Transitioning To The Associations Incorporation Act 2015

by Aaron Delaporte on November 27, 2018

As an incorporated association, adherence to the current Associations Incorporation Act is required.

The Associations Incorporation Act 2015 came into effect 1st July 2016, replacing the Associations Incorporation Act 1987, with a three-year transition period in place.

During the transition period of 1^st July 2016 to 1^st July 2019 each association is required to update its Constitution to:

include a not-for-profit clause
provide for 19 specific matters set out in Schedule 1 Divisions 1 and 2 of the Act
be consistent with the requirements of the Act

Until an association completes the process of updating their constitution, the existing constitution can continue to be used until 1^st July 2019.

As of 1^st July 2019, relevant clauses of the Model Rules (contained in the Associations Incorporation Regulations 2016) will automatically apply where a club’s constitution is non-compliant or silent under the new Act.

for example: if your current constitution does not state the club’s financial year, on the 1^st July 2019 the club’s financial year will be 1st July to 30^th June as per the Model Rules.

In addition to the requirements of the constitution, there are key obligations relating to General Meetings, Records and Notification of Consumer Protection that are in force now. Contact Clubs WA for further information.

Important notes about Constitutions:

The Constitution can only be changed by passing a special resolution at a general meeting of the association
Your club Constitution will detail the name, objects, methods of management and other conditions under which the club operates.
The Constitution binds the club and the members of the club as if:

- it contained an agreement on the part of each member to be bound by and observe all the provisions of the rules; and
- that agreement was duly executed by each member