Under the Associations Incorporation Act 2015 (WA), all incorporated associations must include 19 specific matters (Schedule 1 requirements) in their rules. If your club’s constitution is missing any of these items, the corresponding clause from the WA prescribed Model Rules will automatically apply to fill the gap.
The 19 matters you must address, and how they refer to the Model Rules, include:
1. The Name of the Association
What it means: The official name ending with "Incorporated" or "Inc.".
Model Rules reference: Addressed in Rule 1, though your specific name must be approved by the department.
2. The Objects or Purposes
What it means: The main goals or mission of the club.
Model Rules reference: Outlined in Rule 3, which includes the legally required "not-for-profit" clause.
3. Qualifications for Membership
What it means: Who can join and how membership starts/ends.
Model Rules reference: Covered in Rules 9 through 15 (covers application, classes, subscription fees, and resignation).
4. Register of Members
What it means: How the club keeps a list of member names and contact details.
Model Rules reference: Addressed in Rule 16, which requires updating the register within 28 days.
5. Resignation and Expulsion of Members
What it means: The exact steps for leaving the club or having a member disciplined/kicked out.
Model Rules reference: Rules 13, 17, and 18 detail the resignation process and the rules for disciplinary action.
6. Resolving Disputes
What it means: A procedure to handle disagreements between members or between a member and the club.
Model Rules reference: Rules 20 and 21 outline the steps, including mediation if a grievance cannot be resolved internally.
7. Powers of the Management Committee
What it means: What the committee is allowed to do to run the club.
Model Rules reference: Rule 48 states that the committee has the general control and management of the association's affairs
8. Composition of the Committee and Titles
What it means: Who makes up the committee (e.g., President, Secretary, Treasurer).
Model Rules reference: Rule 28 establishes that the committee consists of a President, Vice-President, Secretary, Treasurer, and ordinary members.
9. Election/Appointment of Committee Members
What it means: How members are chosen to be on the committee.
Model Rules reference: Rules 29 and 30 explain the nomination process and voting procedures at the Annual General Meeting (AGM).
10. Secretary of the Association
What it means: The specific duties and contact duties of the club's secretary.
Model Rules reference: Rule 35 sets out the secretary’s duties, such as keeping records and issuing meeting notices.
11. Treasurer of the Association
What it means: Who looks after the club's money and financial records.
Model Rules reference: Rule 36 requires the treasurer to keep financial records and prepare financial statements.
12. Filling Casual Vacancies
What it means: How to replace a committee member who quits or is removed mid-term.
Model Rules reference: Rule 33 allows the committee to appoint a member to fill a vacant position until the next AGM.
13. Calling General Meetings
What it means: How and when to tell members about Annual General Meetings (AGMs) and Special General Meetings (SGMs).
Model Rules reference: Rules 38, 39, and 40 dictate the notice periods and how meetings are called.
14. Notice for General Meetings
What it means: How much time members must be given before a meeting (e.g., 14 or 21 days).
Model Rules reference: Rule 41 explains the methods and timeframe for giving notice of meetings to members.
15. Quorum for General Meetings
What it means: The minimum number of members needed at a meeting to make valid votes and decisions.
Model Rules reference: Rule 42 establishes the formula for calculating your required quorum.
16. Presiding Member at General Meetings
What it means: Who leads the meeting (usually the President).
Model Rules reference: Rule 43 outlines who takes the chair at general meetings.
17. Making Decisions at General Meetings
What it means: How voting works (e.g., a show of hands or a poll).
Model Rules reference: Rules 44 and 45 outline voting rights, how a majority is calculated, and the use of a casting vote.
18. Committee Meetings
What it means: How often the committee meets and rules for calling committee meetings.
Model Rules reference: Rules 49 and 50 specify the quorum needed and how to give notice for committee meetings.
19. Financial Year
What it means: The 12-month period your club uses for its accounting and reporting.
Model Rules reference: Rule 66 allows the club to determine its own financial year (e.g., 1 July to 30 June)
