As featured in the latest edition of Bowler Magazine
Behind every well-run club is a strong constitution that is clear, current and compliant. If you can’t remember the last time your club updated its constitution, you may want to ask yourself:
- What aspects need updating or revision?
- How have our practices evolved over time?
- What changes do we plan to implement moving forward?
- What are the current legal and regulatory requirements?
Updating your constitution is a great way to ensure it is relevant, easily understandable for your club members and legally compliant.
The Associations Incorporation Act 1981 and Associations Incorporation Regulation 1999 provide ‘model rules’, which were most recently updated in July 2024. The model rules are a great framework, but may not address specific elements of your club’s culture, objectives, or governance.
Additional requirements apply to the constitutions and amendment processes of Community Club and Community Other licensees. For example, approval from the Office of Liquor and Gaming Regulation (OLGR) should be sought prior to lodging the changes with the Office of Fair Trading (OFT). Additionally, under the Liquor Act 1992, licensed clubs are required to have rules addressing the following points:
- Memberships types and applications;
- Voting entitlements and eligibility;
- Management committee’s annual term and election;
- Requirements of AGM presentations;
- Compliance with non-proprietary clubs’ requirements;
- Secretarial obligations and list keeping; and
- Additional rules for RSL or Services Clubs.
Every club is different, and in certain situations, some of the rules listed above may not apply to your licensed club. Accordingly, the Commissioner may grant written approval to amend those rules as needed.
Tailoring your club’s constitution and amendments can better reflect the specific needs of the members and support the club’s long-term goals. We recommend seeking advice from experienced professionals in the drafting process to ensure there are no hiccups when it comes to getting these changes approved by the OLGR and OFT.
Once the new constitution is drafted, it should be shared with the committee, the members of your club and then voted on by members at a general meeting, noting a special resolution of 75% in favour is required to pass the amendments. After this has been completed, you can proceed to lodgement with the OLGR and OFT within the legislated timeframes.
If your club wants to update its constitution, it’s important to tailor any new clauses to suit the club’s current and future needs. Whether you’re amending a few provisions or undertaking a full rewrite, our team can assist with drafting and ensure the correct notification process is handled efficiently and accurately.
Please contact me on (07) 3224 0353 if I can assist you with this.
