Associations Incorporations Act 2015

The Associations Incorporation Act 2015 commenced 1 July 2016.

Associations must review and update their rules as well as introducing a number of changes regarding:

  • financial reporting
  • governance
  • privacy
  • the rules
  • becoming incorporated
  • membership of incorporated associations

https://www.commerce.wa.gov.au/consumer-protection/associations-new-law

  1. What you will need to do
  • Enrol and update.
  • Please check and update your association’s contact information via the AssociationsOnline portal.  You will need to complete the enrolment process even if you had access to the old system.
  • Review and update rules: You will need to review and update your associations rules to be in line with the new law.  Associations must include information in the rules about 19 matters known as the Schedule 1 requirements.
  • Associations will have three years from 1 July 2016 to ensure their rules comply with the new law.
  • Model Rules: You can use the new model rules  or you can still choose to use your own rules as long as they comply with the new law.
  • Keeping up to date with the associations law: By using AssociationsOnline and updating your contact information you will be kept up to date on any relevant news. Non-incorporated groups, individuals and stakeholders can be alerted about the new law by subscribing to the AssociationsInfo newsletter.
  1. A checklist has been developed to assist Clubs.

https://www.commerce.wa.gov.au/sites/default/files/atoms/files/assocruleschecklist.pdf

  1. Model Rules: The model rules are a standard set of rules that have been developed for use by associations who do not wish to develop their own rules. These rules meet all the requirements of the Act and provide a suitable governance framework for an incorporated association.

https://www.commerce.wa.gov.au/consumer-protection/model-rules

  1. A number of resources were made to help Associations adjust to the new law including Transition Packs.

The packs will provide an overview of the changes to be introduced under the Associations Incorporation Act 2015, answers some frequently asked questions and explains what associations will be required to do when the time comes to transition over to the new law.

https://www.commerce.wa.gov.au/consumer-protection/associations-transition-resources

  1. Associations and clubs are required to submit an information statement to Consumer Protection every year. This statement confirms the association is still active, eligible to be incorporated and has held its Annual General Meeting.

Information statements must be lodged within six (6) months after the end of an association’s financial year. Associations and clubs can choose their own financial year so the due date for submitting the statement may differ between groups.

https://www.commerce.wa.gov.au/consumer-protection/associations-information-statement

  1. The following video link is of one of the presentations held prior to the commencement of the law and covers:
  • Effect of new laws on existing incorporated associations
  • Overview of changes
  • Prescribed Model Rules
  • Transitional requirements

https://www.commerce.wa.gov.au/consumer-protection/video-new-associations-law-presentations

You can also view or download the presentation slides and presentation transcript.