What is an Affiliated Association or League?
An affiliated Association or League is a not-for-profit incorporated association or company limited by guarantee, which has an interest in netball and is recognised as such by Netball Victoria (NV).
Benefits of Affiliating
Associations and Leagues that affiliate with NV are entitled to a range of benefits and services. These include:
• Coach Development and Pathways and Umpire Development and Pathways - Access to courses, resources, workshops, accreditation, talent identification (TID) and networking opportunities.
• Player Development and Pathways - NetSetGO, clinics, talent and VRAS Academies, State Teams, TID, competitions and tournaments.
• Competitions - Association Championships, State Titles, Masters, Mixed and Bupa Victorian Netball League.
• Community Development – Inclusion Programs, Sporting Schools Program, training and education, resources, support and information.
• Affiliate Development and Support – Management and administration resources and information, governance and policy resources and information, Netball Connect competition management software support, resources, training and education.
• Facility Development – Technical information and support, planning, development and project management support, funding application and advocacy for facility development.
• Regional Development – Regional staff based in Bendigo, Shepparton, Churchill and Geelong to provide support and information, assist in building and strengthening relationships within the community and advocate for advancement of netball facilities, programs and participation at a regional level.
• Metro Development Staff – Metro staff based at NV Head Offices as part of the Participation Team. The team provide support and information, assist in building and strengthening relationships within the community and advocate for advancement of netball facilities, programs and participation in the metro space.
• Opportunities to access new and innovative netball via Netball Victoria’s Short Seasons and Walking Netball.
• Each affiliate has full voting rights as defined in the Netball Victoria Constitution.
Conditions of Affiliation
Each Association/League must pay an annual NV Affiliation Fee by the date stated on the invoice. Each affiliated Association/League is required to:
• Administer a competition (a competition must consist of four or more teams).
• Complete the current NV Affiliation Process administered by the NV CRM. This includes the updating of contact details of key position holders at the association/league.
• Acknowledge they have read, understood and agree to the policy of the current affiliating year (via the online NV Affiliation Process).
• Comply with the NV Constitution and other relevant NV policies.
• Upload their constitution and bylaws on their CRM portal provided by NV.
• If requested by NV, upload annual financial return and their audited financial statements on their CRM portal provided by NV.
• Manage its individual membership(s) using the Netball Connect database.
• Actively manage its members by providing sound governance and management practices as per its constitution and bylaws and appropriate NV Policies, Regulations and Fair Play Codes of Conduct.
Netball Victoria Affiliation Fees are determined by participant numbers. Click here to review current affiliation fees.
• Get in contact with the Participation Team Member of your area and organise to meet so we can better understand your intent/interest to affiliate.
• NV will then send an application form to be completed by the potential affiliate. The completed application form must then be returned to NV.
• Once approved by the board, you will receive a ‘welcome’ letter which will outline the conditions, how long you will be affiliated for and what ‘region’ you will represent.
• The affiliate will have a profile created in Netball Connect and must agree to the IT User Agreement to access the Netball Connect system.
• Netball Connect training can be organised as required and if necessary.
The application form will include questions such as:
1. What is the history of your association?
2. Are you a registered incorporation?
3. Do you have an ABN?
4. Are you registered for GST?
5. What are the core values of your association?
The form will also include a variety of questions regarding your Competitions, Facilities, Infrastructure, Administration and Development Programs.
For further information, please contact the Participation Team via email@example.com.
To amalgamate means to combine or unite to form one organisation or structure. Possible reasons for amalgamation might be to:
▪ Increase the possibilities of securing government and other funding as one single body ie: to demonstrate strategic planning for both groups/sports.
▪ Streamline the management structure.
▪ Improve relations with and support from local Council when operating as one body.
▪ Improve growth and participation and avoid competition amongst each other.
▪ To gain financially and reduce cost.
What is the process for amalgamation of two incorporated bodies?
If two incorporated associations wish to amalgamate and form as one incorporation, they must follow the steps below:
The Executive Committees of both incorporated clubs/associations should meet to discuss and determine the reasons for a proposed amalgamation and the decide on the preferred option for amalgamation.
• Dissolve the existing organisations and form a brand-new organisation.
• The new Rules of Incorporation can set out provisional rules dealing with issues such as membership rights of the members of the old organisations, the assets and liabilities being transferred and the initial committee of the merged entity (including terms of office and rotation).
