- Reforms for associations and co-operatives introduced
- Electronic meetings to be allowed unless rules state otherwise
- New powers for Commissioner on winding-up and cancellation of associations
The Cook Government has introduced a Bill into State Parliament that will modernise and streamline how incorporated associations and co-operatives conduct their affairs in Western Australia.
Amendments to the Associations Incorporation Act 2015 will apply to WA's 17,000 incorporated associations, which encompass locally-based sporting clubs, community, social groups and professional associations. Changes to the Co-operatives Act 2009 will cover the 70 co-operatives currently registered in WA.
The changes will make it easier for associations and co-operatives to hold and vote at meetings electronically. Associations will also be able to reserve a name for up to three months while incorporated status is being sought or a name change is desired.
The reforms will also grant the Commissioner for Consumer Protection with broader powers to cancel an association's incorporation where it is in the public interest to do so and to take action on the winding up of an association, including discharging its debts and liabilities following payment from a liquidator.
Other changes include:
- restricting access to personal information contained in an association's member register under certain circumstances, such as where disclosure of information has safety implications for a member;
- allowing associations to appoint an auditor for a fixed period, as opposed to the open-ended arrangements that may arise under the current provisions;
- allowing for application of small business restructuring processes to associations as an alternative to winding up and administration provisions in the event of financial difficulty;
- improving access to the State Administrative Tribunal for former members who wish to appeal their expulsion from an association; and
- including provisions in the Co-operatives Act to explicitly permit electronic signing of documents and clarify aspects of voting by proxy at general meetings.
The reforms to the Associations Incorporation Act 2015 follow a statutory review of the Act, during which associations and their members were consulted about how well the current laws worked and where they could be improved.
The reforms to the Co-operatives Act 2009 are based on consultation with the industry peak-body and will support and build member participation in co-operatives, particularly in regional Western Australia.
More information on incorporated associations is available on the Consumer Protection website or by calling 1300 30 40 54.
As stated by Commerce Minister Sue Ellery:
"Associations and co-operatives make a vital contribution to the local community and more broadly to the economy of Western Australia.
"For associations and co-operatives, being able to conduct virtual meetings and take votes online will make it easier for members, especially those in remote areas, to participate in association activities.
"New powers will allow the Commissioner for Consumer Protection to dissolve inactive associations and the authority to distribute surplus funds on the voluntary winding up of an association, in the same way that funds can be distributed following cancellation of incorporation of an association."
