It’s important your club follows their existing regulations when making changes, including any provisions regarding the process for amending the regulations. Additionally, you should seek legal advice to ensure that the proposed changes comply with applicable laws and regulations
The process for changing the regulations of an a Club or Branch involves the following steps:
| Formalisation of the review group | Regulations should be review by a group of stakeholder, along with legal counsel, that will play a key role in implementing and supporting the regulations |
| Review the existing regulations | review your existing regulations to determine what changes are necessary or desirable. |
| Develop proposed changes | The club should develop proposed changes to the regulations, considering any legal or regulatory requirements and consulting with legal counsel if necessary |
| Review by the Board/ Management Committee | The Board/ Management Committee are the owners of the regulations and will need to review the proposed changes to their regulations |
| Board/ Management Committee approval | The proposed changes should be presented to The Board or Management Committee for review and approval |
| Communication to members | Once the Board or Management Committee has approved the proposed changes, the Club should notify its members of the proposed changes and provide them with an opportunity to review and comment on the proposed changes |
| Hold a vote | After the members have had an opportunity to review the proposed changes, the Club or Branch should hold a vote on the proposed changes. |
| File amended regulations | If the proposed changes are approved by the members, the club needs to file amended regulations with the appropriate government agency (ACNC, ASIC, ATO etc) and update any internal records or documents to reflect the new regulations |
NOTE: Once Approved and after AGM:
- You need to lodge the change with OFT
- The Club cannot run off these rules until OFT approves them
- Once approved – update the following
- Your Website (members must have access)
- ACNC – must have the current rules
- SLSQ (send SLSQ the final approved document)
Once your new constitution is approved by the Office of Fair Trading. Generally, it’s advisable to implement the new constitution in its entirety as soon as possible to ensure governance aligns with the approved changes.
However, if there’s significant organisational change, such as reducing the management committee from 9 to 5 members, it might be practical to follow a transitional approach. This approach would maintain the current committee setup until the end of the next season, providing stability while preparations are made for the new structure. This method also allows members to adapt to changes gradually and ensures that the transition is in line with any electoral cycles or operational timelines specified in the new constitution.
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