• A name can be chosen either to provide a link with past names or to create a new image. A name without links to the past may make it clearer that one Association has not taken the other over. Be aware that a new name may also mean a loss of goodwill attached to the old names. ie. everyone knows what a well-run “Sample” Association is.
• Use one organisation as the merger vehicle or continuing entity (with or without change of name) and wind up the other organisation.
• The Rules of Incorporation can also be changed (as indicated above) by inserting provisions or making permanent changes. Option 2 is often recommended as the preferred and more efficient method of merging. The merger organisation would normally be the larger of the two (in membership).
The minutes of the last meetings of bodies that have ceased to exist cannot be confirmed by a different body. These minutes can be read out as a matter of courtesy and for information purposes. The following is recommended to achieve Option 2:
• Establish a working group with representatives from both Associations. The role of a working group is to:
a) Recommend preferred option for merger
b) Recommend name of new entity
c) Establish guidelines for winding up one Association. Check the Rules of Incorporation of the Association that is winding up.
• Establish a timeline for implementation of merger.
• Establish the new Statement of Purpose and Rules of Incorporation (changing one of the documents already in place is recommended).
• Develop a plan to set the direction of the new club/association for the next 3-5 years. Developing a strategic plan in this way will also assist with securing funding from local Council and Sport and Recreation Victoria.
• Review and develop all relevant documents for the conduct of the new Association (By-Laws, meeting procedures, policies).
• Notify Consumer Affairs Victoria of changes to Rules of Incorporation, change of Name and Public Officer (if required) and winding up of one Association. You will need to login to your myCAV account to update these details.
• Conduct a meeting to elect office bearers for the new Association. For further information regarding the amalgamation of two or more incorporations, please see the Consumer Affairs Victoria website.
When starting a new netball club, there are many things you need to consider and potential legal obligations to overcome. This guide outlines some of your considerations. Please reach out to your local association or Netball Victoria Participation Team for more information.
Step by Step to Starting Your Club
• Establish a small group to carry out the tasks involved in establishing a club
• Make sure there is going to be an ongoing need for the club you may want to discuss this with the Association your club will align with or Netball Victoria.
• Understand the demographics of the area in which the club wants to be established and what are the barriers to them participating in Netball e.g. transport, uniforms, family commitments.
• Make sure you have a base for your activities. Are there Netball Courts available when you want to train? Contact whoever owns the courts (local council/school).
• Choose a name. Not be identical or similar to one listed on the Organisations and business names register on the Australian Securities & Investments Commission website.
• Determine if you want to incorporate. Incorporation provides protection to individual members in certain situations and gives your organisation the right to sign contracts, lease premises, operate bank accounts, receive grant monies from the government, and so on. Individuals will not personally be liable for the actions of the sports club. More information is available at Consumer Affairs Victoria on incorporation.
• Create rules and a purpose for your organisation In order to register your sports club as an incorporated association, you must have a written set of rules, or a constitution. View the Netball Victoria sample Constitution and Bylaws
• Draw up a budget
• Call your prospective members together to examine the draft rules and budget and to get an agreement on your objectives.
• Ask members to consider standing for office. The committee should consist of:
- President - someone who leads the club and who acts as a chairperson at club meetings
- Secretary - someone to deal with the administration work of the club
- Treasurer - who handles the finances (money) of the club. Small clubs or groups often combine the duties of the secretary and treasurer
- General members – two to four club members that share the workload in various ways (e.g. fundraising, membership, socials).
• Once your Club has addressed all the above and is ready to go, a Netball Victoria New Club Form is to be completed.
Netball Victoria will then link your club to the Association your teams will play at. NV will also setup your club and administrator profiles in Netball Connect, our Competition Management platform.
• Netball Victoria Committee Room - a dedicated space with access to information, tools and resources that will enable your club to shine.
• Lawpath - 5 Legal Requirements when starting a sports club
What is an ABN?
The Australian Business Number is a unique 11-digit identifier issued by the Australian Business Register which is operated by the Australian Taxation Office.
Do Sporting Organisations need to register for an ABN to achieve income-tax exempt status?
Yes, as of the 1st of July 2020 sporting clubs need to register for an ABN and apply for registration as a tax-exempt, not for profit association, otherwise they risk losing their tax exemption.
If I register for an ABN does this mean I also have to register for GST?
