Duties
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New laws for Victorian incorporated associations came into effect on 26 November 2012. The resources in this section have been updated to reflect the new laws. The new Associations Incorporation Reform Act 2012 (Vic) can be accessed here, and you can read more about the changes at Consumer Affairs Victoria's website here.
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Committee members, office holders and people with significant influence in a community organisation all owe duties to their organisation.
These duties are legal duties, and apply whenever someone is performing their role in the organisation. Generally the duties are not very onerous and reflect common sense. They exist to ensure that officers of an organisation act in the best interests of the organisation.
While the duties are not onerous, penalties apply to breaches of the duties, so it is very important to understand the duties and how to comply.
Our Guide to the Legal Duties of not-for-profit committee members and office holders sets out the duties and tips to comply with them.
*NOTE* The regulation of Companies Limited by Guarantee and Registered Australian Bodies that are registered as charities is transitioning from ASIC to the Australian Charities and Not-for-profits Commission (ACNC). Until 1 July 2013, groups need to comply with directors duties under the Corporations Act. After 1 July 2013, most directors duties under the Corporations Act will not apply to groups regulated by the ACNC, and new (but very similar) duties in Governance Standards for charities will apply. PilchConnect will prepare resources for CLGs and RABs registered as charities once the requirements are finalised. For more information go to the PilchConnect information page on the ACNC here or the ACNC Governance page here.
Guide to Legal Duties of not-for-profit committee members
The PilchConnect Guide to legal duties covers the key legal duties of all people who hold a position on the governing body of a not-for-profit community organisation, including Victorian incorporated associations, companies limited by guarantee, cooperatives and indigenous corporations as well as unincorporated groups.
It is a plain-language guide which includes case studies based on common situations that arise in the not-for-profit sector, as well as tips to help Committee and Board members comply with their legal obligations. Go to:
For further information about the Secretary's duties, go to
Duties training
PilchConnect also runs training on legal duties for a fee, for more details go to Legal training on request.
Resources
Australian Charities and Not-for-profits Commission (ACNC)