Complaints about incorporated associations

You can lodge a complaint against an association if you believe they are not following their rules or the Associations Incorporation Act 1985 (SA).

After submitting a complaint

Your complaint will be assigned to an assessment officer for review.

The assessment officer will contact you initially within 10 business days.

More complex complaints may require additional time for thorough assessment. You will be provided with updates as they are available.

By law members of incorporated associations can:

• inspect minutes of general meetings free of charge
• apply for a court order to inspect the association’s books
• apply for a copy of the rules or financial report (if the association is prescribed)
• apply for a court order if the association has, or proposes to, engage in oppressive or unreasonable conduct - former members can also apply (Consumer and Business Services cannot assist in completing this application)
• view annual financial reports of an association registered with the Australian Charities and Not-for-profits Commission (ACNC) on the ACNC website.

CBS can investigate or take action about complaints of breaching the Associations Incorporation Act 1985 (SA).

Not only committee members can be liable for breaches of the Act. An officer of an association also includes someone who takes part in the management of the association that hasn’t been validly appointed to that position.

The duties of officers are similar to company directors’ duties. Maximum penalties of $20,000 or four years imprisonment apply for:

• deceiving or defrauding the association, members or creditors
• improperly using information to advantage themselves or another, or harm the association
• improperly using their position for the benefit of themselves or another.

It is also an offence for:

• a committee (of a prescribed association) to not take all reasonable steps to present audited accounts and auditor’s report to members at the annual general meeting
• a committee member to not disclose their interest in a contract, or proposed contract, with the association
• a committee member to vote on a contract that they have a pecuniary interest in.

The rules of an incorporated association apply to all of its members and must be followed.

If an association is unable to comply with its rules, it can apply to CBS for an exemption.

Associations are self-governing organisations. While CBS has limited powers to intervene when an association is not following its rules, it can issue directions for compliance with the rules or the Act. It can also take steps to wind up the association if it fails to comply with the directions given.

CBS assesses all complaints received to decide they need to investigate. We may prioritise complaints relating to:

• compliance with the requirements of the Act
• associations that provide essential services to a community
• an association with a large impact on the ongoing viability of an industry
• vulnerable members of an association
• associations in receipt of grant funding.

CBS can't review or investigate complaints outside its jurisdiction in administering the Act.

Examples include:

Internal disputes

CBS can't investigate disagreements between committee members that do not breach the Act. The association should follow its dispute resolution procedure set out in the rules. If it doesn’t have one, the committee could propose amendments to the rules.

Contracts an association has with other organisations or individuals (including members)

This includes funding, tenders and purchases. Other government departments and agencies may have responsibility regarding these matters. You should contact the responsible department or agency.

Quality of services an association may provide

The type of services being provided will influence the best agency to raise a concern with. For example, how an association provides health services may prompt you to contact SA Health.

Employment contracts and unfair dismissal

Often you can raise these kinds of matters with the Fair Work Commission.

If CBS can't help with your complaint, you have a few options.

Speak to a legal representative

The Legal Services Commission – free advisory service or phone 1300 366 424

The Law Society of South Australia – to find an appropriate legal representative

Consider your rights as a member

A member or former member of an incorporated association may apply to the Supreme Court or the Magistrates Court for an order under section 61 of the Act on the ground that the association has engaged, or proposes to engage, in conduct that is oppressive or unreasonable.

Should you consider taking this action, CBS encourage you to seek independent legal advice. Information is also available on the Legal Services Commission website.

CBS cannot assist you to complete this application.

Related information

On this site

Accessing an association’s public records

On other sites

Legal Services Commission