❓ Mr. Templeman raises concerns about the administration of Retirees WA Inc., and the Minister outlines the limited statutory powers available to investigate such concerns under the Associations Incorporation Act 1987, emphasizing member responsibility and potential legislative amendments.
AnsweredQoN 1642Legislative Assembly
QuestionView source ↗
(1) Is the Minister aware of the concerns of a number of members and branches of Retirees WA Inc. with regard to the administration of the organisation?
(2) If so, what statutory powers does the Minister have, if any, in investigating the concerns raised by members and branches of this organisation?
(2) If so, what statutory powers does the Minister have, if any, in investigating the concerns raised by members and branches of this organisation?
AnswerView source ↗
Answered
19 June 2003
Responded by
Minister for Consumer and Employment Protection
Response time
14 days
DOCEP has also identified that a recent move to change the rules of the association was not in accordance with the Act. Discussions have been held with the committee to assist the association to properly comply with its legislative requirements should they wish to resubmit rule changes. I am advised that DOCEP recently received a telephone call from an association member regarding his rights to access complete copies of the association’s minutes. The person was informed that this issue relates to a potential breach of the association’s rules and is not an issue that DOCEP could investigate (refer answer to question 2). (2) The statutory powers available to the Minister are primarily contained within the provisions of the Associations Incorporation Act (1987) (“the Act”). Where an incorporated association breaches the provisions of that Act, the Commissioner for Fair Trading is empowered to prosecute committee members for certain offences, and to investigate the management and affairs of the association in particular circumstances, which could also result in prosecution. In extreme circumstances, both the Minister and the Commissioner are empowered to apply to the Supreme Court to have the association wound up. It should be noted that the Minister, Commissioner, and the Department of Consumer and Employment Protection have only limited regulatory powers in relation to incorporated associations. It is largely up to the members themselves to ensure that an incorporated association operates in a manner that is acceptable to them. One of the primary functions identified when the current Act was considered in Parliament in 1987 was that it improve the accountability of associations to their members and not to the regulatory authorities. The Act requires that associations be managed by a set of rules (or constitution) and that to be lawfully effective, those rules and any amendments are to be lodged with the Commissioner. The Act does not however, give the Commissioner any authority to intervene in the management of an association in circumstances when there has been a breach of its rules, unless such a breach were also to result in a breach of the Act. In the most common situation where a breach of the rules does not breach the Act, the members need to deal with those breaches through the processes embodied in the rules. Where this fails, then the only recourse is to pursue civil legal action. It should also be noted that the regulatory requirements and powers in the current Act have been of concern and the subject of review. I expect to be able to publish a position paper on proposed amendments to the current legislation shortly.
I am advised that DOCEP recently received a telephone call from an association member regarding his rights to access complete copies of the association’s minutes. The person was informed that this issue relates to a potential breach of the association’s rules and is not an issue that DOCEP could investigate (refer answer to question 2). (2) The statutory powers available to the Minister are primarily contained within the provisions of the Associations Incorporation Act (1987) (“the Act”). Where an incorporated association breaches the provisions of that Act, the Commissioner for Fair Trading is empowered to prosecute committee members for certain offences, and to investigate the management and affairs of the association in particular circumstances, which could also result in prosecution. In extreme circumstances, both the Minister and the Commissioner are empowered to apply to the Supreme Court to have the association wound up. It should be noted that the Minister, Commissioner, and the Department of Consumer and Employment Protection have only limited regulatory powers in relation to incorporated associations. It is largely up to the members themselves to ensure that an incorporated association operates in a manner that is acceptable to them. One of the primary functions identified when the current Act was considered in Parliament in 1987 was that it improve the accountability of associations to their members and not to the regulatory authorities. The Act requires that associations be managed by a set of rules (or constitution) and that to be lawfully effective, those rules and any amendments are to be lodged with the Commissioner. The Act does not however, give the Commissioner any authority to intervene in the management of an association in circumstances when there has been a breach of its rules, unless such a breach were also to result in a breach of the Act. In the most common situation where a breach of the rules does not breach the Act, the members need to deal with those breaches through the processes embodied in the rules. Where this fails, then the only recourse is to pursue civil legal action. It should also be noted that the regulatory requirements and powers in the current Act have been of concern and the subject of review. I expect to be able to publish a position paper on proposed amendments to the current legislation shortly.
