The rules

Incorporated associations must have rules, which are sometimes called a constitution. The rules are binding on the association and its members. Some associations have a further set of more detailed rules - called by-laws, ordinances or rules - that deal with administrative or procedural matters. These are also binding on the association and its members. The rules (including alterations to rules) must be sent to the Office of Consumer and Business Affairs for registration (this does not apply to the more detailed rules or by-laws). The rules of an association must:

state the name of the association and set out its objects
not contain any provision contrary or inconsistent with the Associations Incorporation Act 1985
contain provisions dealing with:
- membership (if the association has members)
- the powers, duties and manner of appointment of the committee
- appointing an auditor, if it is a prescribed association
- how general meetings are called and what procedure must be followed at the meetings
- who has the management and control of the funds and other property of the association
- the powers of the association and by whom and in what manner they may be exercised
- how the rules of the association may be altered
- any other matter prescribed by Regulation.

Draft or model rules suitable for incorporated associations are included in the 'Constitutions' book published by SACOSS (South Australian Council of Social Service). They may also be obtained from the head offices of many organisations which encourage new groups to set up. A form of model rules that can be adapted to suit your organisation is available from the Office of Consumer and Busness Affairs - but note that it only applies to groups with a general membership and a committee structure.

Alterations to the Rules

An incorporated association may change its rules using the method set out in its rules. If its rules do not cover how to make changes, then the Associations Incorporation Act 1985 s 24 states that the rules may be changed by special resolution of the association. 'Special resolution' is defined in s 3 of the Act. It is a resolution where 21 days written notice of the resolution has been given to all members, and wher it has been passed by a three-quarters majority of members present at the meeting.

Within one month of making any alteration to its rules, an incorporated association must register the alteration with the Corporate Affairs Commission. If it does not, the association can be fined up to $1250.

An alteration to the name of an incorporated association does not come into force until it is registered. However, any other alteration comes into force at the time the alteration is passed, unless the rules or a resolution of the association state otherwise.

To register an alteration, the association must fill in the form called 'Application for Registration of Alteration to Rules' and send it to the Office of Consumer and Business Affairs along with:

a 'Statutory Declaration Verifying Alteration to Rules' form, which must be completed by the public officer (SEE PUBLIC OFFICER) or a committee member
the application fee ($42).

The forms are available online, and free of charge from the Office of Consumer and Business Affairs.