Minutes of all proceedings of general meetings and committee meetings must be entered in books kept for that purpose. The minutes must be confirmed at a subsequent meeting and signed by the member who presided at that meeting or by the member presiding at the subsequent meeting - Associations Incorporation Act 1985 (SA) s 51. Where a prescribed association (see PRESCRIBED ASSOCIATIONS) fails to keep or confirm minutes, both the association and the member responsible can be fined up to $2500.
Minutes that have been properly entered in the minute book, confirmed and signed are proof (unless it can be proved otherwise) that the meeting was held, that the proceedings recorded did occur and that all appointments of officers or auditors recorded were validly made.
Depending on the association's rules or a resolution of the committee, all minute books must be kept at the association's office or in the custody of an officer of the association. Members must be able to inspect the minutes of general meetings free of charge. An association or an officer of an association who does not comply with these requirements can be fined up to $2500 (for a prescribed association) or $1250 (for any other association).
There is nothing in the Associations Incorporation Act to say that members have the right to inspect minutes of meetings other than general meetings, such as committee meetings. If there is a dispute (see DISPUTES) about whether minutes should be shown to members, the rules of natural justice must be observed and if a refusal is oppressive, unreasonable, unfairly prejudicial or discriminatory, court action may be taken. However, mediation may be a much more efficient alternative.
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