No, registering for an ABN does not mean that a club must also register for GST. If a club’s turnover is below $75,000 or $150,000 if they are not-for-profit, then the club is not required to register for GST. ATO - Do I have to Register for GST
It is important to note that some clubs would be better off registering for GST because of the ability to claim input tax credits on the goods and services purchased in connection with their activities. We advise that before registering for GST, we recommend that you seek advice from a CPA or CA Public Practice.
What is the cost to apply for an ABN?
The Australian Business Register (ABR) External site does not impose a fee for applying for an ABN online or by paper application. If you consult a tax agent to complete an application for you, they may charge a fee for their services.
How do you apply for an ABN?
You can apply for an ABN via The Australian Business Register (ABR) External site. Apply for an ABN
What is the cost to register for GST?
There is no cost involved in registering your business for GST once you have your ABN. If you consult a tax agent to complete the process for you, they may charge a fee for their services.
How do you register for GST?
Once you have an ABN, you can register for GST via:
• the ATO Business Portal
• phone to the ATO on 13 28 66
• completing the Add a new business account (NAT 2954) form. You can order one of these forms using the ATO online publication ordering service.
Australian Sports Foundation is the only sporting organisation in Australia to have deductible gift recipient status for sports. This means that all donations of $2 or more are tax-deductible! The Fundraising4Sport (F4S) program is a fantastic way to fundraise for Clubs, Associations, and Leagues or for individual athletes.
How much does it cost?
The Australian Sports Foundation is fully self-funded and because of this they only charge a small fee on all donations. They retain 5% for all online transactions and 6% for all cash donations.
How can your Club or Association benefit from F4S?
• Your organisation will receive a personalised fundraising page on their website, with online donation capability.
• Access to webinars, toolkits and success stories to inspire you to fundraise successfully.
• Pre-designed templates and format to make creating your campaign quick and easy.
• A partnership portal where you can complete your registration, upload new campaigns, see donation information, and complete any acquittals for funds received.
• Support and guidance from sports partnerships managers.
What information is needed to sign up?
You will need the following information for your initial application:
• Incorporation Certificate via a web link or uploaded document
• Details of an additional contact person for your application.
What can you fundraise for?
F4S-registered clubs and organisations can promote tax-deductible donations to fund things like:
• Purchasing or upgrading equipment
• Community and participation programs
• Hosting of sporting events
• Team travel
• Junior development pathways
• High performance programs for senior players
• Development and upgrades of facilities
• Coaching and support staff costs
For more information contact Australian Sports Foundation.
Annual General Meeting (AGM)
An annual general meeting is a meeting of all the members of an incorporated association which must be held once during each calendar year. Annual general meetings must be held within five months after the end of the association’s financial year.
The association must hold its annual general meeting after its financial year ends, to allow for the association’s financial statements for that year to be presented to members. The annual general meeting must be convened in accordance with law, using the procedures in the association’s rules. For more information about the rules, visit the Consumer Affairs Victoria Incorporated Association rules section here.
You may use any technology to help conduct general meetings. For example:
• online video communication.
A member who takes part in a general meeting through the use of technology has the same rights as the members who are present at the meeting, this includes voting rights.
Updating Association details in Netball Victoria's CRM
The NV CRM is the platform used to manage and maintain information about your association, it also ensures Netball Victoria has the most up to date contact details for each Affiliate. At your AGM the office bearers for the coming year will have been elected, please login to your profile to update details of Key Personnel. Click here to login to the CRM.
Associations and Leagues are responsible for determining a dress code policy
• This must be outlined in their competition By-Laws
• The policy should be manageable and consistent for all clubs/teams
• It is the Association/League’s responsibility to ensure that any uniform policy developed is appropriately implemented and administrated.
When determining a dress code, Associations/Leagues should consider the type of competition conducted (social/mixed/competitive) and the target market (type of participant you are catering for). The dress code should encourage participation, whilst maintaining the integrity of the competition.
Dress Code Example
The following can be used as a guide by Associations/Leagues:
Female Participants - Competition
(a) All players shall wear positional bibs/patches.
(b) All players shall wear a uniform of the same design and colour. This may include:
• Skirt, polo shirt or t-shirt and sport briefs
• Bodysuit and skirt
• Lycra Netball Dress
• Shorts and polo shirt or t-shirt. Shorts must be suitable for sport with no pockets or buckles
c) Bike pants/tracksuit pants worn underneath playing uniform should be permitted for medical reasons, cultural or religious beliefs or in wet/cold weather conditions.
