NSW Questions on NFP Incorporated Association Constitution

[Typ]

I understand the a NFP Incorporated Association’s Constitution is a legally binding contract, according to NSW Fair Trading.

1. If the Secretary of an Association has called a Committee meeting, but has refused in writing to send out an agenda before the meeting, as required by the constitution, does this make the meeting invalid and unconstitutional? If so, If a quorum goes ahead anyway, is anything voted on at the meeting null and void?

2. If a new Committee has been voted in, but not had its first meeting, can the Secretary Call a Committee meeting, but refused to allow the Committee have I put on the date, time and location, saying it’s not a standard Committee meeting, but an extra meeting?

Thanks in advance.

 

[Rob Legat - SBPL]

I have found that, in general, the operation of incorporated associations is given a lot of leniency. If no-one is being disadvantaged by the shoddy decision - no one seems to care that it wasn't done completely correctly. And, by no-one, I mean the regulators. Even if there is some disadvantage on a minor scale, or only affecting a few people, it will likely also be overlooked. The rationale seems to be a mix of "too hard" and "they're volunteers, they're doing the best they can".

The way to deal with it practically is:
- If lots of other people are griping about this person, get them removed and replaced with someone who will do the right thing; or
- if few/no other people are upset by this, decide for yourself whether you can live with the situation overall. If not, you might need to move on to save your own sanity.

 

[Typ]

Could I go and see a lawyer to get legal advice on the issues? It’s destroying the group, and the process of removing someone is complex and time consuming.

 

[Rob Legat - SBPL]

Of course you can, but it will likely be a cost you have to bear without a significant prospect of reimbursement.