Changing your rules
Aim to change the rules at your next AGM
The deadline for incorporated associations and clubs to update the rules to meet the Associations Incorporation Act 2015 requirements is 30 June 2019.
Consumer Protection recommends committees aim to have the proposed changes to the rules ready for members to vote on at the association’s next Annual General Meeting.
The publications and videos on this page will assist the association to review, update and lodge the rules.
Changes of rules work book
To get started download your change of rules work book. Transition Pack 3 includes step by step instructions to help associations review and update their rules.
Writing the rules
- Schedule 1 checklist (on page 13 of Transition Pack 3) can be used to assess the existing rules and identify what changes are required.
- What’s in the rules: Explaining Schedule 1 – detailed information about each of the Schedule 1 items to be included in the rules.
- Model Rules - This standard set of rules meets the requirements of the Act and the association will only need to insert details of its name, objects and purposes, financial year and quorums.
You can also download a table identifying where each of the schedule 1 matters can be found in the model rules.
Voting on the changes
A special resolution will need to be passed at a general meeting to adopt the new rules. To pass a valid special resolution:
- Written notice must:
- be given to all members in the time and manner required under the existing rules.
- include the wording of the proposed special resolution members will be voting on.
- There must be a quorum present at the meeting; and
- At least 75% of the members who cast a vote at the meeting must be in favour of the resolution (this may include proxies or postal votes if the current rules allow).
Resolutions by the management committee
If the only changes to the rules are to make the existing document consistent with the Act then the committee can pass a resolution to adopt the new rules at a committee meeting. For example adding a missing schedule 1 item.
The committee cannot pass resolutions:
- to adopt the model rules;
- replace the existing rules with a completely different document; or
- to change existing clauses in the rules that already address the schedule 1 requirements. For example altering specified quorums or changing the composition of the committee.
Refer to the Transitioning to the Associations Incorporation Act 2015 section of the INC Guide for more information.
Changing your rules videos
Three short videos have been developed to show you the three keys steps in changing your rules:
Step 1: Review the rules – This video includes information about the Schedule 1 requirements and other updates to the rules that may be required to ensure the rules comply with the Act.
Step 2: Updating the rules - This video provides information about updating the existing rules and using the model rules.
Step 3: Voting on the new rules – This video includes step by step instructions to pass a special resolution to adopt the new rules.
Lodging the rules
The new rules must be lodged with Consumer Protection within 1 month of being passed by the association. The application can be lodged using AssociationsOnline.
Have the following ready when you complete your application:
- The date of the meeting where the new rules were adopted.
- Be clear whether the association is using its own rules or the model rules. Remember that any change to the content of the prescribed model rules will mean the association has adopted its own rules.
- If the association is using its own rules:
- attach a copy of the new rules (PDF or word document); and
- complete a Schedule 1 checklist identifying where each of the items have been addressed in the rules.
- The lodgement fee. You will need a credit card (VISA or Mastercard) to lodge an application online. If you intend to pay by cheque and money order the application will need to be submitted in hard copy format.
Watch the video: How to notify the department of a change of rules for step-by-step instructions for lodging the change of rules using AssociationsOnline.
Need some assistance?
New users may also like to refer to our Help for using AssociationsOnline page which provides lnks to videos about creating a user account and linking to an association.
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