What is a Constitution?
A constitution is a basic set of rules for the daily running of your group. A constitution can be extremely simple, containing only the basic outline to explain who you are, what you are set up for and important management matters.
- Explains to members and non-members what your group is about;
- provides guidelines for the daily running of your organisation;
- helps to sort out internal problems;
- is a legal necessity if your organisation wishes to become incorporated;
- can help in seeking resources from other organisations, such as a government agency; and
- allows your organisation to apply for a liquor license (will need to be incorporated).
The model rules
The Department of Commerce has produced a set of model rules (also known as a draft constitution) as a guide to assist groups to comply with their obligations under the Associations Incorporations Act 2015. A group may choose to create its own rules or follow the model rules (see resource below).
The Department of Mines, Industry Regulations and Safety – Consumer Protection, has developed model rules (also known as a draft constitution) as a guide to assist groups to comply with their obligations under the Associations Incorporations Act 2015.
The model rules are a standard set of rules that have been developed for use by associations who do not wish to develop their own rules. These rules meet all the requirements of the Act and provide a suitable governance framework for an incorporated association.
If your association chooses to use the model rules the only details you need to provide are:
- the name of the association;
- the objects of the association;
- the quorums for general meetings and committee meetings; and
- the association’s financial year.
It is not compulsory for an association to use the model rules. If you association decides to develop its own rules you may still wish to use the model rules as a guide.
Remember that if your association makes a change to the model rules (other than the items above), no matter how minor, the association is then considered to be using its own rules.
Further information can be accessed via the Department of Mines, Industry Regulation and Safety website (Formally Department of Commerce).