On this page
- What are an association’s rules or constitution?
- Does your organisation use its own rules, or the 'model rules' or 'replaceable rules'?
- Victoria and NSW: Draft your own rules or constitution with our self-help tool
- How to make changes to your rules or constitution
- More information
What are an association's rules or constitution?
Incorporated associations must have a governing document called a ‘constitution’ or ‘rules’ that sets out the roadmap for how the association will operate.
This document contains the rules of the association, describes its basic structure and processes, and will usually specify:
- the aims or purposes of the association
- how the members of the association are admitted
- the rights and obligations of members
- how the office holders and other members of the governing body are elected or appointed
- how general meetings of members and meetings of the governing body are convened and conducted
- how the association is, in broad terms, to be governed, and
- what will happen to the association's assets if it is wound up
It's a legal requirement that an association and its members follow the rules of the association.
If an association decides to write its own rules (or constitution), it must make sure it meets certain legal requirements.
Does your organisation use its own rules, or the 'model rules' or 'replaceable rules'?
When incorporated associations set up, they can choose between adopting the 'model rules' which are a template set of rules, or writing their own rules that meet legal requirements. Associations often choose to write their own rules so their governing document suits the specific needs of their association. If you decide to write your own rules, you must make sure they meet legal requirements.
When companies incorporate, they can also choose between writing their own rules, or using the 'replaceable rules'.
When you are thinking about changing your rules, it's crucial to know if you are already using your 'own rules' or if your association is using 'model rules' (if an incorporated association) or 'replaceable rules' (if a company limited by guarantee).
Tip
Just because your rules say 'model rules' at the top doesn't mean they are still the model rules - many associations who started with the model rules have made changes to the model rules over time (but may not have changed the document title).
Victoria and NSW: Use our online tools to draft rules or a constitution
Our self-help tool asks help-seekers a series of questions about how they would like their association to operate – in simple, plain English – then generates a downloadable, customised rules or constitution that their association can edit or vote to adopt. It takes about 20 minutes to complete.
Our free online tools will help incorporated associations create their own rules or constitution that is customised to your association’s needs, and compliant with law by:
- educating you on certain required or recommended clauses and why,
- adding clauses that promote good governance, and
- including clauses for associations that are eligible for tax exemptions or concessions
How to make changes to your association's rules or constitution
Our fact sheets explain the steps involved in changing an incorporated association's rules or constitution and address the questions:
- what is a constitution and is this the same as 'rules' or 'articles'?
- why would your association need to change its constitution?
- how does your association change its rules?
- what issues should you to look out for before changing your rules?
Select the state or territory where your incorporated association will be based and download the relevant fact sheet:
More helpful links
The content on this webpage was last updated in August 2024 and is not legal advice. See full disclaimer and copyright notice.
