Complaints against an association
Complaints against an association can be investigated by Consumer Protection if there appears to have been a breach of the Associations Incorporation Act 2015.
Before you submit a complaint consider the following:
Do the concerns relate to internal issues, the rules, or a potential breach of the Act?
The Act specifies some basic requirements for incorporated associations such as the need to:
- hold an annual general meeting;
- provide financial information to members at the AGM;
- maintain a register of its members and the Committee.
These requirements are compulsory under the Act and Consumer Protection can make enquiries if it appears that the association is not meeting these requirements.
Concerns about the internal decisions of an association, or compliance with the association’s own rules, would usually be internal matters to be addressed by the committee and the association’s members. You can find more information about resolving these types of issues on our disputes related to the rules of association page.
Information to substantiate your claims
If you choose to submit a complaint, you will need to provide information to substantiate your complaint. This may be in for the form of specific details of events including dates and names of people involved and/or documents such as correspondence, emails, and/or minutes of meetings.
Making a complaint
You will need to submit a formal written complaint with copies of any documents supporting the claims you made. A complaint form is available for your convenience and includes information about what Consumer Protection will investigate.
Once lodged, Consumer Protection will assess whether your complaint falls within the terms of the Act and consider whether there is sufficient information and supporting documents to investigate your complaint further.
An association will have the opportunity to comment on any relevant allegations made in a complaint.
Where it appears, after investigation, that there is sufficient evidence that a breach of the Act has occurred Consumer Protection chooses what action to take based on its enforcement and prosecution policy which takes the public interest into account. Possible actions include education, warning, agreed undertakings, infringement notices and prosecution.
Share this page: