Model Rules for Incorporation Qld.
Sample documentation that can be used to create the clubs constitution.
To setup a Not For Profit (NFP) group the first step is to create a constitution based on the model specified by the Queensland Government.. This is usually achieved by taking the model rules from the Queensland Government web site and adopting most of the standard conditions from this model document. The standard conditions include (1) the position of president, secretary, and treasurer, (2) meetings and (3) how to operate the financial matters according to current legislation.
Variations occur as the constitution takes into account local conditions such as the venue, number of meetings and defines the responsibility of committee members. If the model conditions are adopted with little changes then there will be almost no need to get a lawyer involved. There are strict rules that must be obeyed in setting up and amending the constitution so try not to make changes to the standard rules as the standard rules are written to conform with current legal practice in Queensland. In comparison with multi district clubs, autonomous single location NFPs are simpler to control..
Bye-laws can be specified to implement local rules and conditions(as an option). Bye-laws can be amended without changing the constitution.
The rose groups in Queensland are separate but have a loose association through an affiliation arrangement.
To help clubs the model rules documents can be downloaded from the Queensland government web site and appear in two downloadable forms.
Model Rules as a PDF,
the simplest form for on line viewing
Created 20 February 2015 .....Updated 22 February 2023
Model rules as a Word Document,
the boiler plate version when you want to modify an create your own constitution
Created 20th Feb 2015 per website...... Updated 22 February 2023
Application for NFP constitution to the Office of Fair Trading
Interactive PDF form with fields and notes for online submission
1st July 2019 effective 20th August 2020 per web site 6th January 2021
Changing Club details Officers and Addresses PDF
Fill out this form to tell us when your office bearers change, or if the association (or any of its office bearers) has a change of address.
Created 20 February 2015... Updated 19 August 2021
Model Rule changes from Office of Fair Trading
Bill Henman April 2023
All garden clubs are required to include these new rules into their Model Rules or Constitution with changes that became law on 22 June 2022.
Using a common seal
Using a common seal is now optional for incorporated associations when executing contracts and documents. The association will need to amend its rules to specify it will not use a common seal
Secretary must be 18 or older
The secretary of an association must be 18 or older to help improve the internal governance standards for associations. This will align with other management committee members.
Clarifying duty of care and diligence
The standard of care and diligence that management committees are expected to apply will be better clarified to help management committee members and officers undertake their duties and exercise their powers. Penalties apply.
Duty to prevent insolvent trading
Members of the management committee have a duty to prevent the association from incurring a debt if there are reasonable grounds to expect that the association is insolvent or will become insolvent if the debt is incurred. Penalties apply.
Not profiting from position
A committee member or officer of an incorporated association must not use their position, or information obtained from their position, to:
- gain a benefit or material advantage for themselves or another person
- cause detriment to the association.
Disclosure of material personal interest
Management committee members will have to disclose when they have a material personal interest in a matter being considered at a management committee meeting, to the management committee as soon as they become aware of the interest and to members at the next general meeting of the association.
Extend powers of OFT inspectors
The application of the Fair Trading Inspectors Act 2014 now have entry and seizure powers, including the power to enter a place where an incorporated association carries out its activities, holds its meetings or keeps its records.
Clubs should also consider the level of public liability insurance and maybe director/officers insurance. QCGC does not provide any insurance services.
Form a committee to review the constitution and make amendments that must be approved by this committee. Then call a meeting to ratify the constitution by an appropriate motion at that meeting. make sure all members are notified according to the law. As soon as possible after the constitution has been passed, the secretary or president submits the constitution to the Office of Fair Trading (OFT) with an appropriate fee. Allow at least a month for approval from OFT. OFT may ask for changes so be flexible and make sure the documentation is done properly as Government Departments can be difficult.
Allow about a month per letter to the OFT
Clubs should also consider the level of public liability insurance and maybe director/officers insurance.
QCGC does not provide any insurance services.
Disclaimer: Whilst every effort is made to publish accurate information, QCGC accepts no responsibility for statements made, opinions expressed or recommendations for of commercial products.