Rules for associations
Your association must have a written set of rules (or constitution) to govern how it runs. The rules take effect as soon as your association is incorporated.
The rules must set out:
- how the association operates
- the rights available to members
- how the management committee works
- how meetings will run.
The association and your members must follow the association's rules and the Associations Incorporation Act 1981 (the Act). You must follow the Act in any situations where the rules don't comply with the Act.
Setting up the rules
You can choose to either use the model rules or write your own. The model rules are a standard set of rules that your association can choose to adopt. Make sure to read through the model rules before deciding whether to use them.
Once you've chosen your rules, your association must adopt them and pass other special resolutions. You'll register your rules when you apply to the Office of Fair Trading (OFT) to become an incorporated association.
Learn more about setting up your association.
Once the association is incorporated, the rules registered with OFT are the rules that your association needs to follow.
The model rules might be suitable for your association. These rules:
- suit the needs of most associations
- include everything your rules are legally required to include.
If you use the model rules, you must adopt them entirely.
When adopting the model rules, you need to fill in certain sections of the rules. These are:
- the association’s name (before and after you incorporate)
- the association's objects
- the end date of your association’s financial year
- the classes and any conditions or limitations of membership.
These details are shown in the model rules in italics. If you change anything else, the rules you're adopting are no longer the model rules.
Download the:
If your association doesn't adopt the model rules, you can write your own rules. These rules must include the matters required under the Associations Incorporation Regulation 1999, including:
- the association's registered name
- the association's objects
- the end date of your association's financial year
- the classes and any conditions or limitations of membership
- other details about membership, including fees, termination and appeals
- the positions on the management committee and how they're elected
- details about how meetings are called and held
- a grievance procedure for dealing with disputes.
The full list of everything you need to include in the rules is in:
- Appendix A of the application to incorporate as an association (Form 1)
- Appendix B of the application to register an amendment of rules (Form 8).
It's a good idea to use the model rules as a starting point when drafting your rules. The model rules apply to any situations that your rules don't cover, unless your rules specifically exclude the model rules in that situation.
For example, the model rules allow proxy voting. To exclude proxy voting, your rules must clearly state that members can't vote in this way.
Alternatively, you can make a rule to exclude the model rules entirely. The rule should say this:
- ‘Section 47(1) of the Associations Incorporation Act 1981 does not apply.'
The grievance procedure in the model rules will apply if you don't include a grievance procedure that complies with the Act. This applies even if you exclude the model rules. Learn more about creating a compliant grievance procedure.
Exemptions for charitable institutions
If your association is going to apply to register as a charitable institution to receive tax exemptions, your rules must comply with Part 11A of the Taxation Administration Act 2001, regulated by Queensland Revenue Office.
These exemptions may include:
- transfer duty
- insurance duty
- vehicle registration duty
- land tax
- payroll tax.
To be eligible for registration as a charitable institution, you’ll need to include certain clauses in your association's rules. See the supporting evidence you need to include.
Accessing the rules
Any member of an association should be able to access a copy of the rules. They can do this by:
- asking the association’s secretary
- contacting us and asking for a copy of an association’s rules (fees apply).
The secretary must provide a copy of the rules if asked. They may ask the member to cover any reasonable costs—for example, photocopying fees.
Changing the rules
Your association can change their rules at any time by:
- adopting the current version of the model rules
- adopting or changing your own rules.
To do this, you must pass a special resolution at a general meeting. Within 3 months of passing the resolution, the secretary must register the new rules with OFT and pay the required fee.
The new rules only apply once they've been approved by OFT.
How to apply
Apply online to register a change to your association's rules.
Otherwise, you can fill out the application to amend rules (Form 8) and lodge it by email, in person or by post.
If your association is using its own rules, not the model rules, you must include:
- a complete copy of the amended rules
- a statutory declaration completed by the secretary.
How to lodge offline forms
By email: Registration.Services@justice.qld.gov.au
Note: we don't accept credit/debit card details by email. Your email will be deleted immediately and your application will not be processed.
In person: visit one of our locations
By post:
Registration Services Unit
Office of Fair Trading
GPO Box 3111
BRISBANE QLD 4001
More information
- Read the Smart business guide for incorporated associations.
- Learn more about how to set up an association.