Incorporated Associations Self Check

Information status

All documents issued prior to 1 July 2017 were issued by the former Department of Commerce. Documents listed here are the latest versions available, but may be subject to review. For more information on this document, please contact online@dmirs.wa.gov.au.

This publication is for: 
Not for profit
Complying with the Associations Incorporation Act 2015 – Self-check
Discuss as a Committee how your association rates in complying with the Associations Incorporation Act 2015.
 

Annual general meeting (AGM)

An AGM must be held every year within six months after the end of the association’s financial year.
A request for additional time to hold the AGM can be made to Consumer Protection and must be received before the expiry of the six month period. Applications can be submitted through AssociationsOnline.
For more information about AGMs check out the Meetings chapter of the INC Guide. 
 
Annual General Meeting
Requirement of the Act Section of the Act Do we comply? Comments / Actions needed
The association’s financial year ends:  
AGM held within 6 months of the end of financial year 50 Yes / No  
Application for an extension of time submitted if the meeting needs to be held later 50 Yes / No  
A notice regarding the AGM has been sent to all members   Yes / No  
Quorum present at the AGM   Yes / No  
 

Conflicts of interest

Committee members are required to disclose any material personal interests they have in matters being considered at meetings of the Association’s committee.
For more information about the responsibilities of the committee check out the Management Committee chapter of the INC Guide.
 
Conflicts of interest
Requirement of the Act Section of the Act Do we comply? Comments / Actions needed
Committee member to declare any material personal interest 42 Yes / No  
Record the interest in the minutes. 42 Yes / No  
Committee member to leave the meeting while the matter is discussed and voted on. 42 Yes / No  
Committee member to disclose their interest to the members at the next general meeting.   Yes / No  
 

Rules of association

If you need a copy of the rules an application can be made through AssociationsOnline.
 
Rules of association
Requirement of the Act Section of the Act Do we comply? Comments / Actions needed
The association keeps an up to date copy of its rules 35 Yes / No  
The rules include all of the matters required by Schedule 1 of the Act. 28 Yes / No  
If no, please remember at the end of the transition period the relevant clauses in the Model Rules relating to any missing Schedule 1 matter will apply until the rules are updated by the association.
Each new member of the association is provided with their own copy of the rules when they join the association. 36 Yes / No  
The rules are made available to members to inspect and copy if requested. 35 Yes / No  
A copy of the rules or any particular part is given to a member, free of charge, if requested. 36 Yes / No  
 

Register of members 

Must include the name of each member and a residential, postal or email address.
Members of the association are permitted to inspect and copy the register of members upon request.
The information obtained from the register of members can only be used for a purpose that is directly connected with the affairs of the association.
An association’s rules may require the member to sign a statutory declaration prior to the register of members being made available.
For more information check out the Record Keeping chapter of the INC Guide. 
 
Register of members
Requirement of the Act Section of the Act Do we comply? Comments / Actions needed
The association keeps a Register of Members. 53 Yes / No  
The Register of Members is updated to include any changes in membership within 28 days of the change occurring. 53 Yes / No  
The Register of Members is made available to members to inspect and copy if requested. 54 Yes / No  
If applicable, the association obtains the Statutory Declaration required by the rules before granting access to the Register of Members. 54 Yes / No  
A copy of the Register of Members is provided to a member if requested. 56 Yes / No  
 

Other record keeping requirements

Record of office holders

Record must include the name and address (residential, postal, business or email) for each member of the committee of management.

Certificate of Incorporation

If you need a replacement certificate an application can be submitted through AssociationsOnline.

Inspection of records

Members of the association are permitted to inspect and copy the record of office holders.
For more information check out the Record Keeping chapter of the INC Guide.
 
Other record keeping requirements
Requirement of the Act Section of the Act Do we comply? Comments / Actions needed
The association keeps an up to date Record of Office Holders. 58 Yes / No  
The Record of Office Holders is made available to members to inspect and copy if requested. 58 Yes / No  
All records belonging to the association in the possession of an outgoing committee member are returned to the association as soon as practicable after their appointment ceases. 41 Yes / No  
Details of any changes to the association’s address lodged with Consumer Protection within 28 days of the change occurring. 175 Yes / No  
Association keeps a copy of its Certificate of Incorporation.   Yes / No  
 

Amending the rules (constitution)

Special resolution

Resolution passed by 75% of members who vote at a general meeting that has been properly convened under the rules.

Lodging changes

The amended rules must be lodged with Consumer Protection for the changes to have legal effect. Notice of the Special Resolution can be submitted through AssociationsOnline.
For more information check out the Altering the Rules chapter of the INC Guide. 
 
Amending the rules
Requirement of the Act Section of the Act Do we comply? Comments / Actions needed
Written notice specifying the proposed special resolution(s) to alter the rules and detailing the time and place of the general meeting given in accordance with the rules. 51 Yes / No  
Notice sent to all members. 51 Yes / No  
Proposed special resolution(s) passed by 75% majority of members who are eligible to vote at general meeting. 51 Yes / No  
Amendments to the rules lodged with Consumer Protection within one month. 30 Yes / No  
 

Accounting records and reporting 

Associations must keep financial accounts that record and explain their transactions, position and performance.
Annual accounts must be presented to members at each AGM.
The financial reporting requirements of an association will depend on what Tier it falls into. For more information about the requirements of each tier please refer to Transition Pack 1.
For more information about keeping your financial records check out the Accounts and Auditing chapter of the INC Guide.
 
 
Accounting records and reporting
Requirement of the Act Section of the Act Do we comply? Comments / Actions needed
Know what reporting Tier the association belongs to.   Yes / No  
Accurate accounting records kept. 66 Yes / No  
Annual accounts prepared in accordance with the requirements of association’s Tier. 68, 71, 74 Yes / No  
Annual accounts presented to the members at the AGM. 70, 73, 76 Yes / No  
For Tier 2s – The annual accounts have been reviewed. 72 Yes / No  
For Tier 3s – The annual accounts have been audited. 75 Yes / No  
All financial records are to be kept for at least 7 years. 67 Yes / No  
 
 
Consumer Protection
Checklist
Last updated 13 Jul 2016

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