Associations Incorporation Act 2015 - Eligibility for SSPWA Committee

On 1 July 2016 the Associations Incorporation Act 2015 (AIA2015) commenced replacing the previous Associations Incorporation Act 1987. The AIA2015 provides for the regulation of incorporated not-for-profit organisations in Western Australia.

The AIA2015 includes requirements to ensure that only suitable persons are responsible for running an incorporated association. It is the responsibility of each individual to ensure they are eligible to act as a member of the Management Committee as per the Associations Incorporation Act 2015 (AIA2015).

Under the AIA2015 a person will be prohibited from sitting on the management committee of an incorporated association (without prior approval from the Commissioner for Consumer Protection) where they:

· are an undischarged bankrupt or their affairs are being managed under insolvency laws;

· have been convicted of an offence in connection with the promotion, formation or management of a body corporate;

· have been convicted of an offence involving fraud or dishonesty punishable on conviction by three months or more imprisonment; and/or

· have been convicted of an offence under Division 3 (the duties of officers provisions) or section 127 (the duty with respect to incurring of debt) of the Act.

A person will only be disqualified from sitting on a management committee for a particular period of time.

A person who is disqualified must not accept an appointment or act as a member of the management committee without seeking prior approval from the Commissioner for Consumer Protection. Application for approval can be made via AssociationsOnline.

An incorporated association can also take steps to ensure the processes in place for the election / appointment of committee members meet the requirements of AIA2015 and ensure all members of the committee are eligible under AIA2015 to hold their positions.

This may require an association to:

- ensure the rules and provisions are consistent with the requirements of AIA2015;

- help make potential committee members aware of these requirements;

- it is the responsibility of each individual to ensure and declare they are eligible to act as a member of the Management Committee as per the Associations Incorporation Act 2015 (AIA2015).

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