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NSW Associations Incorporated Regulation 2022 has commenced

New laws started on 1st September 2022.

A new Regulation* for NSW incorporated associations was implemented on 1 September 2022. This followed a review, public consultation and feedback process earlier this year.

The new Regulation keeps many of the existing rules and introduces some new requirements.

What has changed?
The changes include:

Postal ballots or electronic ballots
We have made several minor changes to the postal and electronic ballots process. This improves flexibility and operational guidance by clarifying the obligations of committee members and the returning officer.

Model constitution
Changes to the model constitution include:

  • clarifying the obligations of entrance fee payments

  • clarifying the process of filling casual vacancies by the committee

  • allowing associations greater flexibility to conduct business outside of meetings.

We have also made it easier to read and understand.

Download the new model constitution.

How does this apply to my association?
If your association used the model constitution before 1 September 2022, then the changes will automatically apply.

If your association has adopted its own constitution which doesn’t cover one or more of the required items addressed by the Act**, then the relevant parts of the model constitution will apply.

For information on what you need to include in your constitution, visit our online About the constitution page.

What do we need to do?
This is a good opportunity for you to review your constitution and decide if it still meets the needs of your association.

If you already use the model constitution, the changes will automatically apply and you don’t need to do anything more at this time. Download the new model constitution.

If your association wishes to amend its constitution, or to adopt a new constitution it can do so by passing a special resolution. Information about this can be found online, under the heading How is the constitution changed?

Where to find a summary of the public consultation
The Associations Incorporation Regulation 2022 was drafted and gazetted following public consultation in June–July 2022 with over 733 responses. You can find a summary of the consultation on our Have your say/associations page.

To find out more about what the changes mean for your association

Taken from Media Release, 19 September 2022
Registry and Accreditation
NSW Fair Trading, Department of Customer Service

* Associations Incorporation Regulation 2022. The regulation that supports the Associations Incorporation Act 2009.
** Schedule 1 to the Act

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