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An incorporated association’s rules should be clear and help the association be inclusive, fair and open with its members. The rules bind all members.
The rules must include information about:
- the name of the association and set out its objectives
- membership (where the association has members)
- powers, duties and committee appointments
- appointing an auditor (if the association is a prescribed association)
- the calling and procedures for general meetings
- who has management and control of the funds and other property of the association
- the powers of the association and how they may be exercised and by whom
- how the rules of the association may be altered.
Consumer and Business Services (CBS) highly recommends including the following information in the rules:
- appointing a public officer
- how disputes are resolved and how that process observes the rules of natural justice
- how the association may be wound up
- how any surplus assets are distributed upon winding up.
The rules must not contain any provision that is inconsistent or contrary to the Associations Incorporation Act 1985.
Types of incorporated associations
- a prescribed association - an association that had gross receipts in the previous financial year that exceeded $500,000
- all other associations - an association with gross receipts in the previous financial year that do not exceed $500,000.
Gross receipts
Gross receipts means the total amount of receipts of the association (including any grant or subsidy received by the state of Australian Government).
Gross receipts do not include:
- membership fees or subscriptions
- a bequest
- the sale of the association's assets that were not originally purchased by the association for the purpose of resale.
Changing the rules
You should first check the rules of the association to see how they can be altered. If there is no information about this in the rules, a special resolution can make the change.
If you want to change the name of the association, it must not violate the restricted and undesirable names direction (PDF 171KB).
Changing the rules of an association
An incorporated association can ask Consumer and Business Services (CBS) to conduct a pre-assessment of its proposed rule changes, by submitting the required information for response.
For guidance see an example of compliant rules (DOCX 156KB).
To make sure your rules meet requirements of the Act, you can also use the checklist for incorporated associations (PDF 195 KB).
Once the rules are changed, the association will receive a sealed copy of the constitution.
Accessing registered rules
Anybody can request the rules of an association. There are associated costs.
Accessing the records of an association
Multi-use sporting facilities
Clubs operating or considering multi-use sporting facilities can go to to the Clubs SA website, select the Club Governance tab and download Clubs SA constitution template - multi club association. The kit has been developed by Clubs SA in consultation with Consumer and Business Services.
More resources are available on the Clubs SA website.
Contact CBS Associations and Cooperatives
Phone
131 882 - option 7
Book an appointment
You can book an appointment with the Associations Team for further assistance.