(2) The statutory powers available to the Minister are primarily contained within the provisions of the Associations Incorporation Act (1987) (“the Act”). Where an incorporated association breaches the provisions of that Act, the Commissioner for Fair Trading is empowered to prosecute committee members for certain offences, and to investigate the management and affairs of the association in particular circumstances, which could also result in prosecution. In extreme circumstances, both the Minister and the Commissioner are empowered to apply to the Supreme Court to have the association wound up. It should be noted that the Minister, Commissioner, and the Department of Consumer and Employment Protection have only limited regulatory powers in relation to incorporated associations. It is largely up to the members themselves to ensure that an incorporated association operates in a manner that is acceptable to them. One of the primary functions identified when the current Act was considered in Parliament in 1987 was that it improve the accountability of associations to their members and not to the regulatory authorities. The Act requires that associations be managed by a set of rules (or constitution) and that to be lawfully effective, those rules and any amendments are to be lodged with the Commissioner. The Act does not however, give the Commissioner any authority to intervene in the management of an association in circumstances when there has been a breach of its rules, unless such a breach were also to result in a breach of the Act. In the most common situation where a breach of the rules does not breach the Act, the members need to deal with those breaches through the processes embodied in the rules. Where this fails, then the only recourse is to pursue civil legal action. It should also be noted that the regulatory requirements and powers in the current Act have been of concern and the subject of review. I expect to be able to publish a position paper on proposed amendments to the current legislation shortly.
It should be noted that the Minister, Commissioner, and the Department of Consumer and Employment Protection have only limited regulatory powers in relation to incorporated associations. It is largely up to the members themselves to ensure that an incorporated association operates in a manner that is acceptable to them. One of the primary functions identified when the current Act was considered in Parliament in 1987 was that it improve the accountability of associations to their members and not to the regulatory authorities. The Act requires that associations be managed by a set of rules (or constitution) and that to be lawfully effective, those rules and any amendments are to be lodged with the Commissioner. The Act does not however, give the Commissioner any authority to intervene in the management of an association in circumstances when there has been a breach of its rules, unless such a breach were also to result in a breach of the Act. In the most common situation where a breach of the rules does not breach the Act, the members need to deal with those breaches through the processes embodied in the rules. Where this fails, then the only recourse is to pursue civil legal action. It should also be noted that the regulatory requirements and powers in the current Act have been of concern and the subject of review. I expect to be able to publish a position paper on proposed amendments to the current legislation shortly.
The Act requires that associations be managed by a set of rules (or constitution) and that to be lawfully effective, those rules and any amendments are to be lodged with the Commissioner. The Act does not however, give the Commissioner any authority to intervene in the management of an association in circumstances when there has been a breach of its rules, unless such a breach were also to result in a breach of the Act. In the most common situation where a breach of the rules does not breach the Act, the members need to deal with those breaches through the processes embodied in the rules. Where this fails, then the only recourse is to pursue civil legal action. It should also be noted that the regulatory requirements and powers in the current Act have been of concern and the subject of review. I expect to be able to publish a position paper on proposed amendments to the current legislation shortly.
It should also be noted that the regulatory requirements and powers in the current Act have been of concern and the subject of review. I expect to be able to publish a position paper on proposed amendments to the current legislation shortly.
