Associations Incorporation Act 2015 update
Please note: the Department of Commerce is now the Department of Mines, Industry Regulation and Safety.
The new law for associations commenced on 1 July 2016. As at 31 July 2017 incorporated associations should have completed the following:
- Notify the Department of Mines, Industry Regulation and Safety (DMIRS) the association’s address – details of their current address should have been provided by 29 September 2016.
Associations can submit this information online. If you are confident that you have already provided your current address through AssociationsOnline, you will not need to resubmit it.
- Check the eligibility requirements for members to be on the committee
The Act has new requirements to ensure only suitable people are responsible for running an incorporated association. It will be important to ensure that all members of the committee are eligible under the new law to hold their positions.
- Give all new members a copy of the rules when they join the association
It is a requirement for each new member of the association to be given a copy of the rules when they join. Please note electronic copies including links or electronic communication that direct the member to a copy of the rules on the organisations website, Facebook or social media platforms is acceptable.
- Prepare accounts that comply with the requirements of the association’s financial tier
The Act includes new requirements for financial reporting by associations. It is important for all incorporated associations to identify which reporting tier they fall into and consider any changes to the way they record and report on their financial affairs.
The new financial reporting requirements apply from the first financial year of an association that commences on or after 1 July 2016. For example, an association with a financial year that runs from:
- 1 July to 30 June must comply with the requirements from 1 July 2016.
- 1 January to 31 December must comply with the new requirements from 1 January 2017.
More information about the tiered financial reporting requirements can be found in the financial reporting to members section.
- Start considering what changes to your rules will be required
The requirements of the new law mean that all associations need to amend their rules. Associations have three (3) years to update their rules to comply with the requirements of the new law. Associations need to comply by 30 June 2019.
See the rule changes section for more information about this transition process.
- Familiarise yourself with the other changes coming
There are other changes to governance practices included in the Act that associations need to address, such as new requirements around making the register of members available for inspection and managing committee member interests in decisions, however some of these matters can be addressed as and when the need arises.
All committee members will have an obligation to make themselves aware of the general requirements under the new law and there is more information about these matters in the changes impacting on management committees section.