The constitution of an incorporated association is a contract between the association and its members, who agree to adhere to the provisions outlined in the constitution.
Every incorporated association must have a constitution This can be the model constitution or the associations own constitution, which is recorded in the public register of incorporated associations, maintained by NSW Fair Trading.
The constitution must address each of the matters referred to in Schedule 1 of the Associations Incorporation Act 2009, as follows:
A representative of the association is required to certify that the constitution complies with the requirements of the Act, including the above matters.
NSW Fair Trading developed the model constitution covering all matters outlined in Schedule 1 of the Act, as well as a number of additional matters.
New and existing associations may:
Each association needs to consider whether the model constitution is suitable for them because once it is adopted it is binding to both the association and members.
If an associations constitution (adopted since 1 July 2010) fails to address a matter outlined in Schedule 1, the model constitution will apply in respect to that matter and will form part of the associations constitution.
The model constitution may be updated from time-to-time, with the updates applying to any association who has adopted the model constitution.
An association may change its constitution by passing a special resolution. The change must be consistent with the Act and the rest of the constitution.
The association must apply for registration of the changes within 28 days of the special resolution and the application must:
A change will only take place once it is registered with NSW Fair Trading.
An application may be refused if it:
An association representative must certify that the constitution complies with the Act.
For more information visit the Resolutions page on the Fair Trading website.
An individual may take action against a member or the association if a breach has occurred, either externally or using the internal dispute resolution process outlined in the associations constitution.
In most cases, the NSW Fair Trading does not have the authority under the Act to investigate or to intervene in a dispute relating to a breach of the constitution.
For more information visit the Resolving disputes page on the Fair Trading website.
Contact Registry Services
Tel: 6333 1400
FreeCall: 1800 502 042
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