Membership of the committee
Committees are ideally made up of people with a range of skills, qualifications, knowledge and experience that can add to its overall strength. Committees may also include people who represent particular interests such as social services, consumers, Aboriginals, disabled etc.
The rules of the association will determine what qualifications a committee member must have, and whether a member of the committee must be a member of the association.
Under the Act a person is excluded from being on the committee without special approval from the Commissioner for Consumer Protection if they:
- are bankrupt or their affairs are managed under insolvency laws;
- have been convicted of:
- an indictable offence in relation to the formation or management of a body corporate in the last five years;
- an offence involving fraud or dishonesty punishable by at least three months imprisonment in the last five years;
- an offence under section 127 of the Act, where a person has allowed an association to operate while insolvent in the last five years; or
- an offence under Division 3 of the Act which sets out the duties of officers and committee members.
An excluded person wanting to be on a committee must first apply for approval from the Commissioner for Consumer Protection.
It is the individual’s responsibility to ensure they are eligible before nominating for a position and the association should take steps to ensure prospective committee members are aware of the exclusions. For example, add a tick box to nomination forms requiring candidates to confirm that they are not an undischarged bankrupt and do not have one of the specified convictions. Some associations require incoming committee members to provide police clearance certificates.