Constitution for a NSW incorporated association

The rulebook for a club, society or community group, built for NSW.

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What this document does

This constitution is for an incorporated association registered under the Associations Incorporation Act 2009 (NSW), the structure for clubs, societies, community groups and small charities. It addresses every matter Schedule 1 of the Act requires, so no gap is filled by the model rules by default. Add the charity overlay for ACNC-aligned objects and duties, the DGR overlay for a gift fund, or the club variant for membership classes and sub-committees. An Australian solicitor reviewed and approved the template.

The questions we’ll ask

  1. Your association

  2. Structure

  3. Membership

  4. The committee

  5. Committee meetings

  6. General meetings

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Is this only for New South Wales?
Yes. Every state and territory has its own Associations Incorporation Act, regulator and model rules, and the differences are significant. This constitution is for a NSW incorporated association registered with NSW Fair Trading. Do not use it for another state.
We are a charity. Does this work for the ACNC?
Choose the charity option and the constitution adds ACNC-aligned content: charitable-purpose objects, an entrenched not-for-profit clause, Governance Standard 5 duties for committee members, and a winding-up clause that gives surplus to another charity. You still register with the ACNC separately, and it assesses your objects, so get the wording checked.
How is it adopted?
A constitution is adopted, not signed by every member. For a new association it is adopted as part of the registration application; for an existing one, by special resolution of the members. A change takes effect only when NSW Fair Trading registers it.
What if we run a licensed club?
A club holding a liquor or gaming licence needs extra rules under the Registered Clubs Act that this template does not cover. Use the club variant for membership classes, but get advice on the registered-club requirements before you adopt it.
Is this a subscription?
No. It is $49 once. No monthly fee, no auto-renewal.

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