Incorporated associations

Incorporated associations

South Australia

SA Associations Incorporations Act 1985

Most community local sporting clubs are established as incorporated associations. Incorporation is a voluntary, simple and inexpensive means of establishing a legal entity, separate from the individual members.

In South Australia, incorporated associations are governed under the Associated Incorporations Act 1985.

Consumer and Business oversees the Associated Incorporations Act 1985 and provides a highly informative website for clubs who have registered or considering registering as an incorporated association. The Consumers and Business services webpage can be accessed by clicking here

Key Responsibilities
The Associated Incorporations Act 1985 provides registered clubs and associations with guidance and direction on the following topics:

  • Forming an incorporated association
  • Financial Reporting Requirements
  • Approval of auditor
  • Public officer responsibilities
  • Legislation for associations
  • Membership
  • Responsibilities for running a meeting

Appointment of office holders

The following information should be treated as a guide only. Your club should contact Consumer and Business or seek advice specific to the needs of your club when considering its obligations under the Associations Incorporation Act 1985

Public Officer/Secretary

Public Officer Notification. If there is a new secretary this must be notified to Consumer Affairs and Fair Trading within one month

Ensure your nominated club secretary understands their obligations

Prepare the minutes from the recent AGM.

It must contain a copy of the financial statements, Committee Certification Statement and the report associated with any review conducted of the financial accounts.

Lodge your club’s Annual Statement within one month of the AGM (therefore at the very latest within 5 months of the end of the club’s financial year)

If there were any Club Rule/Constitution changes approved by members at the AGM, your club must lodge with Consumer and Business Services within 28 days.

Annual General Meeting
Read your club rules/constitution to determine:

  • When to hold the AGM
  • Who is invited to the AGM
  • Notification Dates
  • Any Audit/review requirements of financial accounts in the club/rules constitution

Ensure the club’s membership database is updated to know who must be invited to the AGM, who is eligible to nominate for committee positions, and who can vote at the AGM.

Identify if there are going to be any resolutions or special resolutions to be presented to members . If so review club rules/constitution and the Associations Incorporation Reform Act 2012 about notification and voting requirements relating to the resolutions.

Financial Reporting

Association Secretary to review Associations Incorporation Act 1985 to determine if the Association legally required to have their financial accounts reviewed/audited.

If accounts to be reviewed appoint/contact auditor/accountant to schedule audit/review.

Treasurer to prepare the clubs financial accounts.