VIC Changing to Constitution of NFP Incorporated Associations?

Discussion in 'Commercial Law Forum' started by phoebs, 20 August 2018.

  1. phoebs

    phoebs Member

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    Hello folks,

    I wonder if anyone with experience in Incorporated Associations could clarify for me who we would write to in order to lift an “executive order” in the context of the checklist item below (from the JusticeConnect NFP Checklist: Meeting new rules requirements for incorporated associations (VIC)).

    We are a small Student Union, and we have a rule in our Constitution under the old Act which provides Authority To Trade in accordance with section 51(4) of the Act, and then a rule which states that this rule must not be altered without the consent of the Minister administering the Act.

    The advice under the JusticeConnect checklist is:

    There is no longer any prohibition on trading by incorporated associations (the AIR Act does not mention trading). Section 51 of the old Act had a set of requirements that, if followed, allowed certain associations to trade. Some associations’ rules will contain provisions relating to these requirements (for example, an explicit rule providing that an association can trade). These rules are no longer required. In a few cases, some groups may have had particular requirements imposed on them in relation to their trading by an executive order made under section 51 of the old Act. Some groups were required by their order to notify a minister prior changing any rules about trading. Groups should consider if any extra requirements such as these may still exist. Groups that still have an order in place in relation to trading could seek to have the order revoked as the general prohibition on trading no longer exists.

    In this context, has anyone had experience writing to the Minister in order to have such an order revoked? Essentially I am just wondering about the wording etc, and who the request should go to in the first instance. Any pointers or experience appreciated. It seems too straight forward to require us to pay an external lawyer, but I have no experience in this specific area.

    Cheers
     
  2. Rob Legat - SBPL

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    Call the Minister's office at first instance, and ask if they have specific requirements for the request. They may direct you back to the Department - but then you've at least called the Minister's office and got that directly. The Minister and the Department are not interchangeable, and you could inadvertently feed a political fight if you go to the wrong place first.

    Once you get an idea on the requirements, follow them. If you get the run around, write a straightforward letter to the Minister requesting the relevant executive order be removed. You'll get an answer pointing you in a different direction if you've got it wrong: but at least you'll have a paper trail for when someone tells you to do a step you've already done.
     
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  3. Rod

    Rod Well-Known Member
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    And the relevant minister is the Minister for Consumer Affairs, Gaming and Liquor Regulation, VIC.

     
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  4. phoebs

    phoebs Member

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    Thanks folks. Seems I am on the right track, I rang the Minister's Office and left a message on Friday.

    Cheers
     
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