On 3 September 2013 17:46, Petros <Petros.Listig@fdrive.com.au> wrote:
Quoting "Chris Samuel" <chris@csamuel.org>
> On 03/09/13 16:49, Petros wrote:
>
>> We want to present it to the AGM but if it does not get adopted it
>> isn't the end of it. We still exist, just with an outdated
>> constitution. As our president notes, it is still valid because it was
>> established before the new legislation went through (I believe him, I
>> did not check myself)
>
> The Consumer Affairs website says that if you have not notified them
> that you will be using your own locally determined rules by November 26th
> then the new model rules will apply to you whether you want them or not.

Only if you used the model rules before:

> http://www.consumer.vic.gov.au/contact-us/ask-a-question/incorporated-associations-how-have-the-model-rules-changed-under-the-new-law

 From 26 November 2013, the new rules will automatically apply to
incorporated associations currently using our model rules, unless they
notify us prior that they will create their own rules.

I don't know whether that is the case. Is LUV using model rules?

> One downside is that the new model rules require the register
> of members to include past members and the date of them leaving;
> they also require a minuted committee resolution to accept a new
> member into the association, which seems pretty clunky (and rules
> out mailing lists).
>
> There's nothing to stop LUV writing their own version of the
> model rules to suit it, but that would need an AGM/SGM to pass
> them (as was done by the Mt Burnett Observatory earlier this
> year).

Yes, that can include tweaks to registration. E.g. "probationary" via
e-mail, confirmed at a later state (e.g. committee meeting).

Regards
Peter

_______________________________________________
luv-main mailing list
luv-main@luv.asn.au
http://lists.luv.asn.au/listinfo/luv-main


Whilst IANAL, in another part of my life I'm the president of an incorporated that is going through similar issues with our own rules.  We've (I) been to two briefing seminars on the changes to the Associations Incorporation Reform Act 2012 plus sought other necessary assistance as needed from a community legal service.

The Associations Incorporation Reform Act 2012 came into force on the 26th of November 2012.  Assns. who had been using the old model rules were deemed to have automatically adopted the new model rules and did not have to do anything else to comply with the AIR act.

Assns. using their own rules have the following options:
 * Adopt the new model rules in place of your existing rules,
 * Adapt your current rules to comply with the AIR act (that now has 23 scheduled items that you must comply with compared with the previous 16), or
 * Continue using your current rules as is with the caveat that where your rules are deficient with respect to the AIR act, the new model rules are deemed to apply.

The 12 months between 26/11/2012 and 26/11/2013 is considered a transition period in which Inc. Assns. have to get their houses in order.

It might seem an onerous task but it's not that overly difficult. We were using our own rules but have decided to use the new model rules as a starting point and modify them to suit our rules.  There are some inconsistencies that you need to be aware of but the new rules have been designed to bring the rules inline with the way most assns. are operating in reality.

There are some good resources available at PILCHConnect (http://www.pilch.org.au/community_org/)

--
Colin Fee
tfeccles@gmail.com