Issue Date:  -  Monday, 22 December 2003

Court upholds cancellation of dysfunctional association

The president of the Fremantle Islamic Association has failed in his Supreme Court bid to prevent the Consumer Protection Commissioner from cancelling the association’s incorporation and distributing its assets to a similar organisation.

Acting upon complaints from members of the association, Consumer Protection confirmed that the association had not conducted normal activities or held an annual general meeting for more than three years.

"We were very concerned when it became clear that the organisation had not been actively pursuing its objectives, or complying with its responsibilities under the Associations Incorporation Act", Consumer Protection Commissioner Patrick Walker said.

"Although we had confirmed that the contact address we had for the president was correct, a failure to respond to our repeated efforts reinforced to us that the association was not operating correctly.

"After the required two month response time following the issuing of a cancellation notice under Section 35 of the Act with no word from the association, its incorporation was cancelled", he said.

The association subsequently challenged the commissioner’s powers to take the action on the grounds that he was required to personally undertake, rather than authorise other Consumer Protection officers in the cancellation proceedings.

Justice Pullin agreed with Consumer Protection’s lawyers that the Commissioner could authorise another person as his agent to carry out administrative functions.

His Honour did not grant the orders sought by the association and ordered that costs be paid to the Commissioner.

"Our staff will be delighted to assist committees with any queries concerning their responsibilities running an incorporated association", Commissioner Walker said.

Consumer Protection can be contacted by telephoning 1300 30 40 54 or online at www.docep.wa.gov.au <http://www.docep.wa.gov.au>