Tuesday, 29 October 2013

Member for Davidson, Jonathan O’Dea has commended the Minister for Fair Trading Anthony Roberts for releasing a Discussion Paper Improving Governance within Incorporated Associations.

Mr O’Dea said incorporated associations are generally volunteer-run community organisations including sporting clubs, musical societies, and arts, crafts, and cultural groups.

“Incorporated associations play an important role in our communities and it is vital that they have the confidence of their members and the community.

“The NSW Government wants the public’s feedback on options around the governance of the 36,900 incorporated associations across the State,” Mr O’Dea said.

The Associations Incorporation Act 2009 provides small, non-profit and non-commercial organisations with a simple and low-cost means of becoming a legal entity, and also establishes a registration scheme for these organisations.

The Discussion Paper explores 10 focused governance solutions, including:

  • The appointment of independent returning officers in certain circumstances;  
  • Granting public warning powers to Fair Trading;  
  • Mandatory mediation before going to court; 
  • Mandatory practice directions and banning powers for the Commissioner for Fair Trading;  
  • Allowing a member of an association to apply to the Local Court for an enforcement order;  
  • Providing an oppressive conduct remedy;  
  • Disclosure of interests to be recorded in an association’s minutes;  
  • Cancellation of registration on the grounds it is in the public interest to do so; and  
  • Allowing Fair Trading to take action for misleading or deceptive conduct. 

“The NSW Government wants to see greater transparency and accountability without increasing the workload of incorporated associations.

“I encourage members of incorporated associations, and members of the public to download the Discussion Paper and have their say before 6 December 2013,” Mr O’Dea said.

Copies of the Discussion Paper are available at www.fairtrading.nsw.gov.au