The model rules

The model rules are a standard set of rules that have been developed for use by associations who do not wish to develop their own rules. These rules meet all the requirements of the Act and provide a suitable governance framework for an incorporated association.

If your association chooses to use the model rules the only details you need to provide are:

  • the name of the association;
  • the objects of the association;
  • the quorums for general meetings and committee meetings; and
  • the association’s financial year.

It is not compulsory for an association to use the model rules. If you association decides to develop its own rules you may still wish to use the model rules as a guide. An association preparing its own rules should also refer to the rules checklist.

Remember that if your association makes a change the model rules (other than the items above), no matter how minor, the association is then considered to be using its own rules. 

Features of the model rules

  • Flexible classes of membership.
  • Committee of at least 5 members (4 office bearers & at least 1 ordinary member).
  • Technology may be used at meetings where a member is unable to attend in person.
  • Subcommittees can be created where need arises.
  • By-laws can be made.
  • Discretion for the committee to request that a member complete a statutory declaration before a copy of member register is provided. 

About the guidance notes

The model rules document also includes summary information about the obligations under the Act and other explanatory material. These summaries are presented in grey boxes as “Guidance Notes” and “Act Requirements” and are intended to help associations.

This information does not form part of the model rules as prescribed in the regulations and so the grey boxes can be removed by an association if it wishes; however it is recommended that all associations keep the information on the first page about the name, objects, quorums and financial year as this provides a record of what has been lodged with Consumer Protection. 

How to adopt the model rules

The members of the association must pass a special resolution at a general meeting agreeing to adopt the model rules. Go to the Altering the rules section of the INC Guide for detailed information about passing a special resolution.

Once the special resolution has been passed an association should lodge notice of the change of rules with Consumer Protection within 28 days. It is not necessary to submit a copy of the model rules as part of this application and the form can be submitted using AssociationsOnline

Schedule 1 and the model rules

All incorporated associations are required to provide for 19 Schedule 1 items in the rules. The below table shows where each of the Schedule 1 matters has been provided for in the model rules:

Schedule 1 requirement Model rules clause
1. The name of the incorporated association. 

Association to provide.

Can be recorded at Guidance note A

2. The objects or purposes of the incorporated association. 

Association to provide.

Can be recorded at Guidance note B

3. The qualifications (if any) for membership of the incorporated association and provision for when membership commences and when it ceases. 4,7,9
4. The register of members of the incorporated association. 13
5. The entrance fees, subscriptions and other amounts (if any) to be paid by members of the incorporated association. 12
6. The name, constitution, membership and powers of the management committee or other body having the management of the incorporated association (in this clause referred to as the committee) and provision for the following: 26
a) The election or appointment of members of the committee; 33
b) The terms of office of members of the committee; 35
c) The grounds on which, or reasons for which, the office of a member of the committee shall become vacant; 37
d) The filling of casual vacancies occurring on the committee; 38
e) The quorum and procedure at meetings of the committee;

Association to provide quorum.

Can be recorded at Guidance note D. 

Procedure: 41-43

f) The making and keeping of records of the proceedings at meetings of the committee; 47

g) The circumstances (if any) in which payment may be made to a member of the committee out of the funds of the association.

Note: Any rules that provide for payment to a committee member from the Association’s funds must state that this can only occur if the payment is authorised by a resolution of the association. 

40
7. The quorum and procedure at general meetings of members of the incorporated association.

Association to provide quorum.

Can be recorded at Guidance note C. 

Procedure: 55-60

8. The notification of members or classes of members of general meetings of the incorporated association and their rights to attend and vote at those meetings.

Note: The rules made must provide for all members of the incorporated association to be entitled to receive notice of and to attend any general meeting of the association. 

Notice: 52, 66

Voting rights: 8(5), 57

9. The time within which, and manner in which, notices of general meetings and notices of motion are to be given, published or circulated. 66

10. The number of members, expressed as a percentage of membership, who may at any time require that a general meeting of the incorporated association can be convened.

Note: the number required to request a meeting cannot be greater than 20%.

51(2)
11. The manner in which the funds of the association are controlled. 62
12. The day in each year on which the financial year of the incorporated association commences. 

Association to provide.

Can be recorded at Guidance note E

13. The intervals between general meetings of members of the incorporated association and the manner of calling general meetings. 51
14. The manner of altering and rescinding the rules and of making additional rules of the incorporated association. 72
15. Provisions for the custody and use of the common seal of the incorporated associations, if it has one. 65
16. The custody of books and securities of the incorporated association. 67
17. The inspection by members of the incorporated association of records and documents of the incorporated association. 69

18. A procedure for dealing with any dispute under or relating to the rules:

a) between members; or

b)between members and the incorporated association. 

17-25
19. The manner in which surplus property of the incorporated association must be distributed or dealt with if the association is wound up or its incorporation cancelled.  71

Need help with updating your rules?

Please use the following links to help you review and update your associations rules:

  1. Rules checklist
  2. Model rules
  3. What's in the rules - explaining the Schedule 1 requirements

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