Who can be a board member?
Who's able to be a board member, and who's ineligible? The answer differs surprisingly from state to state. Here's a simplified version (note that some states put these provisions into the Associations Act and some put them in the Model Rules).
| ACT | NSW | NT | QLD | SA | TAS | VIC | WA | |
|---|---|---|---|---|---|---|---|---|
| Dead | MR | MR | MR | Act | - | MR | - | MR |
| Convicted | Act | - | Act | Act | Act | - | - | MR |
| Insolvent | MR | MR | Act | Act | Act | MR | MR | - |
| Under age | - | - | MR | Act | - | - | - | - |
| Mentally or physically incapacitated | MR | MR | - | - | - | - | - | MR |
| Absent | MR | MR | MR | - | - | - | - | MR |
| Not a member | MR | MR | MR | - | - | MR | MR | MR |
| Resigned or removed | MR | MR | - | - | - | - | MR | MR |
| Left the state | - | - | MR | - | - | MR | - | - |
Note also that different states and territories have different views on what constitutes insolvency, incapacity, and/or a criminal record, and if you want precise answers you must look at the Associations Act in your state along with the Model Rules. A fuller account is given in the stet links in the table.
Note, among other interesting things, that
- Only two states appear to mind if you're under age
- Two states kick you off the board if you move interstate
- Two states appear to allow you to continue as a member once you're dead
- No two states have the same rules
Obviously, just because something's not prohibited doesn't mean it's a good idea, and there may well be good reasons why you might hesitate to elect an underage interstate prisoner to a Victorian board even though the Act permits it. However, there may be exceptional cases where such a member would be justified, and in those cases it's important to know how much flexibility you have.