WHAT'S THIS ABOUT
- Recent legislation has prompted a Review of certain articles contained within the QSDCA Rules (aka The Constitution.)
PROPOSAL
- To add some new sections required as required recent Incorporations law changes.
DISCUSSION
This project has been coming for a while.
The Constitution we have dates from the 90's when the association was first Incorporated. Since then it's been a bit 'set and forget'. This is not a big surprise since, mostly, it's a pretty boring read (frankly).
The QSDCA Constitution can be read in its entirety here
In 2019 the Queensland Government passed new laws about additions to the Constitutions of Incorporated Associations. The plan looked like several new provisions were to be added to all such associations' constitutions.
Here's what the Qld Government says... (I can't understand this but it looks official. I guess.)
Grievance Procedure as of 1 July 2024
Financial Reporting Thresholds and Remuneration Disclosure as of 1 July 2023 or earlier
So superficially at least.... we need to update our Constitution to comply with new laws.
The committee has been very lucky to get some insight from committee members Chris White and Kanchan Banyopadhyay recently.
Chris has provided a QSDCA Rules Review Summary.
To read click here
This carefully analyses the compliance of the QSDCA Constitution with the recent amendments to the law called the Associations Incorporations Act 1981, the last of which were effective from 1 July 2024.
This summary analyses exactly what the law requires about the new amendments.
To be honest the answer is a bit hard to understand, probably because it is kind of complicated.
Surprisingly, the conclusion is we don't have to add the new sections required by the new laws but if we don't and, say, a grievance arises we will be obliged to follow whatever the model rules for incorporated associations (which is a thing the Incorporations Act provides) say about grievance procedures.
Which might be unexpected and surprising, I guess.
In addition, Chris has provided a QSDCA Rules Analysis
To read click here
This details the compliance of each section of the current QSDCA Constitution.
It recommends two main things to examine (Grievance Procedure and Financial Reporting Thresholds/Remuneration Disclosure) (but says they're not legally demanded either.)
INSERTIONS FOR QSDCA CONSTITUTION COMPLIANCE (Effective 1 July 2024)
Kanchan came up with these texts. He didn't say it but I think he used ChatGPT or some kind of AI to generate them. Which isn't wrong... it's just unusual to me.
STOP PRESS: Chris provided an updated and more detailed Grievance Procedure which has been inserted into the proposal.
These proposals fall into one of two categories.
- New clauses to be inserted to address the legislatively required updates.
- This includes Rules 9A, 20.2 j, 32.11, 32.12
- Minor procedural rule changes
- Changing "shall" to "may" in a provision to deal with absent committee members (Rule 11.4)
- An amendment to authorize modern transaction methods. (Rule 32.4A)
| What does this mean? | PROPOSED NEW ARTICLES |
| [New Clause – Rule 9A Appeal Against Rejection, Suspension or Termination of Membership ] | 9A.
