proceedings of committee
- disqualification of committee members;
the calling of and procedure at general meetings, including:
- annual general meetings
- special general meetings
- notice of meetings
- proceedings at meetings
- voting at meetings
- poll at meetings
- special and ordinary resolutions
- whether members are entitled to vote by proxy;
appointment of an auditor of a ‘prescribed association'
the manner in which the rules of the association may be altered.

Once completed, the agreed version of the rules must be submitted with an application to incorporate. A copy of the rules must be kept for the association's records.

To assist associations to develop a sound and effective set of rules, Consumer and Business Services has made available an example set of rules. These rules have been developed including a checklist of requirements to assist associations to comply with their obligations under the Act.

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