Consultation on possible changes to the Associations Incorporation Act 1981 and the Associations Incorporation Regulation 1999 |
The Associations Incorporation Act 1981 provides a framework for:
- determining which organisations are eligible to incorporate and the process for incorporating
- establishing the powers of, and the rules by which, the association will operate, including the provision of a set of model rules (which can be used in part or as a whole)
- the calling and running of general meetings of the members
- the election and membership of the management committee
- the role and meetings of the management committee and its members (including the secretary)
- the rights of members and access to the Supreme Court where there are internal disputes.
The Associations Incorporation Regulation 1999 prescribes matters in relation to record-keeping and accounting requirements, and contains a set of model rules which associations may adopt as their own on becoming incorporated.
Under the Statutory Instruments Act 1992, subordinate legislation (such as regulations made under an Act) will expire ten years after they are made to ensure such instruments remain relevant to the economic, social and general wellbeing of the people of Queensland. The Regulation has been in force for ten years, and it is appropriate for it to be reviewed to ensure it remains relevant and continues to meet the objectives of the Act.
The department has prepared a consultation paper which outlines some important issues affecting associations, and discusses ways in which these issues may be resolved.
Given the Act was reviewed relatively recently, the paper primarily focuses on the Regulations and seeks to identify ways to enhance the model rules prescribed under the Regulation. The model rules assist associations in their internal governance, clarify how requirements under the Act may be met, and enhance transparency in their operation. The paper also discusses a number of issues relevant to the Act itself.
Associations and the community are asked to comment on the options discussed in the paper. None of the options in the consultation paper represent government policy.
Possible changes to the Associations Incorporation Act 1981 include:
- whether the existing disqualification on people with certain criminal convictions from being elected to the management committee of an association should be changed to bring Queensland in line with a five year period of exclusion in some other jurisdictions
- whether a voluntary administrator should be able to be appointed to assist associations overcome periods of serious financial difficulty
- whether changes are needed about disclosure of remuneration of committee members
- whether changes are needed about disclosure of pecuniary interests or conflicts of interest of management committee members.
Options for amendments to the Associations Incorporation Regulation 1999 include:
- providing for a simple and inexpensive process to deal with disputes. Such a process could require those associations which do not adopt the model rules to develop their own dispute resolution process. There would be a complementary amendment to the Act, to require an association to exhaust this new dispute resolution process before invoking the existing avenue of going to the Supreme Court.
- whether all secretaries of an association should be at least 18 years. There would also be a complementary amendment to the Act in relation to this.
- whether cheques should be able to be signed by any two members as nominated by the management committee or by extending the signatories to include employees of an association, or allowing the management committee to nominate more than three members to be signatories.
- whether payments which must be made by cheque or electronic funds transfer should be increased from $100 to $500. The Regulation would be amended to enable payments of $500 or less to be made from a petty cash account.
- whether the restriction that incorporated associations must keep an account in Queensland with a financial institution should be removed.
The Queensland Government is seeking public input on any subject in the consultation paper. You are encouraged to respond to the specific questions posed in each section highlighted in blue. You are also welcome to raise any issues which you consider are relevant to the review.
Consultation closed on 4 May 2011.
Last reviewed 03/06/2011 |
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