WA Incorporated Association breaches in the Act and remedies

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Peppercorn

Member
31 August 2018
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I’m a member of a medium not-for-profit incorporated sporting association and believe the management committee are in breach of nearly every section of the new Associations Incorporation Act 2015 (WA).

I have tried to raise these with the Committee but the President ordered that I only talk to the President and Vice President. At a meeting with the Vice I explained some of the breaches in the Act and that I was concerned in regards to penalties which could be imposed. The Vice said the Committee couldn’t be expected to know the law inside out. The Vice refused to take notes and declined to take copies of the relevant sections of the law which I had brought to the meeting.

The following week I received a very nasty letter accusing me of doing things I haven’t done which in my opinion was intended to keep me quiet.

I contacted Consumer Protection and the State sporting body who told me to raise my concerns with the membership at the AGM. In response to the Secretary’s request for topics I responded to all members stating I was concerned in regards to breaches in the law which could have serious financial and reputational implications for our Club and listed the areas in which I had concerns.

Since then President has gone on to slander me in newsletters (he doesn’t mention my name but it’s obvious he’s referring to me), he’s coerced members to give him and the other committee members their proxy vote, he has sent newsletters and newsflashes to all subscribers stating who they should vote for at the AGM and I have received emails from some members stating they are not concerned as I have a personal agenda or that my email was vexatious.

The AGM is tomorrow but it’s clear he has slandered me and lied to Members and breached confidentiality in regards to a complaint I made earlier this year. I do not believe they will listen to my concerns.

I am considering making a formal complaint to the Commissioner.

Any views, tips, pitfalls? Anyone know what the Commissioner is likely do in exercising his powers under the new Act? The Committee is in breach of pretty much all of the sections where substantial penalty fines may apply and I understand they will be personally liable.