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

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