This page provides general information relating to public officers of associations incorporated under the Associations Incorporation Act 1984. References to the Act refer to this legislation, which is administered by the Office of Fair Trading.

An incorporated association is required to have a public officer who has attained the age of 18 years and is a resident of New South Wales (section 23).

The public officer is the official contact point for an incorporated association. The public officer can be a committee member, a member of the association or an outsider. The public officer’s address may be used as an official address for the service of documents on the association. To this end, the public officer is required to bring all documents received by him or her to the attention of the committee as soon as practicable (section 63).

Unless the rules of an incorporated association provide otherwise, the public officer of an incorporated association may hold any other office of the association.

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The committee of an incorporated association appoints the public officer for the association.

The public officer shall be deemed to have vacated the office if the public officer:

• dies
• resigns from the position of public officer
• is removed from office by way of a resolution passed at a general meeting of the members of the incorporated association
• becomes bankrupt
• becomes a patient under the Mental Health Act or
• ceases to be a resident of New South Wales.

The position of public officer must not remain vacant for more than 14 days. Within 14 days of a vacancy occurring, the committee must notify the Registry of Co-operatives and Associations of the vacancy and appoint a new public officer. The new public officer is also required to give notice of his or her appointment to the Registry within 14 days of the appointment. Notice of a vacancy and subsequent appointment of a public officer is required to be given on the Notice of vacancy/appointment/change of address of public officer (Form 9).

Notice of vacancy/appointment/change of address of public officer (Form 9) in PDF format (size: 18k).

Where the committee of an incorporated association fails to notify the Registry of the vacancy or fill the position within 14 days, each member of the committee is guilty of an offence and liable to a penalty.

Upon vacating the position, the public officer should pass on all information held on behalf of the association to his or her successor.

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Notice of appointment

A new public officer must lodge a notice of vacancy/appointment/change of address of public officer (Form 9) notifying of their appointment, within 14 days of the appointment (section 25).

Notice of vacancy/appointment/change of address of public officer (Form 9) in PDF format (size: 18k).

Notice of change of address

Where a public officer changes his or her address, the public officer must give the Registry notice within 14 days by lodging a notice of vacancy/appointment/change of address of public officer (Form 9) (section 25).

Notice of vacancy/appointment/change of address of public officer (Form 9) in PDF format (size: 18k).

Register of committee members

The register of committee members of the association is to be kept at the residential address of the public officer and must be made available for inspection by any person, free of charge, at all reasonable hours. Where an incorporated association has ceased to exist, the last public officer must keep the register for a period of at least 2 years after the date on which the association ceased to exist (section 21A).

Annual statements

The public officer must lodge an Annual statement (Form 12), with the prescribed fee, within one month after the date of each annual general meeting of the association. The statement is a summary of the year’s financial transactions. A penalty may be imposed on the public officer for failure to lodge the form in the required time. If the public officer is not able to lodge the annual statement in time, an application for extension of time for holding annual general meeting or lodging statement  (Form 11) setting out the reasons for the delay should be lodged, with the prescribed fee, before the due date (section 27).

Application for extension of time for holding annual general meeting or lodging statement (Form 11) in PDF Format (size: 9k).

Change of name of the association

The public officer must apply to the Commissioner for Fair Trading for approval of a change of name within one month after the passing of a special resolution to change the association’s name. An application for approval for change of name (Form 4) must be lodged, together with the prescribed fee (section 14).

Application for approval for change of name (Form 4) in PDF format (size: 11k).

Alteration of objects or rules

After the passing of a special resolution altering the statement of objects or rules of an incorporated association, the public officer must lodge a notice of alteration of objects or rules (Form 6), with the prescribed fee, setting out the particulars of the alteration. A penalty may be imposed on the public officer for failure to lodge the form in the required time (section 20).

Notice of alteration of objects or rules (Form 6) in PDF format (size: 14k)

Receiving documents on behalf of the association 

The public officer has an obligation to bring all documents addressed to the association to the attention of the committee as soon as practicable. This obligation continues for a period of 12 months after a person has ceased to be the public officer of the association (section 63).