I am advised that DOCEP recently received a telephone call from an association member regarding his rights to access complete copies of the association’s minutes. The person was informed that this issue relates to a potential breach of the association’s rules and is not an issue that DOCEP could investigate (refer answer to question 2). (2) The statutory powers available to the Minister are primarily contained within the provisions of the Associations Incorporation Act (1987) (“the Act”). Where an incorporated association breaches the provisions of that Act, the Commissioner for Fair Trading is empowered to prosecute committee members for certain offences, and to investigate the management and affairs of the association in particular circumstances, which could also result in prosecution. In extreme circumstances, both the Minister and the Commissioner are empowered to apply to the Supreme Court to have the association wound up. It should be noted that the Minister, Commissioner, and the Department of Consumer and Employment Protection have only limited regulatory powers in relation to incorporated associations. It is largely up to the members themselves to ensure that an incorporated association operates in a manner that is acceptable to them. One of the primary functions identified when the current Act was considered in Parliament in 1987 was that it improve the accountability of associations to their members and not to the regulatory authorities. The Act requires that associations be managed by a set of rules (or constitution) and that to be lawfully effective, those rules and any amendments are to be lodged with the Commissioner. The Act does not however, give the Commissioner any authority to intervene in the management of an association in circumstances when there has been a breach of its rules, unless such a breach were also to result in a breach of the Act. In the most common situation where a breach of the rules does not breach the Act, the members need to deal with those breaches through the processes embodied in the rules. Where this fails, then the only recourse is to pursue civil legal action. It should also be noted that the regulatory requirements and powers in the current Act have been of concern and the subject of review. I expect to be able to publish a position paper on proposed amendments to the current legislation shortly.
(2) The statutory powers available to the Minister are primarily contained within the provisions of the Associations Incorporation Act (1987) (“the Act”). Where an incorporated association breaches the provisions of that Act, the Commissioner for Fair Trading is empowered to prosecute committee members for certain offences, and to investigate the management and affairs of the association in particular circumstances, which could also result in prosecution. In extreme circumstances, both the Minister and the Commissioner are empowered to apply to the Supreme Court to have the association wound up. It should be noted that the Minister, Commissioner, and the Department of Consumer and Employment Protection have only limited regulatory powers in relation to incorporated associations. It is largely up to the members themselves to ensure that an incorporated association operates in a manner that is acceptable to them. One of the primary functions identified when the current Act was considered in Parliament in 1987 was that it improve the accountability of associations to their members and not to the regulatory authorities. The Act requires that associations be managed by a set of rules (or constitution) and that to be lawfully effective, those rules and any amendments are to be lodged with the Commissioner. The Act does not however, give the Commissioner any authority to intervene in the management of an association in circumstances when there has been a breach of its rules, unless such a breach were also to result in a breach of the Act. In the most common situation where a breach of the rules does not breach the Act, the members need to deal with those breaches through the processes embodied in the rules. Where this fails, then the only recourse is to pursue civil legal action. It should also be noted that the regulatory requirements and powers in the current Act have been of concern and the subject of review. I expect to be able to publish a position paper on proposed amendments to the current legislation shortly.
It should be noted that the Minister, Commissioner, and the Department of Consumer and Employment Protection have only limited regulatory powers in relation to incorporated associations. It is largely up to the members themselves to ensure that an incorporated association operates in a manner that is acceptable to them. One of the primary functions identified when the current Act was considered in Parliament in 1987 was that it improve the accountability of associations to their members and not to the regulatory authorities. The Act requires that associations be managed by a set of rules (or constitution) and that to be lawfully effective, those rules and any amendments are to be lodged with the Commissioner. The Act does not however, give the Commissioner any authority to intervene in the management of an association in circumstances when there has been a breach of its rules, unless such a breach were also to result in a breach of the Act. In the most common situation where a breach of the rules does not breach the Act, the members need to deal with those breaches through the processes embodied in the rules. Where this fails, then the only recourse is to pursue civil legal action. It should also be noted that the regulatory requirements and powers in the current Act have been of concern and the subject of review. I expect to be able to publish a position paper on proposed amendments to the current legislation shortly.
The Act requires that associations be managed by a set of rules (or constitution) and that to be lawfully effective, those rules and any amendments are to be lodged with the Commissioner. The Act does not however, give the Commissioner any authority to intervene in the management of an association in circumstances when there has been a breach of its rules, unless such a breach were also to result in a breach of the Act. In the most common situation where a breach of the rules does not breach the Act, the members need to deal with those breaches through the processes embodied in the rules. Where this fails, then the only recourse is to pursue civil legal action. It should also be noted that the regulatory requirements and powers in the current Act have been of concern and the subject of review. I expect to be able to publish a position paper on proposed amendments to the current legislation shortly.
It should also be noted that the regulatory requirements and powers in the current Act have been of concern and the subject of review. I expect to be able to publish a position paper on proposed amendments to the current legislation shortly.
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