Incorporation under the Associations Incorporation Act 1984 gives an entity certain legal advantages in return for accepting certain legal responsibilities.

Associations do not have to be incorporated, however becoming incorporated provides community groups with a simple and inexpensive means of becoming a legal entity and helps to protect members in legal transactions.

An incorporated association receives recognition as a legal entity separate from its members. Once incorporated, an association has all the powers of an individual and is legally able to do things in its own name, such as own land, sign a lease, sue or be sued and to continue regardless of changes in membership.

Although there are benefits to be gained from incorporation, there are also obligations.  For example, incorporation requires the payment of application fees and obliges the association to maintain proper financial and membership records and registers. In addition, it imposes certain reporting obligations on the public officer and committee members.

The decision whether to incorporate as an incorporated association is largely a matter of choice for your group. Your group should obtain advice from a solicitor, accountant, governing or funding body on this option if there is some uncertainty about the suitability of the association's structure.