Associations Incorporation Act 2009 No 7
Division 1 Committee members—general
28 Committee to be established
(1) An association must establish a committee to manage its affairs.Note.An association’s registration is liable to be cancelled if it does not comply with this subsection.(2) The committee must include 3 or more members, each of whom is aged 18 years or more and at least 3 of whom are ordinarily resident in Australia.Note.An association’s registration is liable to be cancelled if its committee does not comply with this subsection.(3) The committee may exercise such of the association’s powers as are not required by this Act or its constitution to be exercised by the association in general meeting.(4) A committee member’s acts are valid despite any defect in his or her appointment.(5) Within 14 days after vacating office, a former committee member of an association must ensure that all documents in his or her possession that belong to the association are delivered to the public officer for delivery to his or her successor.Maximum penalty: 1 penalty unit.
29 Register of committee members
(1) An association must keep a register of committee members in accordance with this section.Maximum penalty: 1 penalty unit.(2) The register must contain the following particulars in relation to each committee member:(a) the committee member’s name, date of birth and residential address,(b) the date on which the committee member takes office,(c) the date on which the committee member vacates office,(d) such other particulars as may be prescribed by the regulations.(3) The register must be kept in New South Wales:(a) at the main premises of the association, or(b) if the association has no premises, at the association’s official address.(4) Any change in the committee’s membership must be recorded in the register within one month after the change occurs.(5) The register must, at all reasonable hours, be kept available for inspection, free of charge, by any person.
30 Committee meetings
(1) An association’s committee meetings may be held as and when the association’s constitution requires.(2) If the association’s constitution so provides, a committee meeting may be held at 2 or more venues using any technology that gives each of the committee members a reasonable opportunity to participate.(3) In any legal proceedings, a committee meeting held in accordance with subsection (2), or part of such a meeting, is not to be declared invalid on the ground that one or more committee members did not have a reasonable opportunity to participate unless the court is satisfied that:(a) substantial injustice has been, or may be, caused, and(b) the injustice cannot be remedied by any other order available to the court.
30A Duty of committee members
It is the duty of each committee member to carry out his or her functions for the benefit, so far as practicable, of the association and with due care and diligence.
30B Personal liability of committee members
A matter or thing done or omitted to be done by a committee member, or by a person acting under the direction of a committee member, does not, if the matter or thing was done or omitted to be done in good faith for the purpose of exercising the committee member’s functions under this Act, subject the committee member or person so acting personally to any action, liability, claim or demand.