GRIEVANCE PROCEDURE |
| Clause explicitly provides a grievance or dispute resolution procedure as mandated by Section 47A of the Act (as of 1 July 2024). | 9A.1 This procedure applies to disputes between: |
| New, more detailed update inserted 13-Jul-2025 | 9A.2 This procedure applies to disputes arising under the rules of the Association, including: |
9A.3 Notwithstanding 9A.2, the Grievance Procedure cannot be used: |
|
9A.4 Prior to initiating a grievance procedure, the aggrieved party must notify the other party of the dispute within 14 days of, or becoming aware of the conduct, decision or alleged breach giving rise to the dispute. |
|
9A.5 Parties to a dispute must, in good faith, attempt to resolve the dispute prior to initiating a grievance procedure. |
|
| 9A.6 Where the parties have attempted to resolve the dispute but been unable to do so, one or both of the parties may initiate a grievance procedure by submitting their complaint, within 30 days of the dispute arising, to the Secretary. | |
| 9A.7 The Management Committee will appoint an impartial person to facilitate resolution. | |
| 9A.8 Where informal facilitation fails to resolve the matter, the matter will proceed to mediation by an independent mediator agreed by the parties, or where the parties are unable to agree, determined by the Management Committee. | |
| 9A.9 Where mediation fails to resolve the dispute, the matter may be referred to a subcommittee or external arbitrator with jurisdiction for final determination in accordance with relevant legislation. | |
| 9A.10 All proceedings, communications and documents relating to a grievance procedure are confidential. | |
| 9A.11 All costs incurred shall be the responsibility of the individual parties to the dispute, including but not limited to: a) costs incurred or incurred by the Management Committee, b) engagement of a mediator and associated mediation processes, and/or c) Legal costs arising. |
|
| 9A.12 The Management Committee does not have to act under rule 9A if: a) the aggrieved party has, within 21 days before initiating the grievance procedure, behaved in a way that would give the management committee grounds for taking disciplinary action under the rules against the aggrieved party in relation to the matter the subject of the grievance procedure; b) before the grievance procedure was initiated, a process had started to take action under the rules against the aggrieved party or terminate the aggrieved party’s membership, as provided for under the rules, and the dispute relates to that process or to a matter relevant to that process; c) the dispute relates to an obligation under the Liquor Act 1992 or any other State law to prevent the entry of the aggrieved party to, or to remove the aggrieved party from, premises used by the association, or to refuse to serve liquor to the aggrieved party at the premises; or d) the dispute could reasonably be considered frivolous, vexatious, misconceived or lacking in substance, or relates to a matter that has already been the subject of the grievance procedure. |
|
| [Amendment to Rule 20.2 – Agenda for Annual General Meeting] Clause requires disclosure of remuneration or benefits received by committee members or senior staff. |
j. To disclose any remuneration paid or benefits given to members of the Management Committee, senior staff, or their relatives for the previous financial year, including a statement where no such benefits were provided. |
| [New Clause – Rule 32.11 under Funds and Accounts ] This statement must be presented at the Annual General Meeting and recorded in the meeting minutes. If no remuneration or benefits were paid, a statement to that effect must be provided. |
32.11 DISCLOSURE OF REMUNERATION The
Association must prepare an annual statement showing the aggregate
amount of: |
| [New Clause – Rule 32.12 under Funds and Accounts ] The Management Committee shall ensure that appropriate financial statements, audits or verifications are prepared and lodged as required for the Association’s classification. |
32.12 FINANCIAL REPORTING BASED ON ASSOCIATION SIZE The Association will comply with financial reporting requirements as set by the Associations Incorporation Act 1981, based on its classification as: a) A large association, if it has current assets of $1,000,000 or more or total revenue of $500,000 or more; or b) A small association, if it has current assets of less than $300,000 or total revenue of less than $150,000. |
| [ Amendment - Changing "shall" to "may" to a provision to deal with absent committee members ] | |
| 11.4 Should any member of the Management committee who is absent for three consecutive meetings of the Management committee, without having obtained leave of absence from the Management Committee, such members' position on the Management Committee shall automatically become vacant. That position may be filled in accordance with these Rules relating to casual vacancies. | 11.4 Should any member of the Management committee who is absent for three (3)
consecutive meetings of the Management committee, without having
obtained leave of absence from the Management Committee, such members'
position on the Management Committee may by a vote of a quorum of the Management Committee be declared vacant. 11.4A That position may be filled in accordance with these Rules relating to casual vacancies. |
[Amendment – Modernising Transaction Methods – Insert after Rule 32.4 under Funds and Accounts ] This clause applies in addition to Rule 32.4 and recognises the validity of modern financial transaction methods in accordance with the Association’s internal controls and banking policy. |
32.4A ELECTRONIC BANKING AND PAYMENT METHODS All payments or disbursements over twenty dollars ($20.00) may be made by electronic funds transfer (EFT), BPAY, or other secure electronic banking methods, authorised by two signatories approved by the Management Committee. Digital authorisation records must be retained with financial records. |
Big thanks to Chris White and Kanchan Bandyopadhyay for their input to this entry.
ABM 5-Jun-2025
(Updated 1-Jul-2025,
11-Jul-2025, 13-Jul-2025)
Back to INTRODUCTION
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