The department will be closed from Wednesday 27 December 2023 to Monday 1 January 2024. We will respond to queries in the New Year. Best wishes for a safe and happy festive season.
A constitution is a basic set of rules for the daily running of your organisation.
It details for your members and others the name, objects, methods of
management and other conditions under which your association, club or
group operates, and generally the reasons for its existence.
The Department of Commerce has produced a set of model rules (also known as a draft constitution) as a guide to assist organisations comply with their obligations under the Associations Incorporations Act 2015. An organisation may choose to create its own rules or follow the model rules.
A constitution can be extremely simple, containing only the basic
outline to explain who you are, what you are set up for and important
management matters. Many details relating to minor management matters
are best included within by-laws, regulations or policies thus keeping
your constitution flexible and easy to operate within.
If you would like to receive advice specific to your sport or activity, contact your state sporting association or national governing organisation.
A constitution is made up of two parts:
You can place almost anything within a constitution. However many
aspects of your organisation’s operation are more easily handled outside
the formality of the rules. For instance you wouldn’t include
membership charges or club colours in the constitution. A clause in the
rules empowering the committee to make, alter or delete regulations or
by-laws should appear in the constitution.
Sporting groups can incorporate under the Associations Incorporations Act 2015. The Act provides a cheap, simple way of establishing a legal entity that has the capacity to function in its own right.
The Department recommends eligible sport and recreation groups to become incorporated under the Associations Incorporations Act 2015 due to the following:
For further information on constitutions and incorporation visit the Department of Mines, Industry Regulation and Safety website.
Do not submit enquiries with this form.