Temporary change to obligations of incorporated associations

The States and Territories have introduced some temporary changes affecting incorporated associations. The changes are in response to the COVID-19 pandemic and are to accommodate for new social distancing laws.

Incorporated associations in the ACT

ACT-based incorporated associations have been granted a 3-month extension on their Annual General Meeting (AGM) requirements, applicable up until 30 June 2020. The extension applies automatically, without the need to submit an application or request.

The legislative framework for incorporated associations in the ACT does not provide for holding of AGMs using technology. Accordingly, incorporated associations must make use of the extension period and hold their AGMs in person when social distancing restrictions are lifted and they are permitted to do so.

Incorporated associations in Victoria

The 3-month extension for holding an AGM is also available in Victoria, however, incorporated associations in Victoria must apply to the Registrar for a grant of extension. In Victoria, incorporated associations are able to make use of teleconferencing or videoconferencing technology to hold their member meetings. The only requirement for conducting meetings over technology, according to the Associations Incorporation Act 2012 (Vic), is that all members must be able to clearly and simultaneously communicate with each other.

A different extension is made available to incorporated associations in Victoria relating to financial audits. Again, an extension of time may be granted on the requirement to lodge financial statements if the incorporated association makes an application to the Registrar.

For assistance in organising your AGM, or advice in relation to COVID-19 and its impacts on corporate governance, contact Griffin Legal today.

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