(d) Appropriate sports footwear should be worn. Footwear needs to provide stability required for quick directional changes, features should include: lacing, non-flared midsole, rigid heel counter and durable grip which enables pivoting (pivot circle in sole).
(e) Socks should be worn.
(f) Gloves may be permitted for a medical condition (medical certificate required as proof) or in wet/cold weather to reduce the risk of injury. Gloves should be cotton, with no rubber grip on fingers or palm.
(g) Wide brimmed or legionnaires hats should be worn whenever practical.
Male Participants - Competition
(a) Male players shall wear shorts and a polo shirt or t-shirt with sleeves.
(b) Shorts must be suitable for sport with no pockets or buckles.
Male and female players to wear the same colour top and either skirt or shorts. As per the Equal Opportunity Act – in mixed competitions, females must be given the option to wear shorts.
Fingernails - One piece of tape over the top of the nail and one piece of tape around the nail.
Body piercing - Tape to fully cover ear, nose, eyebrow ring or any other pierced site.
Sponsorship on Uniforms
Netball Victoria reserves the right for Sponsor Identification on positional patches at all State events and competitions (ie. Association Champs, State Titles, VNL)
• Associations may offer sponsor identification on positional patches for any Association/League owned competition. Clubs/Teams should seek permission from the Association/League prior to placing club/team sponsor on positional patches.
• It may not exceed 64 square centimetres (cm2 /sq.cm) - any dimension combination, eg. 8cm x 8cm.
• There is no restriction on size for sponsor's name and/or logo on non-playing uniform.
• Identification of the clothing manufacturer on players and team officials clothing may only appear once on each article of the playing uniform. The maximum area not to exceed 16 sq. cm.
• If the clothing manufacture is also a sponsor, identification may appear in accordance with the sponsor guidelines.
(a) Players should wear contact lenses where possible.
(b) Glasses may be worn to play. Ideally these would be secured and made of a durable, unbreakable material. Players should discuss their individual situation with their Optometrist for professional advice.
(a) Wedding bands and/or medical alert bracelet may be worn and shall be taped.
(b) Body piercing (ears, nose, and eyebrow) which cannot be removed should be taped. No adornment that may endanger player safety shall be worn. (c) Ensure taping is satisfactory and appropriate sports tape has been used (no Band-Aids).
Associations/Leagues must recognise that where religious or cultural beliefs conflict with your standard dress code, modifications may be required. Associations/Leagues may encourage the colours of headscarves and other garments to be in accordance with the team/club official uniform. This may include, but is not restricted to the following:
• The wearing of traditional Muslim head scarf. Headscarves can be tied but not to be fastened with any pins or sharp objects.
• The wearing of leggings or tracksuit pants to cover legs.
• The wearing of a long sleeve top to cover arms.
Transgender and Gender Diverse
Netball Victoria support the guidelines for the inclusion of transgender and gender diverse people in sport. The following is from section 5.4 of the Guidelines, which outline how inclusion should be promoted through uniforms.
5.4 Uniforms All players should be able to play in a uniform in which they feel comfortable. While a uniform is an important part of sport, particularly team sports, players should be provided with an appropriate range of uniform styles and sizes. Schools are beginning to take this approach in relation to school uniforms. Sporting organisations can make their uniforms more inclusive by considering whether different men’s and women’s uniforms are necessary for their sport. If gendered uniforms are necessary, then sporting organisations should:
• Allow players to choose which uniform they would prefer to wear
• Ensure that appropriate sizes are available
• Design options that are suitable for different body types and shapes.
Any breach of the dress code policy should be outlined in the by-laws. Penalties may include:
• Removal of incorrect item.
• Hiring of uniform (eg.skirt) at a cost of $5.
• Loss of premiership points.
Note: teams cannot be deducted goals for incorrect uniform. Associations/Leagues are required to find alternative penalties. A warning should be provided in the first instance. It is the responsibility of the competition supervisor, or allocated person, to speak to the player about their uniform, not the umpires. Common sense should be used in all matters pertaining to dress code, nails and jewellery. Players want to play – ensure by-laws enable and include players, not exclude them.
When a payer makes payments to suppliers for goods or services to the business, those suppliers generally need to quote an Australian business number (ABN). They can quote their ABN on an invoice, or some other document that relates to the goods and services they provide. If a supplier does not provide its ABN, the payer may need to withhold an amount from the payment for that supply – this is referred to as 'no ABN withholding'.
