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/Factsheet_print/Cooperatives_and_associations/Incorporating_an_association/_Public_officer.pdf
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Standard fact sheet.
/Factsheet_largeprint/Cooperatives_and_associations/Incorporating_an_association/_Public_officer.pdf
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Large print fact sheet.
Public officer
Incorporated associations
What is a public officer?
A public officer is the official point of contact for an incorporated association and one of the authorised signatories.
Top of pageWho can be a public officer?
A committee member, an ordinary member or a person outside the association may hold the position of public officer.
They must be over 18 years of age and reside in New South Wales. An association's incorporation may be cancelled if the public officer does not comply with these requirements.
What is the official address?
Every association must have an official address. The official address must be a physical address in NSW where the public officer can be contacted. It can be premises where the association is located, or where the public officer resides, is employed or carries on his or her business.
The official address cannot be a post office box.
The public officer must advise Fair Trading of a change of official address by lodging Form A9 - Notice of appointment of public officer and Notice of change of association address within 28 days after the current address becomes obsolete or unusable.
How is the public officer appointed and removed?
The person nominated as the public officer on the application for incorporation of an association will become the association's first public officer. The committee will appoint the public officer when a vacancy occurs.
A public officer will vacate the position if he or she:
- dies
- resigns in writing to the committee
- is removed from office by the passing of a resolution at a general meeting
- becomes bankrupt
- becomes a mentally incapacitated person
- ceases to be a resident of New South Wales, or
- meets any circumstances as provided for in the constitution.
Once the position becomes vacant, the committee must fill the position within 28 days.
The new public officer must notify NSW Fair Trading within 28 days of the new appointment. Notification must be in the approved form (Notice of appointment of public officer and notice of change of association address Form A9).
What are the responsibilities of the public officer?
The public officer is responsible for:
- notifying NSW Fair Trading of any change in the association's official address within 28 days
- collecting all association documents from former committee members and delivering the documents to the new committee member
- returning all association documents to a committee member within 14 days, upon vacating office
- acting as the official contact for the association, including taking delivery of documents served on the association and bringing them to the attention of the committee as soon as possible
- custody of any documents as required by the constitution.
Need more information?
Contact Registry Services
Tel: 6333 1400
FreeCall: 1800 502 042
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