- The constitution is a set of rules or guidelines outlining how the Association and its members should operate.
- An Association can use the Associations Incorporation (Model Rules) Regulations 2017 (external link).
- Associations can either adopt or amend the Model Rules. Using model rules can save an association time and money drafting its own rules.
Important changes to Model Rules Regulations
The Associations Incorporation (Model Rules) Regulations 2017 (external link) have changed and this has an impact on incorporated associations in Tasmania.
The most important changes are:
- Associations can now use electronic banking which is controlled by the treasurer
- The public officer must record minutes of the annual general meeting in the minute book
- You can send notices of upcoming annual general meetings electronically
- Certain positions not filled at an election are taken to be casual vacancies
- The least number of members required at a general meeting is five
- Committee members hold office until the end of the next annual general meeting
- The public officer can remove a member from the register of members if the annual fee is unpaid either:
- 3 months from the beginning of the financial year, or
- 14 days after the member has received notice, in writing, from the public officer
- Associations need to amend their constitutions to follow the amended model rules. This is done by passing a special resolution. Complete a Notice of Special Resolution (external link)
Every incorporated association must have rules. These rules document:
- how your association operates
- the association's purpose
- the rights and responsibilities of members and office holders
Members should know the rules. They have the right to inspect and ask for a copy of the rules.
Changing a constitution
- You pass a Special Resolution to change an association's constitution
- This is where the association advertises its intention to make changes to its constitution. A General Meeting is then held to vote on the changes. If three quarters of the members present at the meeting vote in favour, the changes are passed.
- The Public Officer must notify CBOS of the amendments within one month by lodging a Notice of Special Resolution (external link), and attaching a copy of the changes
- Members are expected to accept and keep to the association's constitution
Constitution breaches and disputes
- CBOS does not have the authority to investigate:
- a breach of an association's constitution, or
- any dispute that may arise between members.
- Any dispute or issues should be dealt with internally or by seeking independent legal advice. More information about disputes is available.