Rules of Incorporation or a Constitution provide Associations and Clubs with a document outlining their objectives, structure and responsibilities. It is an essential document, ensuring the smooth administration of an Association or Club and is a legal necessity to protect the interests of members.
If an Incorporated Association does not have its own Constitution, the model rules will apply.
DUTY OF CARE
Associations and Clubs have a duty of care to ensure the Rules of Incorporation comply with the Act and reflect current practice.
Sample Constitution for Affiliated Associations
This document has been prepared for use by a NV member association that is registered as an incorporated association. Where an association is registered as a company, the template should be reviewed and amended accordingly. The template meets the statutory requirements of a Victorian incorporated association under the Associations Incorporation Reform Act 2012 (Vic) (as at 14 June 2017).
The template is drafted within a traditional federated sports structure, where the association will affiliate with NV and NV is a member of Netball Australia. It is designed specifically for sport. It is an alternative to the model rules (on the Consumer Affairs Victoria website) and is tailored to the needs of a sporting organisation. It takes into account issues which a general community organisation might not need to include; for example, Sport must deal with the impact of drugs; Sport is affected by child protection legislation; and Sport operates under a national system where the national body can make rulings and set policy that will flow through the Sport and affect the member bodies.
The constitution is aligned with current best-practice governance for sports organisations, as outlined by the Australian Sports Commission in its Sports Governance Principles and Mandatory Sports Governance Principles.
To enable ease of use, this model constitution contains highlights sections that can be varied to suit your local situation.
Following the development of your constitution, you should also develop a set of by-laws that provide more detail on sections of the constitution. By-Laws (sometimes called regulations) are more easily adjusted and have a more operational tone to them. This is where you can include more detail of the policies and procedures that underpin the constitution.
It is very important to note that any amendment (or replacement) of the constitution of an incorporated association must be lodged with Consumer Affairs Victoria. It does not take effect unless and until the amendment or new constitution is approved by Consumer Affairs. A similar obligation exists for a company to lodge amendments with ASIC.
More information can be obtained from Netball Victoria.
When using this model constitution, you should consider seeking legal advice on your specific requirements and on the relevant law.
DOWNLOAD THE SAMPLE CONSTITUTION BELOW
Dated 14 June 2017