Issue Date:  -  Wednesday, 24 May 2006

Former President of association fined for non-compliance

A former President of an Association in Western Australia has been fined $1,500 with costs of $300 and given a spent conviction order in the Perth Magistrates Court.

The man from Morley pleaded guilty to 6 charges of breaching the Associations Incorporation Act relating to his failure to ensure that the association:

• held an AGM during 2005;
• sufficiently maintained accounting records during 2005;
• provided the association’s members with financial statements for the 2004/05 financial year;
• complied with directions from the Consumer Protection Commissioner; and
• submitting a document to the Commissioner that contained a false statement.

"The actions of the former President undermined the accountability and transparency of the association. An association is accountable to members and the community. When that accountability is undermined, then prosecution of office holders may be considered by the Department,” Consumer Protection Commissioner Patrick Walker said.

"It is very important for office holders of an association to be fully aware of their responsibilities, both to their members and under the law.

"Even though associations are often run by volunteers, it remains important that the committees ensure compliance with the law, particularly when members’ money or money collected for charitable purposes is involved.

"I urge anyone who is part of a committee of an incorporated association to become aware of their obligations to offset the risk of breaching the Act," Mr. Walker said.

Consumer Protection provides free advice and information kits for associations and their committees on telephone 1300 30 40 54 or email consumer@docep.wa.gov.au  .

This page was modified on 15 September 2011 for legal reasons.