Membership
This page provides general information on membership of incorporated associations. References to the Act and Regulation refer to the legislation which is administered by the Office of Fair Trading.
What are the qualifications for membership of an incorporated association?
The rules of the association are required to specify the qualifications for membership (if any) of the incorporated association. If the rules do not set out specific qualifications, the relevant provisions of the model rules will apply.
In general terms, the model rules provide that a person is qualified to be a member of the incorporated association if that person:
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was a member of an existing body that becomes incorporated as an incorporated association or
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was one of the persons who authorised incorporation of a new association or
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is a natural person who has been nominated and approved for membership in accordance with the rules,
provided the person has not ceased to be a member of the association at any time after incorporation.
It should be noted that the model rules require that after incorporation all new members of an incorporated association are required to be natural persons.
Top of pageCan an association have corporate or affiliated members?
The rules of an incorporated association may allow other incorporated bodies to be members of the association or for the association to have affiliated members. However the model rules are not intended to cover these situations.
An association that wishes to make provision for members who are incorporated bodies or for affiliated members will need to adopt its own rules and may need to obtain legal advice regarding appropriate rules.
Is there a limit on the number of members?
The Act does not impose a maximum limit on the number of members of an incorporated association. However, an incorporated association must have at least five (5) members.
The Commissioner may cancel the incorporation of an association that has less than five (5) members.
Can all members vote at a general meeting of an incorporated association?
The rules of the association will specify members eligibility to vote.
Where the model rules apply, each member is entitled to one vote at a general meeting of the association, provided the member has paid the annual membership subscription as set out below.
The rules must specify whether proxy voting is allowed and, where appropriate, any requirements, restrictions and procedures relating to proxy voting.
Can members who have not paid the annual subscription fee (unfinancial members) vote at the annual general meeting?
The answer to this question will depend on the rules of each association.
Where the model rules apply, a member is not entitled to vote at any general meeting of the association unless all money due and payable by the member has been paid, other than the amount of the annual subscription payable in respect of the then current year.
That is, if the only outstanding fee is the annual subscription for the current year the member is entitled to vote at the annual general meeting.
Can unfinancial members nominate others or stand for election to the management committee of an association?
The rules of an association are required to set out provisions relating to the election or appointment of members of the committee, including provisions relating to the qualifications for and nomination of persons to stand for election to the management committee.
Under the model rules, members who have not paid their membership fee are still members. As such, they are entitled to stand for election and nominate others to stand for election to the management committee. However, such members may not be entitled to vote and may also be the subject of a complaint if they refuse or neglect to comply with a provision of the rules, such as the payment of subscriptions or other fees due to the association.
If a member fails to pay the annual membership fee does that member automatically cease to be a member of the association?
The rules of an association should set out the circumstances in which a member ceases to be a member of the association. If it is intended that failure to pay an annual membership fee will result in a person ceasing to be a member of the association, this must be specified in the rules.
Where the model rules apply, a member is required to pay an annual membership fee before 1 July in each calendar year. Failure to pay the membership fee does not affect the person’s membership although, as set out above, that member may not be able to vote at a general meeting.
Failure to pay the membership fee in accordance with the rules may also leave members liable to disciplinary action or expulsion.
Can persons under the age of 18 be members and vote?
The Act does not prevent persons under the age of 18 (minors) becoming members. Once a person becomes a member, generally, they are entitled to the rights and privileges of membership, such as voting and nominating for the committee. Questions about the rights of minors can be complex and associations should obtain specific legal advice if they have any queries or concerns regarding this issue.
If it is contemplated that minors be able to become members with restricted membership rights and privileges, the rules should clearly set out the rights and privileges of minors.
What is the register of members?
The rules of an association are required to make provision for a register of members. This includes rules relating to the establishment, maintenance, safe keeping and inspection of the register of members.
As a minimum the register of members should contain particulars of the name and address of each person who is a member of the association together with the date on which the person became a member of the association.