COVID-19 coronavirus - Advice for incorporated associations and clubs

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Not for profit

The Commissioner for Consumer Protection has issued the following general information to guide incorporated associations and clubs:

  • Keep up-to-date with advice issued by the Department of Health about measures to prevent the spread of COVID-19 coronavirus and respond accordingly.
  • Review the need to hold non-essential meetings at this time and consider whether the non-urgent business could be dealt with at a future date instead.
  • Where an association's rules (also referred to as a constitution) permit:
    • hold meetings by electronic means; and/or
    • limit the number of attendees present using proxy provisions to nominate people to attend and vote on their behalf.
  • Where a meeting cannot be postponed or adjourned, ensure that the meeting venue is large enough for members to attend safely following public health and social measures.
  • Ensure members are informed of any measures implemented that may impact them, including any proposed actions to delay or change the timeframes or formats of meetings.

Current legislative requirements remain in force; however, if an incorporated association cannot meet its obligations under the Associations Incorporation Act 2015 (the Act) because of the COVID-19 coronavirus, then Consumer Protection will consider these circumstances.

Consumer Protection's Statement of regulatory intent - COVID-19 sets out the regulatory approach Consumer Protection will take concerning compliance with the Act in response to COVID-19.

Extensions of time to hold Annual General Meetings (AGMs)

Incorporated associations must hold an AGM in each calendar year and within six months from its financial year ending unless the Commissioner allows a longer period.

An association may apply to extend the six-month timeframe if it finds it necessary to delay holding an AGM.

However, the Commissioner can only consider a request if the proposed AGM date complies with the requirement to hold an AGM in each calendar year.

An application seeking an extension can be made using Form 3- Application requesting further time to hold the AGM or submitted using our AssociationsOnline service.

Commonly asked questions

Are incorporated association's management committee members required to be COVID-19 vaccinated?

Generally, any person who is a member may take up a position on the management committee (or board of management) so long as they have not been convicted on certain offences in the last five years and are not bankrupt. You can find out about the Act’s eligibility requirements for committee members from our website Eligibility requirements for committee members

Each association may include other eligibility conditions, such as the person being a certain age or having particular qualifications, in its rules.

It is unlikely for the rules to set out that a person must be fully vaccinated to be eligible to hold a position on the committee.

The WA Government has issued some public health orders requiring particular employees to be vaccinated, and these orders may apply to volunteers and committee board members. Examples of industries affected include aged care.

Volunteers wanting to access a workplace that is captured by the mandatory vaccination directions and Board members regularly attending meetings at premises where vaccination is required will generally be subject to the same requirements as paid employees and must be vaccinated unless otherwise specifically stated in Directions.

You can find the public health directions specifying mandatory COVID-19 vaccination requirements on the WA Government website. A Mandatory vaccination FAQs publication is also available on the WA Department of Health's website.

Depending on the association's rules (also referred to as a constitution) or by-laws, associations not captured by the health orders and directions may not be able to require their Board members to be vaccinated.

Can an incorporated association require members to be vaccinated against COVID-19?

If a health order applies to a member's workplace, they must not enter the premises in their capacity as an employee if they are not vaccinated or an exempt person.

Where there is no specific law requiring a person to be vaccinated or have a medical exemption, whether the member can be lawfully and reasonably required to be vaccinated will depend on their specific circumstances.

Associations should obtain their own legal advice in these situations.

Can an incorporated association take disciplinary action (suspend or expel a member) if a member refuses to be COVID-19 vaccinated and does not have a medical exemption?

Disciplinary action, including suspension or cancellation of membership, against a member for refusing to be vaccinated may be undertaken if the member's refusal is in breach of:

  • a specific law; or
  • a lawful and reasonable direction requiring vaccination; or
  • association's rules (also referred to as a constitution) or by-laws.

Whether disciplinary action can be taken will depend on the individual facts and circumstances, including what is allowed in your association's rules (also referred to as a constitution) or by-laws.

Associations should obtain their own legal advice in these situations.

Does an association have the right to suspend or expel a member if they do not provide proof of COVID-19 vaccination or a medical exemption?

Where there is a public health order requiring a member to be vaccinated, the association is entitled (and may be required) to obtain evidence of the person’s vaccination status.

The WA Government public health and social measures also require individuals to provide proof of vaccination or a medical exemption for the purpose of entering a participating venue.

You can find the details of the proof of vaccination venues from the WA Government website: COVID-19 coronavirus: What you can and can't do

Vaccination status is sensitive health information that must be treated in accordance with applicable privacy laws.

Where a health order does not apply, and the premises is not a participating venue, whether members can be required to provide proof vaccination may depend on an association's rules (also referred to as a constitution) or by-laws and its specific circumstances.

Generally, the circumstances in which a member's rights could be suspended or terminated include:

  • when a member has failed to pay the annual subscription fee; or
  • where there has been member misconduct.

Associations should refer to information about proof of vaccination requirements and the mandatory COVID-19 vaccination policy to see whether public health directions apply to their circumstances.

Can an incorporated association include a requirement for its members to be COVID-19 vaccinated or have a medical exemption in its rules?

Each association must set out who its membership is open to in its rules, that is, if there are any conditions or qualifications that need to be met before joining, how a person may become member and cease their membership.

Typically the rules will enable members to join provided that they support the aims and purposes the association is formed for, and they will remain a member until expelled, resigning, failing to pay any due membership fees, or the member dies.

Where there is no specific law requiring a person to be vaccinated, associations that are contemplating including any COVID-19 vaccination requirements in their rules should carefully consider the position of vulnerable groups in the community and among their members and obtain legal advice about whether such a rule is reasonable to justify in their own specific circumstances.

Associations may also wish to consider whether existing COVID-19 health directions afford sufficient protection to their activities and members without the need for specific membership rules regarding vaccination.

Does an association have the right to refuse entry to an individual who cannot or will not show proof of COVID-19 vaccination or medical exemption?

This depends on the association's place of operations and if this falls under a proof of vaccination venue that requires participants to show proof of vaccination or an eligible exemption to enter the premises.

You can find the details of the proof of vaccination venues from the WA Government website: COVID-19 coronavirus: What you can and can't do.

Can an association ask an unvaccinated individual to leave its premises?

If the association is a participating venue and an individual cannot provide acceptable proof of vaccination or a valid medical exemption, the person can be asked to leave the premises.

You can find the details of the proof of vaccination venues from the WA Government website: COVID-19 coronavirus: What you can and can't do.

Could your association be required to repay membership fees if your usual operations or activities cease because of COVID-19?

This depends on the association's rules (also referred to as a constitution) or by-laws.

Typically, membership fees in the not-for-profit context are fees paid to further the association's overall purpose and not to provide a person or group paying the fee a direct benefit.

Usually, the rules do not promise the supply of any goods or services. In certain circumstances, it may give rights to members to use the association's facilities or services, but only when those facilities or services are available to be used.

It is very unlikely that a decision by an incorporated association to cease operations or provide a limited service because of COVID-19 would be a 'breach of membership contract' requiring compensation (such as repayment of membership fees). However, Associations should obtain their own legal advice in these situations.

Where can an association obtain its own legal advice?

There are several low-cost options available, including:

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