The Law Handbook 2024

622 Section 6: Houses, communities and the road is very broad and encompasses businesses and most community organisations). Other laws Community organisations may have to comply with other laws. This depends on factors including an organisation’s activities, funding arrangements, contracts, legal structure, and the kind of people involved in the organisation. Some legal areas that may be applicable to community organisations include: • health and safety; • negligence; • employment, workplace health and safety, and superannuation; • equal opportunity and human rights; • working with children; • privacy; • defamation; • intellectual property; • contracts; and • planning and the environment. For more information about these laws, see Not-for- profit Law’s website (www.nfplaw.org.au) . Incorporated associations Features of incorporated associations Purpose and membership An association, as defined by the Associations Act, means an association, society, club, institution or body formed or carried on for any lawful purpose and that has no fewer than five members. An incorporated association cannot be carried on for the purpose of making a profit for any of its members. Legal status An incorporated association has a legal identity that is separate from that of its members. This means that the association can enter into agreements and contracts, sue or be sued, raise and borrow money, and buy property – all in the association’s name. Liability of members Flowing from the legal status of the incorporated association is an important feature: that the association’s members are protected against personal responsibility for any debts or liabilities incurred by the association. Their liability is limited to money due under the association’s rules. Naming and identifying an association An association must not have a name that, in the opinion of the Registrar, is undesirable. While ‘undesirable’ is not defined in the Associations Act, common sense dictates against obviously offensive names. The association’s proposed name must not be identical or similar to the name of a company registered with ASIC. The association’s name must not be the same as the name of another incorporated association. Once an association is incorporated, it must add the word ‘Incorporated’, ‘Inc.’ or ‘Inc” to its name. An association’s name and registration number must appear on all business documents including letters, statements of account, invoices or orders for goods or services, cheques, receipts, letters of credit, notices, advertisements and official publications. An association can change its name by passing a special resolution for the change of its name. The secretary of the association may then apply to the Registrar to change the name of the association and seek CAV’s approval. The ACNC must also be updated if the association is a registered charity. The change of name does not create a new legal entity, prejudice or affect the identity of the association, or affect the rights and obligations of the association. An incorporated association must have a registered address where official documents, communications and notices can be sent or left (the address cannot be a PO Box). Secretary All incorporated associations must have a secretary. The secretary liaises between the association and the people and organisations that the association deals with. Holding the office of secretary does not mean you cannot hold another office in the association (in smaller associations it is common for office holders