- Parliament greenlights reforms for thousands of WA associations and co-operatives
- Changes to modernise and streamline how affairs are conducted
- Electronic meetings permitted unless rules state differently
Western Australia's incorporated associations and co-operatives will be able to conduct their affairs in a more efficient, streamlined and modern way, thanks to new laws passed by State Parliament.
Amendments to the Associations Incorporation Act 2015 will affect the nearly 17,000 not-for-profit groups currently operating as incorporated associations, while changes to the Co-operatives Act 2009 cover the State's 68 registered co-operatives.
A key change allows electronic meetings to be conducted, unless individual rules state differently, making participation and voting easier for members and providing greater access to individuals whose skills may support an organisation.
Another reform grants new powers to the Commissioner for Consumer Protection to cancel an association's incorporation when in the public interest and to manage its winding-up, including the settlement of debts and liabilities following liquidator payments.
Other significant changes include:
- allowing associations to reserve a name for up to three months when seeking incorporated status or undergoing a name change;
- limiting disclosure of personal information in member registers in certain situations, including when safety is a concern;
- enabling associations to appoint auditors for a set duration;
- access to small business restructuring provisions under the Corporations Act 2001 (Cth) to provide an alternative to winding-up in cases of financial difficulty;
- improved access to the State Administrative Tribunal for members appealing expulsion; and
- electronic signing allowed and clearer proxy voting rules for general meetings now included in the Co-operatives Act.
These reforms stem from a statutory review of the Associations Incorporation Act 2015, which included consultation with associations and their members. The changes to the Co-operatives Act 2009 were developed in consultation with the industry peak-body to boost member participation, particularly in regional WA.
More information on incorporated associations and co-operatives is available on the Consumer Protection website or by calling 1300 30 40 54.
As stated by Commerce Minister Dr Tony Buti:
"These reforms will modernise the operations of WA's diverse co-operatives and associations, including essential community pillars like sporting clubs, school P&Cs, volunteer groups and charities.
"Allowing virtual meetings and online votes will boost participation and inclusion, particularly for regional members and those facing other barriers to attending in-person.
"Associations will have far greater flexibility in auditor appointments thanks to this Bill. Moving away from rigid removal requirements, it allows for fixed-term period terms, streamlining a previously complex and lengthy process.
"Empowering the Commissioner to cancel an association's incorporation in the public interest, without needing to wait 12 months, will ensure more responsive and effective oversight."
