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.
The long version
ASSOCIATIONS INCORPORATION ACT 1991 - SECT 63
Disqualification from office
- A person who has been convicted, whether in or outside the ACT, of-
- an indictable offence in relation to the promotion, formation or management of a body corporate; or
- an offence involving fraud or dishonesty punishable by imprisonment for a period of 3 months or more;
must not, within the period of 5 years after the person was convicted or released from imprisonment for the offence, whichever is later, without leave of the Supreme Court, accept an appointment or act as the public officer or a member of the committee of an incorporated association.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
- A person who is an insolvent under administration within the meaning of the Corporations Act must not, without leave of the Supreme Court, accept an appointment or act as the public officer or a member of the committee of an incorporated association.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
- A person referred to in subsection (1) may apply to the Supreme Court for leave to accept an appointment or to act as the public officer or a member of the committee of an incorporated association.
- A person referred to in subsection (2) may apply to the Supreme Court for leave to accept an appointment or to act as the public officer or a member of the committee of an association.
- A person intending to make an application under subsection (3) or (4) must lodge with the registrar-general at least 21 days notice of his or her intention to make the application.
- On hearing an application under subsection (3) or (4), the Supreme Court may grant or refuse to grant the applicant leave to accept an appointment or to act as the public officer or a member of the committee of an incorporated association, and may, when granting leave, make the grant subject to any conditions or limitations the court thinks fit.
- On the application of the registrar-general, the Supreme Court may revoke or vary leave granted to a person by the court under subsection (6).
- A person must not contravene the requirements of any conditions or limitations included in a grant of leave under subsection (6).
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
ASSOCIATIONS INCORPORATION REGULATION 1991 - SCHEDULE 1
16 Vacancies
- For these rules, a vacancy in the office of a member of the committee happens if the member-
- dies; or
- ceases to be a member of the association; or
- resigns the office; or
- is removed from office under section 17 (Removal of committee members); or
- becomes an insolvent under administration within the meaning of the Corporations Act; or
- suffers from mental or physical incapacity; or
- is disqualified from office under the Act, section 63 (1); or
- is absent without the consent of the committee from all meetings of the committee held during a period of 6 months.