SA Compulsory Police Checks for Incorporated Association

[Les Laub]

Can incorporated associations bar members who do not have a National Police Check from its activities. The South Australian Astronomy Association now makes it compulsory for its members to have a police check to attend some of their functions. Is this lawful?

 

[John R]

Hi Les,

1. Have you asked the SA Astronomy Association to explain why a police check is now required for attendance at all events?
2. Is the mandatory police check requirement set out in the Constitution and/or Rules of the Incorporated Association? This is generally expected per SA Consumer and Business Services (CBS) Good Governance Checklist for Incorporated Associations.
3. Sidenote - If you are concerned about the protection of your personal information (privacy), you may also want to ask the SA Astronomy Association for a copy of their privacy policy to understand how they will use and securely store your police check.

Hope this helps.

 

[Les Laub]

The best I can get out of the organisation is this statement:
All members of the Astronomical Society of South Australia Inc (ASSA) who volunteer at any
public attended event organised and/or sanctioned by the ASSA are required to hold a
current National Police Check.

 

[John R]

Hi Les,
I'm only aware of section 30 of the Associations Incorporation Act 1985 (SA) that requires members of an incorporated association's committee to have no current/serious convictions.
Given that the Astronomical Society of South Australia (ASSA) statement sets out that a National Police Check is only required for members that volunteer at events, I can only imagine that this additional requirement is part of their Rules and risk mitigation strategy.

 

[Les Laub]

Would it therefore be a requirement to have the rule included in the constitution?

 

[John R]

Hi @Les Laub,
Sections 23 and 23A of the Associations Incorporation Act 1985 (SA) set out the legal requirements in relation to rules. That said, for a definitive answer, you'd be best to contact SA Consumer and Business Services (CBS) on (08) 8204 8514.

Further information: SA Consumer and Business Services (CBS) - Incorporated Associations.

Hope this helps. Please keep us updated with your progress.