Starting an association

If you incorporate your association, certain information may be made public including:

• the association's name and registration number
• the address of the main place of business
• the rules
• the name of the public officer.

You can apply for incorporation if your association has been set up for one of the following reasons.

• A religious, educational, charitable or benevolent purpose.
• Promoting or encouraging literature, science or the arts.
• Providing medical treatment or attention, or promoting the interests of people who suffer from a particular physical, mental or intellectual disability.
• Sport, recreation or amusement.
• Establishing , carrying on, or improving a community centre, or promoting the interests of a local community or a particular section of a local community.
• Conserving resources or preserving any part of the environmental, historical or cultural heritage of South Australia
• Promoting the interests of students or staff of an educational institution.
• Political purposes.
• Administering any scheme or fund for the payment of superannuation or retiring benefits to the members of any organisation or the employees of any body corporate, firm or person (but only if approved by the Minister).
• Promoting the common interests of persons who are engaged in, or interested in, a particular business, trade or industry.

An association is not eligible to be incorporated without approval from the commission if one of its main objectives is:

• to secure a monetary profit for the members of the association
• to engage in trade or commerce.

If you want to set up an incorporation for any other purpose, contact associations@sa.gov.au.

Whenever the name of the association is mentioned in the rules, it must have the word 'Incorporated' at the end.

The commission can't incorporate an association if the name:

• doesn't include 'Incorporated' at the end
• is misleading
• is likely to be confused with the name of another body corporate or registered business name
• is undesirable or offensive
• doesn't conform with any direction of the Minister relating to names of incorporated associations.

Check if an association is incorporated

You should search the Australian Securities and Investments Commission (ASIC) Business Name Register before you apply to make sure the name you want is available.

Search company and other registers

Reserving a name

You can apply to CBS to reserve a name for a proposed incorporated association.

Fee: $169.00

Reserve the name of a proposed incorporated association

Roles in an incorporated association usually include:

• public officer - primary contact for association
• chair - presides at association and committee meetings
• secretary - responsible for all correspondence
• treasurer - responsible for income and financial records
• committee members - responsible for managing the affairs of the association according to its rules and the law
• association officers - anyone involved with the association.

Public officers

Incorporated associations must have a public officer. This person signs most of the forms and documents and should understand what is needed under the Associations Incorporation Act 1985.

The public officer must be:

• 18 years or older
• a permanent resident of South Australia.

You must notify CBS within one month if a new public officer is nominated or if the existing officer changes their address.

Notify CBS of public officer's details

Association officers

An officer of a prescribed association must always act with care and diligence in their duties.

They cannot use their position or information gathered in that position to gain benefits for themselves or anyone else.

An officer of an incorporated association must not intentionally deceive or defraud:

• the association or committee members
• creditors of the association
• creditors of any other person.

You don't have to operate entirely within South Australia, but the association's public officer must be a permanent South Australian resident.

If you want to open an office or carry out some activities outside of South Australia, you may also need to register as a Registrable Australian Body. The Australian Securities and Investment Commission (ASIC) outlines these requirements.

If most or all of the association's operations are outside the state, incorporation as a South Australian association may not be appropriate.

The Corporate Affairs Commission can decide not to incorporate an association if:

• it would be more appropriate for the association's activities to be carried out by a body corporate instead
• it's not in the public interest (with the Minister's consent).

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.