Constitution and association name

A constitution is a standard set of rules that all members must follow.

It sets out how you operate and is a contract between the association and its members.

Read below to find out more. You can also watch the video .

Get a printable fact sheet PDF (3.0 MB).

What to include

Ensure your constitution has annexure “A” on the front page and is accompanied by the required statutory declaration.

The constitution should include the following information:

• minimum number of members
• objects and purposes of the association
• membership eligibility
• categories of membership and the rights for each category
• committee details and its powers
• creation of executive offices and how they will be filled
• how you will:
  • settle disputes between the association and its members
  • conduct meetings
  • manage funds
  • change, add or rescind the constitution
  • change the objects or purposes of the association.

You can use the model constitution template or draft your own.

The model constitution has been written to meet legal requirements and help you identify how you want to operate.

Get the model constitution template.

For new associations, once the constitution is drafted, go to start an incorporated association and proceed with Step 3.

Changing the constitution

If you want to change your constitution or association’s name, you must follow a certain process.

You can change your constitution if the membership agrees by a special resolution. This can be done at a:

• general
• annual general
• special general meeting.

You may also need to advertise the change.

Change the association's name

If you want to change your association’s name, you must :

• not use an unauthorised name
• ensure no other entity is using the name
• have ‘incorporated’ at the end of the name.

You will then need to follow the same process as changing a constitution.

How to apply

To change your constitution, follow the steps below.

You can also get a amending the constitution checklist.

Step 1. Notify members

You must notify members of the proposed changes by following the process set out in the current constitution.

Usually, notice to members is by email with at least 21 days’ notice of the special resolution.

You should include the current constitution, the proposed change and a table with the changes. The table should advise:

• what the current version clause and wording is
• the new wording
• why the change is necessary.

This will allow the membership to make an effective decision.

Step 2. Hold a meeting

Discuss the change at the planned meeting and get member approval.

Step 3. Submit the change

The public officer must submit the change within 28 days of the meeting.

You can apply online, by email or in person.

Online

You must be ‘linked’ to the association to apply online.

If you’re already linked, apply at licensing online.

Attach supporting documents

You must attach the following supporting documents:

• meeting minutes
• change of constitution statutory declaration
• constitution with annexure 'A'.

You will be prompted to pay the prescribed fee.

Email or in person

To apply by email or in person, follow these steps:

Step 1. Fill in the change of constitution application.

Step 2. Fill in the amend a constitution statutory declaration form.

Step 3. Attach supporting documents. You must provide:

• your completed application
• meeting minutes
• change of constitution statutory declaration
• constitution with annexure 'A' DOCX (18.1 KB).

Step 4. Submit your completed application and pay the fee at your nearest TBC.

After you submit

Your application will be assessed and checked for compliance under the Associations Act 2003.

Once actioned, the association will be notified in writing.

Advertise the changes

In some cases, you might need to advertise a change.

You must advertise if you’re changing:

• the association’s objects and purposes
  • for example, changing from an educational to a medical association
• member liability
  • for example, increasing member contribution to the association’s debt.

Contact

Contact the associations team.