Members' rights and responsibilities
Members' rights
The rules of an incorporated association as agreed by members set out the purposes of the
association, referred to as “objects” in the Act, and the basis on which the association is to be run. In some circumstances members (and others) may be able to take civil action against committee members or the association if it fails to comply with its rules.
The Act sets out some other important rights for members. Members cannot give up these rights
simply by agreeing to association rules which are inconsistent with them. These rights include:
- the right to inspect and copy the association’s register of members;
- the right to inspect and copy the association’s list of office bearers;
- the right to inspect and copy the association’s rules;
- the right to attend the annual general meeting;
- the right to have financial accounts showing the financial position of the association
submitted to them at the annual general meeting; - the right to have proper notice of, and to attend, any general meeting at which it is proposed
to alter the association’s rules; - the right to have proper notice of, and to attend, any general meeting at which it is proposed
to wind up the association; and - the right not to have anyone:
- lodge a document with the department under the Act; or
- submit a document at a meeting of members,
when that person knows the document to be false or misleading on a significant matter.
Members' responsibilities
The specific responsibilities that apply to committee members are outlined on The committee page. All members, including committee members, also have significant additional responsibilities.
Generally, on applying for membership, members agree to be bound by the rules of the association and therefore have a responsibility to do so, unless those rules are inconsistent with the Act or some other legal obligation.
All members also are responsible to ensure that only accurate documents are lodged with this department under the Act or presented to meetings of members. Failure to comply with this responsibility can result in criminal prosecution and is subject to a maximum fine of $500. This
provision emphasises the importance which was placed by Parliament on members having accurate information to enable them to make decisions about their association.
Another very important responsibility that rests on all members arises from the nature of
incorporated associations. Because associations traditionally have been regarded as essentially
community-based organisations these are largely independent of government intervention.
Therefore members in particular have a crucial role in ensuring that their association conducts
itself in a way that is acceptable to them.
This department can only intervene in the limited circumstances allowed under the Act, and in many circumstances it is only the members who have power to correct an association if it fails to comply with its rules or to conduct itself in a proper manner. If members fail to be active in ensuring that their association is run in a fair, democratic and financially accountable manner, they may end up with an association which they no longer wish to be associated with, or may themselves be subjected to undemocratic or unfair treatment. Refer to Complaints about an association for more information on this topic.
To assist members in fulfilling this responsibility to their association, the Act provides that members are entitled to access the register of members so they can contact each other. This results in another important member responsibility: to provide their name and residential or postal address to the association so that the information can be made available to other members. (See also the reference to the register of members under Record keeping and related items.)