Withholding from Payments for Supplies
Payers must withhold 47% (from 1 July 2017) from the total payment for a supply unless one of the following applies:
• Payers have an invoice or some other document relating to the supply on which the supplier's ABN is quoted
• The ABN of the supplier's agent is quoted (if the supply is made through the agent)
• One of the exceptions to withholding applies, or the supplier is not entitled to an ABN Payers may also be required to withhold 47% (from 1 July 2017) from the payment if they have reasonable grounds to believe that the ABN quoted is invalid – for example, it belongs to another entity. (i)
Exemptions from Providing and ABN
Certain suppliers are not required to quote an ABN to a payer. An individual or a business does not need to provide an ABN if one or more of the following applies:
- They are not carrying on an enterprise in Australia
- They are an individual under 18 years and the payment does not exceed $350 per week
- The payment does not exceed $75, excluding any goods and services tax (GST)
- The supply that the payment relates to is wholly input taxed
- They are an individual, and a written statement is provided to the payer to the effect that the supply is either:
- Made in the course of furtherance of an activity done as a private recreational pursuit or hobby, or
- Wholly of a private or domestic nature
- They are an individual or a partnership without a reasonable expectation of profit or gain
- They are not entitled to an ABN because they are not carrying on an enterprise in Australia
- The whole of the payment is exempt income.(ii)
Payments made by clubs and Associations/Leagues to umpires, coaches, supervisors, kiosk operators and the like, will usually be classified as an activity done as a private recreational pursuit or hobby. A hobby is a pastime or leisure activity conducted in your spare time for recreation or pleasure.(iii) Thus, these payees can fill in a Statement by Supplier form as the following should apply:
- They are an individual, and a written statement is provided to the payer to the effect that the supply is:
- Made in the course of furtherance of an activity done as a private recreational pursuit or hobby
Since the majority of your payees will not be in business and will therefore not have an ABN, Netball Victoria’s recommendation is to obtain a written signed statement from all your payees, regardless of the amounts you intend to pay them. You can use a Statement by Supplier form as this written statement. If they are genuinely conducting a hobby, your payee won’t object – especially as most payments relating to a hobby are also exempt from income tax. If they refuse to provide this statement and do not provide you with an ABN, you will have to withhold 47% tax from any payment you make to them.
i Australian Government - Australian Taxation Office. 2017. Withholding From Payments For Supplies.
ii Australian Government - Australian Taxation Office. 2017. Statement by a Supplier not Quoting an ABN.
iii Business.gov.au. 2020. Difference Between A Business And A Hobby.
What is Incorporation?
There are more than 38,000 incorporated associations in Victoria. They are clubs or community groups, operating not-for-profit, whose members have decided to give their organisation a formal legal structure. When a club or community group incorporates, it becomes a ‘legal person’ – that is, a legal entity that stays the same even if its members change. It can enter into contracts in its own name; for example, to borrow money or buy equipment and it protects the individual members of the association from legal liabilities. Victorian Incorporated Associations are registered with Consumer Affairs Victoria under the Associations Incorporation Reform Act 2012 (the Act). Please note, the following information should only be used as a guide. For more comprehensive information about Incorporation please visit the Consumer Affairs website.
What are the benefits of Incorporation?
One of the most significant benefits of incorporation is that it addresses the problem of legal exposure. Incorporation provides protection for members and office bearers against personal liability for financial obligations of the organisation, and liabilities arising from defamation (but not the individual who makes the defamatory statement). However, incorporation has specific compliance requirements which must be met. Organisations that do not fulfil these requirements will not receive the benefits of limited liability, should the matter arise.
Some of the other benefits of being incorporated include:
- Members and office bearers are protected against personal liability for the organisation’s debts.
- You can open a bank account and invest and borrow money.
- Your organisation can enter into contracts and agreements in its own name. This offers more certainty to potential contracting parties such as lenders, lessors, employees and suppliers of goods and services.
- Your organisation may be eligible to apply for a larger range of government and non-government grants.
What are the requirements of being incorporated?
- Your organisation may trade, but not in order to distribute profit to its members.
- Your organisation and its office bearers must comply with requirements in the Associations Incorporation Reform Act 2012, including accounting, auditing and annual reporting requirements.
- Your organisation must pay fees for incorporating and lodging some administrative forms. There may also be costs involved in meeting ongoing statutory obligations, such as financial reporting.
