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.
Setting up the rules
You can choose to either use the model rules or write your own rules. 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.
- are appropriate to the needs of most associations
- will help you to comply with government regulations.
If you use the model rules, you must adopt them entirely. There are certain sections of the rules that you need to fill in. These are:
- your association’s name (before and after you incorporate)
- its objectives
- the end date of your association’s financial year
- the classes of membership.
These details are shown in the model rules in italics. If you change anything else, the rules you are adopting are no longer the model rules.
To use the model rules, you must fill in Appendix B on the application form.
Associations can elect to write their own rules. You can do this if your association’s needs differ from the model rules. You must complete Appendix A of the application form if you’re writing your own rules.
If you choose to write your association’s own rules, these rules must include:
- your association’s name and objectives
- details about membership, including fees and termination
- provisions about taking the minutes of meetings
- details of how your association’s finances will be managed
- provisions for changing the rules
- the different types of meetings.
The model rules automatically apply to any situations that your rules do not cover. If you want to exclude a provision in the model rules, you must outline the exclusion in your rules. For example, the model rules allow proxy voting. To exclude proxy voting, your rules must clearly state that members may not vote in this way.
Alternatively, you can make a rule to exclude the model rules entirely. This rule should say the following: ‘The provision at section 47(1) of the Associations Incorporation Act 1981 does not apply.’
Accessing the rules
- asking the association’s secretary
- contacting us and asking for a copy of an association’s rules (there is a fee of $3.60 per page).
The secretary must provide a copy of the rules. They may ask the member to cover any reasonable costs (such as photocopying fees).
Changing the rules
- register any changes to its rules
- adopt the latest version of the model rules.
- complete and lodge a rule amendment form
- pay the $21.35 fee.