Associations—a new legislative framework for not-for-profits

Have your say on the review of the Associations Incorporation Act 1981 and Associations Incorporated Regulation 1999.

Many not-for-profit organisations in Queensland are incorporated as associations. The relevant legislation is over 30 years old, and due for review. Accordingly, in late-2010 consultation began on reforms to the Associations Incorporation Act 1981 following earlier changes in 2005-2007. Valuable feedback was received from the consultation paper released by Government.

Since then, the Commonwealth Government has announced significant changes to the national framework for charity and not-for-profit regulation.

These national reforms provide an opportunity to revisit the legal framework for associations, to reduce red tape and modernise requirements. Consequently, the Government has commissioned the Queensland University of Technology Australian Centre for Philanthropy and Non-profit Studies (ACPNS) to produce a paper on the issues facing modern incorporated associations. In the consultation, community opinion is sought on the possibility of wide ranging changes to the Act and Regulation.

Key areas seeking feedback on include:

• dispute resolution;
• voluntary administration;
• corporate governance principles, particularly the extent to which these should be applicable given changing expectations about the accountability of associations to government and the public;
• reporting requirements, including whether the current public register and tiered system of annual reporting are effective;
• the existing model rules, and if these could be expanded to assist associations access tax concessions and other government benefits; and
• the role of the Office of Fair Trading in assisting associations to comply with their legal obligations.

The Queensland Government invites associations, their members and the broader community to comment on the issues raised in the Paper.

Written submissions