The constitution of an incorporated association provides the structure for how the association operates. NSW Fair Trading has prepared a Model constitution, which covers the matters required by Schedule 1 of the Associations Incorporation Act 2009 (the Act).
An association may:
- adopt the Model constitution, or
- adopt its own constitution. If an association’s constitution fails to address a matter outlined in Schedule 1, the Model constitution applies for that matter and forms part of the association’s constitution.
An association adopting its own constitution may incorporate provisions from the Model constitution. Information on matters that must be addressed in an association’s constitution (Schedule 1 of the Act) are found in the About the constitution page.
If an association's constitution fails to address a matter outlined in Schedule 1, the Model constitution applies for that matter and forms part of the association's constitution.
Before adopting the Model constitution, an association should consider its suitability for the association as once it is adopted, it is binding on the association and its members as if it were a contract between them.