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* New laws apply to charities in Australia, including new Governance Standards that contain duties for committee members. The Duties Guide has more information on these changes, as well as our information page on recent changes in laws for charities here or the ACNC Governance page here.
Guide to Legal Duties of not-for-profit committee members
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New uniform laws for co-operatives, known as the Co-operatives National Law (CNL), are proposed to commence in Victoria and New South Wales in March 2014 with other States and Territories to follow. You can read more about the Australian Uniform Co-operatives Legislative Agreement which outlines the introduction and operation of the CNL here.
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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
Training
Not-for-profit Law also runs training on the 'Legal duties of committee or board members' as well as more advanced training on 'Governing a succesful community organisation'. For a fee we may be able to provide training for your community organisation. Please get in touch with Not-for-profit Law for further information.
Resources
Australian Charities and Not-for-profits Commission (ACNC)