Rules in an incorporated association
The association’s rules should be clear and help the association be inclusive, fair and open with its members. The rules must cover the association’s:
- name and purpose
- powers and responsibilities
- membership, including:
- register of members
- funds and property management
- powers, duties and committee appointments
- committee structure
- terms of office of members
- notice of proposed appointments/elections
- casual vacancies
- barring of members
The rules need to be submitted when you apply to incorporate and a copy kept for the association’s records.
Changing the rules
Association rules can be changed if committee members agree by a special resolution or by a membership vote.
If the association's rules don't cover a situation, consider:
- using the principle of the rule (within context) to guide the outcome
- seeking legal advice – especially if the outcome looks like it favours a member or subgroup over other members
- changing the rules by special resolution at a committee meeting.
At meetings, members should be able to:
- speak freely
- express concerns
- vote on motions.
Minutes need to be taken at all meetings, signed by the chairperson – in public if possible – and saved as a record of the association’s activities.
Disputes can be resolved at a meeting or through mediation with an independent third party. If the problem isn’t solved, legal action can be taken through the Supreme or Magistrates Court.
Contact CBS Associations and Cooperatives
91 Grenfell St
GPO Box 1719
Adelaide SA 5001