An association's committee (sometimes called the management committee or board) is responsible for managing the affairs of the association according to its rules and the law.
Everybody on the committee must carry out their functions with due care and diligence.
There's no legal requirement about the minimum or maximum number of members in an incorporated association.
Disclosing interests
All committee members must disclose any conflicts of interest.
Members must not use their position or information gained as a committee member to act dishonestly or benefit themselves.
Where a member has a direct or indirect monetary interest in a contract, they must disclose the nature and extent of the conflict:
- to the committee as soon as they become aware of it
- at the next annual general meeting (where an AGM is required).
The member must not take part in any decision related to that contract. They can still take part in any deliberations leading to a decision.
Circumstances where disclosing is not necessary
There are some circumstances where a committee member does not need to disclose an interest.
People who cannot be committee members
There are required standards for committee members of incorporated associations.
There are a number of offences that require permission from CBS to be a member of a committee.
Applying to be committee member
Members and liability
As a legal entity, an association is responsible for its actions. This means that claims made against an association (eg debts or legal proceedings) are the responsibility of the association.
A member of an association is not liable to contribute towards the payment of debts and liabilities, or costs, charges and expenses of winding up the association. However, members may be liable for paying debts incurred by the association before its incorporation.
Membership of an incorporated association does not give a member any right, title or interest in any real or personal property of the association, unless prescribed in the rules.
Contact CBS Associations and Cooperatives
Email: associations@sa.gov.au
Phone: 131 882
Post:
GPO Box 1719
Adelaide SA 5001
You can also book an appointment with the Associations Team for further assistance.