- Your organisation must either have its own procedure for resolving internal disputes or use the procedure in the model rules for incorporated associations.
When a group becomes incorporated and takes on the legal responsibilities of an organisation, the law states that a group of people (committee of management) must be appointed to look after the organisation. The committee of management is a major contributor to the governance of an organisation, and acts as the highest authority of that organisation. The Committee of Management is responsible for:
- Following and complying with the organisation’s constitution and by-laws.
- Setting the organisation’s policies.
- Monitoring the viability of the organisation’s finances.
- Vouching for the legality of the organisation’s operations.
- Overseeing the effectiveness of the organisation’s procedures.
- Providing leadership and direction.
What are the Roles and Responsibilities of a Netball Committee?
A committee is a group of people who are elected according to the rules or constitution of an organisation to run the organisation on behalf of the members and achieve the organisation’s objectives and goals. It is not the role of the committee to run the organisation, it is the role of the committee to ensure the organisation is run. The list below outlines some of the common responsibilities of a committee:
- Ensure the organisation is run according to its rules (constitution), purpose, policies and procedures
- Comply with all legislation, especially:
- Association incorporation legislation o Member protection, welfare and safety
- Fundraising legislation
- Food handling legislation
If you are on the committee, it is important that you understand the rules:
- Oversee the financial affairs of the organisation, ensuring the club stays solvent.
- Ensure the sustainability of the organisation financially and in terms of the number of participants and volunteers.
- Provide access to suitable facilities and community support.
- Create and manage a risk management plan that minimises risks associated with all the organisation’s activities, not just the sporting risks.
- Define and deliver the organisation’s objectives and strategic plan.
- Create your organisational culture and ensure expectations are met.
- Ensuring the sporting, competitive and social needs of members are met.
- Recruiting, empowering, recognising, rewarding and maintaining volunteers.
- Creating and implementing a succession plan for all roles within the organisation, ensuring that the next generation of volunteers are being identified, developed and trained.
- Regularly communicate with club members.
- Collect, protect, maintain and hand over critical information from one year to the next.
Netball Australia and each of the State/Territory Member Organisations respects your privacy and are committed to the protection of your personal information in accordance with the Australian Privacy Principles (APPs) set out in the Privacy Act 1988 (Cth) (Privacy Act). This legislation also impacts the way Associations/Leagues/Clubs handle information about individuals. It provides a national scheme for the handling of “Personal Information” by the private sector that we must all comply with.
Australian Privacy Principles
The Privacy Act 1988 (Cth) sets out rules of conduct called Australian Privacy Principles (APPs) which establish standards for the collection and handling of “personal information” (as defined by the Act) by Commonwealth agencies. The 13 APPs cover the collection, use, disclosure, quality, security and access to personal information. Please see below a short summary of what each APP covers from the Australian Government’s website:
- Anonymity and pseudonymity. Requires APP entities to give individuals the option of not identifying themselves, or of using a pseudonym. Limited exceptions apply.
- Collection of solicited personal information. Outlines when an APP entity can collect personal information that is solicited. It applies higher standards to the collection of sensitive information.
- Dealing with unsolicited personal information. Outlines how APP entities must deal with unsolicited personal information.
- Notification of the collection of personal information. Outlines when and in what circumstances an APP entity that collects personal information must tell an individual about certain matters.
- Use or disclosure of personal information. Outlines the circumstances in which an APP entity may use or disclose personal information that it holds.
- Direct marketing. An organisation may only use or disclose personal information for direct marketing purposes if certain conditions are met.
- Cross-border disclosure of personal information. Outlines the steps an APP entity must take to protect personal information before it is disclosed overseas.
- Adoption, use or disclosure of government-related identifiers. Outlines the limited circumstances when an organisation may adopt a government-related identifier or use or disclose a government-related identifier of an individual.
- Quality of personal information. An APP entity must take reasonable steps to ensure the personal information it collects is accurate, up-to-date and complete. An entity must also take reasonable steps to ensure the personal information it uses or discloses is accurate, up-to-date, complete and relevant, having regard to the purpose of the use or disclosure.
- Security of personal information. An APP entity must take reasonable steps to protect the personal information it holds from misuse, interference and loss, and from unauthorised access, modification or disclosure. An entity has obligations to destroy or de-identify personal information in certain circumstances.
- Access to personal information. Outlines an APP entity’s obligations when an individual requests to be given access to personal information held about them by the entity. This includes a requirement to provide access unless a specific exception applies.
