Incorporating as a Victorian incorporated association
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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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This page provides information for people involved in a Victorian-based community organisation that want to become an incorporated association. If you are still uncertain about whether you want to incorporate as an incorporated association, go to Choosing the right legal structure.
While setting up an incorporated association is relatively simple process, there are a few important decisions that your organisation will need to make (and may need to get advice about). In particular, the wording of your organisation's 'purposes' and 'rules' needs to be chosen carefully so that your organisation can apply for tax concessions, fundraising registration and other benefits in the future. It is worth getting these documents right at the start, as it can be time-consuming, expensive and difficult to change them later on.
*NOTE* There are new laws for charities and a new regulator for charities - the Australian Charities and Not-for-profits Commission (ACNC). If your group is an incorporated association, and is also registered as a charity, these changes will apply to your group, and may affect your analysis about the most appropriate legal structure for your group. For more information, go to the PilchConnect information page on the ACNC here.
The information sheet below provides an overview of the steps involved in incorporating. It is intended as a guide only, and is not legal advice. If you or your organisation has a specific legal issue, you should seek legal advice before making a decision about what to do.
Legislation
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This is the legislation that governs the setting up and running of an incorporated association in Victoria.
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This is a link to the regulations which govern the setting up and running of an incorporated association in Victoria. The 'Model Rules' are set out in Schedule 4 of the Regulations.
Consumer Affairs Victoria (CAV) - incorporating regulator
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CAV's website has information and fact sheets about setting up an incorporated association in Victoria.
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Note the text above on 'rules' in relation to the fact that the rules are not a perfect 'model' and the need for some organisation's to amend these rules.
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On this page under 'Lodge an application form', there is a link to this form. Your organisation will need to complete and provide it to CAV (along with a copy of your organisation's statement of purposes, rules and the relevant fee).
Existing organisations name databases
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On this page under 'Prerequisites' then 'Name' CAV have provided links to the Victorian Business Names Register, the Victorian Incorporated Associations Names Register and the national ASIC Company Names Register. Check these to make sure that the name your organisation has chosen is not already in use.
Australian Charities and Not-for-Profit Commission - Charities regulator