Incorporated associations must have rules, which are sometimes called a constitution. The rules are binding on the association and its members. Some associations have a further set of more detailed rules - called by-laws, ordinances or rules - that deal with administrative or procedural matters. These are also binding on the association and its members. The rules (including alterations to rules) must be sent to the Corporate Affairs Commission (part of Consumer and Business Services) for registration (this does not apply to the more detailed rules or by-laws). The rules of an association must:
A example of rules that can be adapted to suit your organisation is available from the Consumer and Busness Services website - but note that it mainly applies to groups with a general membership and a committee structure.
Alterations to the rules
An incorporated association may change its rules using the method set out in its rules. If its rules do not cover how to make changes, then section 24 of the Associations Incorporation Act 1985 (SA) applies, which states that the rules may be changed by special resolution of the association. 'Special resolution' is defined in section 3 of the Act. It is a resolution where 21 days written notice of the resolution has been given to all members, and where it has been passed by a three-quarters majority of members present at the meeting.
Within one month of making any alteration to its rules, an incorporated association must register the alteration with the Corporate Affairs Commission. If it does not, the association can be fined up to $1250.
An alteration to the name of an incorporated association does not come into force until it is registered. However, any other alteration comes into force at the time the alteration is passed, unless the rules or a resolution of the association state otherwise.
To register an alteration, the association must fill in the form called Registration of Alteration to Rules (form 6) and send it to the Corporate Affairs Commission (Consumer and Business Services) along with:
The forms are available online, and free of charge from the website of Consumer and Business Services.