The Law Handbook 2024

Chapter 6.6: Community organisations 623 to have multiple roles). The secretary must be at least 18 years old and be an Australian resident. The secretary has a number of obligations to the Registrar. Generally, the secretary must keep the Registrar informed of certain events, and in particular: • must give written notice to the Registrar of the appointment of the secretary (within 14 days); • must make an application for the approval by the Registrar of an alteration to the rules of an association (within 28 days); • must apply to the Registrar for a change to the name of the association (within 28 days); • must give written notice to the Registrar of any change of address or email address of the Secretary (within 14 days); • must lodge with the Registrar an annual statement and other financial information (as required) within onemonth after the date of the association’s annual general meeting, unless the association is registered as a charity with the ACNC (see ‘Financial reporting’, below); and • must notify the Registrar of a change to the registered address (within 14 days). Associations that are also registered as charities should view the ‘Notifying the ACNC’ webpage on the ACNC website (www.acnc.gov.au) ; this outlines what to notify the ACNC about. Not-for-profit Law’s Guide to running an incorporated association in Victoria (at www.nfplaw. org.au/free-resources/how-to-run-the-organisation/ guides-to-running-an-organisation#vic ) includes comprehensive information about running an incorporated association. Purposes of an association An association’s purpose(s) must be set out in the association’s rules. The purpose(s) are what the association is aiming to achieve. Most groups simply need to write down answers to the questions that they discussed when they decided to form an association, including: why do we want to form an association? What do we want to achieve? How are we going to achieve our aims? However, note that professional advice may be needed in drafting an association’s purposes if the association wants to fall within a particular category of charity or to obtain charitable taxation concessions (see ‘Tax concessions’, above). An association that is already registered as a charity or has taxation concessions must be careful when it changes its purposes. The rules of an association The rules of an association govern the rights and responsibilities of the members and how the association operates. The rules are a contract between the incorporated association and its members. An association has a choice to adopt one of the following approaches: 1 Adopt the model rules provided in Schedule 4 of the Associations Incorporation Reform Regulations 2023 (Vic). A copy of these rules can be found on CAV’s website (www.consumer.vic.gov.au) . Using the model rules can save an association time and money. 2 Partially adopt the model rules. An association can amend the model rules to suit its purposes. Before amending the model rules, consider: what is intended to be achieved by the amendment or new clause? When amending the model rules, it is important to use simple and clear language. This will assist in avoiding later disputes about what was intended by the rules. When amending the model rules, make sure the modified rules contain the matters specified in Schedule 1 of the Associations Act. 3 Draft its own rules, whichmust contain the matters specified in Schedule 1 of the Associations Act. For help developing a customised set of rules that comply with the law, see the ‘Vic Rules Tool’ (https://apps.nfplaw.org.au/vic-rules-tool) . Activities An incorporated association cannot be formed with the intention of making a profit for its members. In this way, it is different from for-profit organisations. However, an association can carry out the activities listed below, which are deemed by the Associations Act to not be activities, with a view to making a profit for its members. An association can: • make a profit itself, so long as that profit is not divided among its members; • distribute its assets to a member or former member if the association has been wound up, where the association complies with the requirements of the