- Correction of personal information. Outlines an APP entity’s obligations in relation to correcting the personal information it holds about individuals.
For further information on the Australian Privacy Principles and the Privacy Act, please visit the Office of the Australian Information Commissioner.
The following information is provided for Associations concerning incorporation legal requirements. Most of our Associations are incorporated but it is important you ask these questions.
1. Who is the public officer?
2. Are you the Association/Club Secretary? You could be the Public Officer and not know!
3. Has your Association/Club filed its Annual Return on a regular basis?
4. Did you know the Public Officer runs a personal risk if the Association defaults its requirements?
A public officer is a company's representative to the ATO and is responsible for the company's obligations under Section 252 of the Income Tax Assessment Act 1936. The public officer is responsible for the company complying with the act and is also liable for the same penalties as the company if there are any violations. Under the Associations Incorporation Act 1981 (Vic), every incorporated Association must elect a Public Officer. Unless otherwise provided for in the Rules of the Incorporation Act, the Public Officer of the Association is the person who is authorised to apply for the incorporation of the Association.
The Public Officer
- Must be a resident in Victoria.
- Must be at least 18 years of age.
- Is entitled to hold any other office in the Association (unless the Rules otherwise provide often is the Secretary).
The Office of the Public Officer becomes vacant if that person:
- Passes away.
- Resigns by notice in writing to the Committee of the Association (a change of secretary does not necessarily mean the Public Officer changes).
- Is removed by a resolution of the members of the Association (this should be done if you want the Secretary to be the Public Officer).
- Becomes bankrupt or enters into similar arrangements with his/her creditors.
- Becomes of unsound mind or a person whose estate is liable to be dealt with under the law relating to mental health.
- No longer resides in Victoria.
If the Office of the Public Officer becomes vacant:
- The vacancy must be filled immediately.
- Notification to the Registrar of Incorporated Associations, Consumer and Business Affairs Victoria, must be lodged within 14 days.
If an incorporated Association fails to comply, each member of the committee is guilty of an offence and liable to a penalty (not exceeding $500).
An Incorporated Association should refer to its Rules of Incorporation in regard to the process for ‘winding up’ an Association. The information below is from Consumer Affairs Victoria and more information can be found here.
Why Cancel or Wind Up?
An incorporated association may choose to cancel or wind up for a number of reasons, such as:
- Lack of members
- Loss of interest
- Fulfilment of its purposes.
Cancelling or winding up will help ensure an association’s assets are distributed lawfully. Unless Consumer Affairs Victoria cancels its incorporation, an association remains legally in existence even after it stops operating.
An association can only apply for cancellation if it:
- Has gross assets of less than $10,000
- Has no outstanding debts or liabilities
- Has paid all relevant fees and penalties
- Is not involved in any legal proceedings.
An application for voluntary cancellation can be made with Consumer Affairs by:
- An incorporated association that has passed a special resolution seeking cancellation.
- A member or former member (if the association is no longer operating).
- A statutory manager appointed under the Associations Incorporation Reform Act 2012.
- An administrator of the association (if the association is under voluntary administration).
The association must then lodge with Consumer Affairs:
- An Application for cancellation of incorporation confirming the above information.
- Any outstanding annual statements and the lodgement fee for each.
- A copy of the full set of meeting minutes (if a special resolution was passed relating to the distribution of assets).
- Proof of distribution of assets.
Voluntary Winding Up
If an association has assets of more than $10,000, it must wind up in accordance with the Commonwealth Corporations Act 2001. The members of an association can initiate the winding up. The process involves:
- Passing a special resolution to approve the association being wound up.
- Appointing a liquidator to manage the liquidation of the association's assets.
- Ceasing or selling its operations.
- Payment of its debts (if any).
- Distribution of surplus assets (if any).
An association can choose to wind up even if it has assets less than $10,000, but it must appoint a liquidator. If it chooses to cancel its incorporation, it does not have to appoint a liquidator.
Appointing a Liquidator
An association must appoint a registered liquidator to manage the distribution of assets. The Australian Securities and Investments Commission (ASIC) registers liquidators. To find a liquidator, visit the ASIC Connect website. The liquidator must lodge the relevant forms with Consumer Affairs; all of these forms are available on the ASIC website. For further information, please see Consumer Affairs Victoria’s website at https://www.consumer.vic.gov.au or contact them on 1300 558 181.