Changes to an organisation's constitution or rules
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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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The information sheet below will assist Victorian not-for-profit community organisations to understand some of the issues that arise when making changes to their constitution. It includes information about changing the constitution for an incorporated association, companies limited by guarantee and co-operatives.
*NOTE* The law regulating charities has changed and there is a new regulator for charities - the Australian Charities and Not-for-profits Commission (ACNC). Some regulation of companies is transitioning from ASIC to the ACNC. Companies registered as charities, such as charitable CLGs, will need to notify the ACNC of changes to their constitutions. The fact sheets on this page have not been updated to reflect this change. For more information about the changes, please visit PilchConnect's page regarding the ACNC here.
Victorian Incorporated Associations - updating rules to comply with the AIR Act
PilchConnect has produced an information pack to assist Victorian incorporated associations updating their rules to reflect new laws in the Associations Incorporation Reform Act 2012 (Vic).
For more information, go to:
Resources
Legislation
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This is the legislation that regulates incorporated associations in Victoria
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This is a link to the legislation that regulates co-operatives in Victoria.
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This link is to the legislation that regulates companies in Australia. Not-for-profit's usually incorporate as companies limited by guarantee.
Consumer Affairs Victoria (CAV) resources
Incorporated associations
Australian Securities and Investments Commission (ASIC) resources
Companies limited by guarantee
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This is the ASIC database where you can search to find all types of companies in Australia.
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This link provides information about special resolutions for companies limited by guarantee, and includes a link to the form (205) which needs to be submitted to ASIC to notify of changes to constitution
Commonwealth Government Resources