Grievance Procedure Update: What QLD Associations Need to Know
Get ready for some important changes coming your way if you are an incorporated association in Queensland!
Beginning on July 1 2024, incorporated associations will see significant adjustments in how they handle internal grievances. To ensure compliance, your organisation must adhere to the grievance procedure outlined in the model rules or opt for an alternative procedure that aligns with Section 47A of the Associations Incorporation Act 1981, incorporating it into your association's constitution.
Although the official incorporation of the grievance procedure into the model rules will occur on July 1 2024, you have the opportunity to preview it beforehand. This allows your organisation to assess whether it fits your needs or if you'd prefer to develop your own procedure.
In summary:
From 1 July 2024, a Queensland incorporated association must have a grievance procedure
The OFT has advised that a grievance procedure will form part of the Model Rules from 1 July 2024
If a grievance procedure is not outlined in the constitution by 1 July 2024, the model rules grievance procedure automatically applies
Other recent amendments to the Associations Incorporation Act 1981 include*:
Required disclosure of material personal interests by management committee members at management committee meetings and AGM
Clear functions and duties for management committee members, including to prevent insolvent trading
Required disclosure of remuneration or benefits paid to management committee members or senior employees
No need for a common seal
Secretary must be over 18 years old
*Note: none of these provisions are included in the most recent version of the Model Rules nor are they required to be in your club's constitution (at present). However, CPR Group recommends including them in the constitution.
So from here, incorporated associations have a few options:
Wait for the update to the model rules, then adopt them entirely; MORE INFORMATION HERE; or
Develop your own constitution from within the organisations, including the grievance procedure and provisions mentioned above; or
Engage with a third party to write a new constitution (e.g. CPR Group).
CPR Group offers comprehensive constitution reviews that provide an updated and compliant constitution, lodged on your organisation’s behalf with the Office of Fair Trading.
