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The law, state by state


The following table will help you determine what legally needs to go in your annual report.

There may also be provisions governing reporting in your own constitution; look it up.

You will also have reporting responsibilities to your members. The exact terms of these responsibilities vary slightly from state to state, but are similar in outline.


State Requirements
ACT

At each Annual General Meeting of an incorporated association the following documents must be presented by the committee for the consideration of the meeting:

(a) the audited statement of the association's accounts for the most recently ended financial year of the association;

(b) a copy of the auditor's report to the association in relation to the association's accounts for that financial year;

(c) a report signed by two members of the committee stating -

    (i) the name of each member of the committee of the association during the most recently ended financial year of the association and, if different, at the date of the report; and

    (ii) the principal activities of the association during the most recently ended financial year and any significant change in the nature of those activities that occurred during that financial year; and

    (iii) the net profit or loss of the association for the most recently ended financial year.

NSW

At each Annual General Meeting of a Tier 1 association, the association's committee must cause:

(a) the association's financial statements for the previous financial year, and

(b) the auditor's report for those statements,

to be submitted to the meeting.

At each Annual General Meeting of a Tier 2 association, the association's committee must cause the association's financial statements for the previous financial year to be submitted to the meeting.

Tier 3 associations don't have to report at all unless they want to.

NT

In the Northern Territory, the laws are identical to the ACT.

QLD

For level 1 and some level 2 associations the members of the management committee must ensure the association, within six months after the end date of each financial year -

(a) prepares a financial statement for its last reportable financial year; and

(b) has the financial statement audited by -

    (i) for a level 1 incorporated association - an auditor or an accountant; or

    (ii) for a level 2 or level 3 incorporated association mentioned in subsection (1)(b) or (c) - an auditor, an accountant, or an approved person; and

(c) presents the financial statement and the signed report on the audit (audit report) to the association's Annual General Meeting for adoption.

For other level 2 incorporated associations that are not required to have an audit conducted under the Collections Act 1966, the Gaming Machine Act 1991 or under any law for any other purpose the members of the management committee must ensure the association, within 6 months after the end date of each financial year -

(a) prepares a financial statement for its last reportable financial year; and

(b) presents to the association's Annual General Meeting for adoption -

    (i) the financial statement; and

    (ii) a statement signed by an auditor, an accountant, or an approved person, that states -

      (1) the person has sighted the association's financial records; and

      (2) the association's financial records show that the association has bookkeeping processes in place to adequately record the association's income and expenditure and dealings with its assets and liabilities.

For Level 3 incorporated associations that aren't required to have an audit conducted under the Collections Act 1966, the Gaming Machine Act 1991 or under any law for any other purpose, the members of the management committee must ensure the association, within six months after the end date of each financial year -

(a) prepares a financial statement for its last reportable financial year; and

(b) presents to the association's annual general meeting for adoption -

    (i) the financial statement; and

    (ii) a statement signed by the association's president or treasurer that states the association keeps financial records in a way that properly records the association's income and expenditure and dealings with its assets and liabilities.

SA

A prescribed association (income over $200,000) has a very long list of things to do, which you can find here. If you're not prescribed, you can follow your own wishes in this matter.

TAS

In Tasmania, you have reporting obligations to Consumer Affairs and Fair Trading Tasmania, but not to your members.

VIC

At the Annual General Meeting of an association, the committee must submit to the members the financial statements for that financial year.

The financial statements must -

(a) give a true and fair view of the financial position and performance of the association during and at the end of its last financial year; and

(b) have attached a certificate in the prescribed form signed by two members of the committee certifying that that is the case.

WA

An incorporated association shall submit to its members at the Annual General Meeting of the association accounts of the association showing the financial position of the association at the end of the immediately preceding financial year.


If you are a registered charity, you also have to heed the reporting guidelines laid down by the Australian Charities and Not-for-Profits Commission (ACNC)*. Reporting obligations include submitting an Annual Information Statement (AIS) and, depending on the size of your charity, an Annual Financial Report. You can find the full reporting guidelines here.

*While the Federal Government has introduced legislation to repeal the ACNC, it is yet to pass the Senate. This means the ACNC is still legally in operation and charities are still required to comply with their obligations to the ACNC under the current legislation.

Looking for specific legal advice? Check out our Auditors & Legal Help section.


This listing was last updated in April 2014.

This article appeared in Board Builder - Edition 1, 2014.

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