When the model rules apply
The rules of every incorporated association and club are required to include all of the 19 matters listed in Schedule 1 of the Associations Incorporation Act 2015. From 1 July 2019, when an association’s rules do not address a Schedule 1 requirement then certain clauses from the prescribed model rules will be deemed to apply.
How to know if the rules comply?
An association can confirm at any time whether its rules meet all the Schedule 1 requirements by completing a self-assessment. The checklist on page 13 of Transition Pack 3 can be used for this purpose.
Please note, with nearly 20,000 registered incorporated associations in Western Australia Consumer Protection is unable to conduct a review of every individual association’s and club’s rules to advise whether the rules meet all of the Schedule 1 requirements.
What to do if Schedule 1 items are missing?
When a Schedule 1 matter is missing from the rules, then certain clauses from model rules are deemed to apply and should be followed by the association until action is taken to correct the rules.
Please note the full model rules do not replace the association’s entire rules.
The publication, Applying the model rules identifies which parts of the model rules will apply when a Schedule 1 item is missing.
If there are concerns about the application of any model rules when making specific decisions, the association is encouraged to seek its own independent legal advice regarding the issue.
How to correct the rules
Where it is known the rules do not comply with all of the Schedule 1 requirements, the association should take steps to update the document. This will ensure there is no uncertainty about the rules applicable to the association. Changes to the rules may only be passed by a special resolution of members at a general meeting.
More information about this process is available on the Changing your rules page.
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