The model rules
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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.
If your association chooses to use the model rules the only details you need to provide are:
- the name of the association;
- the objects of the association;
- the quorums for general meetings and committee meetings; and
- the association’s financial year.
It is not compulsory for an association to use the model rules. If you association decides to develop its own rules you may still wish to use the model rules as a guide. An association preparing its own rules should also refer to the rules checklist.
Remember that if your association makes a change the model rules (other than the items above), no matter how minor, the association is then considered to be using its own rules.
Features of the model rules
- Flexible classes of membership.
- Committee of at least 5 members (4 office bearers & at least 1 ordinary member).
- Technology may be used at meetings where a member is unable to attend in person.
- Subcommittees can be created where need arises.
- By-laws can be made.
- Discretion for the committee to request that a member complete a statutory declaration before a copy of member register is provided.
About the guidance notes
The model rules document also includes summary information about the obligations under the Act and other explanatory material. These summaries are presented in grey boxes as “Guidance Notes” and “Act Requirements” and are intended to help associations.
This information does not form part of the model rules as prescribed in the regulations and so the grey boxes can be removed by an association if it wishes; however it is recommended that all associations keep the information on the first page about the name, objects, quorums and financial year as this provides a record of what has been lodged with Consumer Protection.
How to adopt the model rules
The members of the association must pass a special resolution at a general meeting agreeing to adopt the model rules. Go to the Altering the rules section of the INC Guide for detailed information about passing a special resolution.
Once the special resolution has been passed an association should lodge notice of the change of rules with Consumer Protection within 28 days. It is not necessary to submit a copy of the model rules as part of this application and the form can be submitted using AssociationsOnline.
Schedule 1 and the model rules
All incorporated associations are required to provide for 19 Schedule 1 items in the rules. A publication Schedule 1 and the model rules shows a table describing where each of the Schedule 1 matters has been provided for in the model rules.
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