08 Aug 2016

Incorporated Association – New Rules!

Are you involved in an Incorporated Association? Do you know about the new rules affecting Incorporated Associations introduced this year?

 Very recent changes have been introduced by the new Associations Incorporation Act 2015.  If you are involved in controlling the affairs of any incorporated association (which often includes sporting clubs and other not for profit organisations) you may need to check that your organisation from 1 July 2016 meets special requirements such as ensuring that:

 

  • Contact information is up to date.
  • The association’s rules to comply with the new laws or adopt the new model rules.
  • The new financial reporting and accountability requirements are met:
  • All committee members satisfy new formalised obligations which include; duty of care and diligence, duty to act in the best interests of the association and for a proper purpose, and the duty not to misuse their position or information.
  • There are no committee members who:
    1. are an undischarged bankrupt or whose affairs are under insolvency law;
    2. have been convicted of an offence involving fraud or dishonesty punishable by 3 months or more imprisonment; and
    3. have been convicted of an offence involving the promotion, formulation or management of a body corporate.
  • An internal dispute resolution process is included in the rules.

The Act has also introduced some improvements dealing with:

  • Decision Regulatory Impact Assessment and Compliance Assessment Notices.
  • Winding up of associations using a liquidator or a cancellation of incorporation without a liquidator.
  • Amalgamation of two or more incorporated associations into one new incorporated association.
  • Improvement of the privacy protections afforded to association members.

For a fixed fee, HKT Legal can help incorporated associations understand the new laws and ensure that they comply with these new rules. If you require advice or would like assistance in meeting these new requirements please telephone us at (08) 9325 5700 or email us at info@hktlegal.com.au.

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