Legislative Reform

Legislative reform work will relieve unnecessary burden on NFP community organisations. The two major pieces of legislation that government has committed to reform are:

  • the Fundraising Appeals Act 1998
  • the Associations Incorporation Act 1981

The Fundraising Appeals Act 1998

In 2009 the Fundraising Appeals Act 1998 became the Fundraising Act 1998 with a number of reforms designed to:

  • Clarify some sections of the Fundraising Act 1998
  • Introduce increased disclosure for fundraisers
  • Reduce the regulatory burden on fundraisers
  • Improve the administrative powers of the Director of Consumer Affairs Victoria

For a summary of the changes see the Director of Consumer Affairs Victoria's letter to all registered fundraisers (Word 31 kb).

You can view the full Fundraising Act 1998 legislation here.

If you have any further questions you can email Consumer Affairs Victoria or call them on 1300 55 81 81.

The Associations Incorporation Act 1981

In 2009 and 2010 there were significant changes to the Associations Incorporation Act 1981, with more underway.

The 2009 Amendments:

The amendment Act introduced amendments to the principal Act to improve the internal governance arrangements, including enhancing the rights of members of incorporated associations and enhancing the supervisory role of the Registrar of Incorporated Associations. For example, the Bill:

  • Improved the rights of members to access information about their incorporated association and its operations
  • Required outgoing office-holders and resigning members or committee members to return all documents and records of the association
  • Enhanced the role of the Registrar of incorporated associations as a statutory Body Corporate with enhanced powers, rather than a single person
  • Allowed for the voluntary cancellation of small incorporated associations
  • Merged the role of Public Officer and Secretary of an incorporated assocation
  • introduced new mandatory rules regarding members rights of access to the minutes and financial statements of an organisation

The 2010 Amendments:

  • Made further provision relating to the prohibition under the AIA against the distribution of profits by an association to its members
  • Enhanced governance arrangements for incorporated associations
  • Revised annual reporting requirements and audit thresholds
  • Repeal the limitations on trading by an incorporated association
  • Improve grievance and dispute resolution procedures for incorporated associations
  • Introduce a number of administrative amendments

The 2009 and 2010 changes will not commence operation until late 2012.

For further information on the Bills, refer to the Parliament of Victoria website or contact Consumer Affairs Victoria on 1300 55 81 81.


Back to the OCS Home Page
About the OCS
Sign up for our E-Bulletin
Contact Us

Top