Student Leadership Training Dave Tanner Director

Transcript:Student Leadership Training Dave Tanner Director:
Student Leadership Training Dave Tanner Director Audit & Risk Topics Covered Legal Secretariat Risk Financial Management Legal Unincorporated Associations compared with Incorporated Associations Unincorporated Associations Unincorporated associations are not legal entities. They are nothing more than the collection of individuals or members of the club at a particular time. The lack of legal entity status causes problems: The inability to enter into contracts in the club’s name, therefore the association itself cannot enter sponsorship agreements or contracts for events/balls. It is the members or officers authorised by the members under the Rules that have to enter a contract. Officers can be left personally exposed (to pay cost of the ball venue if there is not enough money in the club’s account). Members are usually not liable as they have entrusted management to the committee. Rules of the association may provide that committee members shall be indemnified against personal liability Inability to sue or be sued The liability of committee members or officers is unlimited No perpetual succession – all property acquired by the organisation belongs to the members Gifts cannot be made to an unincorporated association Advantages Structure is flexible and the least costly and time consuming No need to report to regulatory authorities. Incorporated associations Incorporation under the Associations Incorporation Act is relatively easy. Liability of members (including office bearers) is limited. Members will not be personally liable for debts or liabilities of the association. Can enter contracts, sue or be sued. Association has perpetual succession. Property acquired by the association remains with the association. Disadvantages: fee for incorporation and lodging annual statement. Structure more rigid – changes must be approved by the Registrar. Associations have to adopt grievance procedure rules. Decision to incorporate Clubs with sufficient members who conduct activities / events of any scale or size (higher risk) should incorporate To limit exposure of committee members to personal financial risk Insurance protection by UNE If the unincorporated or incorporated student association and its activities are recognised /endorsed by the University then the University’s insurance cover would extend to cover the club and its officers. However if the officers were grossly negligent then the cover may not be available. If the officers acted unlawfully then the cover is not available. Secretariat Constitution/ Rules Following examples – not all inclusive. Election of committee and office holders Purpose and objects of the club Role of Office holders Meeting rules –