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Secretary — Officer Duties

As secretary of an incorporated association, you are an officer under Queensland law. The Associations Incorporation Act 1981 (Qld) imposes four personal legal duties on every officer. These were introduced by the Associations Incorporation and Other Legislation Amendment Act 2020 and are modelled on corporate director duties.

Breach of any of these duties carries a penalty of up to 60 penalty units ($10,014 at 2025/26 rates) per offence.

The four duties

1. Care and diligence

Act as a reasonable person would in your position. Stay informed about the club's finances and operations. You don't need to be an expert — you need to pay attention.

Source: s.70E

2. Good faith

Exercise your powers in good faith, in the best interests of the club, and for a proper purpose. Put the club's interests ahead of your own.

Source: s.70F

3. No misuse of position or information

Do not use your position to gain personal benefits or cause harm to the club. Do not misuse information you obtain through your role.

Source: ss.70G, 70H

4. No insolvent trading

If you have reason to believe the club cannot pay its debts as they fall due, do not approve new spending. Raise it formally at a committee meeting and have it minuted. Silence does not protect you.

Source: s.70I

Conflicts of interest

Conflict of interest disclosure is mandatory under ss.70B and 70C. If you (or any committee member) have a material personal interest in something the committee is deciding:

  1. Declare it at the start of the agenda item
  2. Leave the room during discussion
  3. Do not vote on the matter
  4. Return after the decision is made
  5. Record it in the minutes — who declared, what the interest was, that they left, that they did not vote, the outcome
  6. Disclose again at the next general meeting — include it in the agenda and record it in those minutes

If you are the secretary declaring the conflict: Hand the minute-taking to another committee member for that item.

Penalties:

  • Non-disclosure at committee meeting: up to 60 penalty units ($10,014) — s.70B(1)
  • Non-disclosure at general meeting: up to 60 penalty units ($10,014) — s.70B(2)
  • Failure to record the disclosure in the minutes: up to 4 penalty units ($668) per committee member — s.70B(6)

For a ready-to-use declaration form, see Conflict of Interest Declaration Form.

For the full explanation of what this means in practice, see The $10,014 Fine Most Committee Members Don't Know About.

Grievance procedure

Since 1 July 2024, every Queensland incorporated association must have a formal grievance procedure. The secretary's role is strictly administrative — you handle receipt and timing, not resolution.

When a member submits a formal written complaint:

Step What you do Timeframe
1 Acknowledge receipt Promptly
2 Inform the committee that a grievance has been lodged Promptly
3 Allow the parties to attempt direct resolution 14 days
4 Refer to an independent mediator if unresolved and the member requests it Within 21 days

You are the postbox and the timekeeper. You do not resolve the dispute. You do not take sides. If the dispute involves you personally, the President manages the process instead.

Important: While a grievance is in progress, the club cannot take disciplinary action against the member who raised it. If the committee is considering expelling or sanctioning someone with an active complaint, stop and get advice first — from CAQ or V-Insurance.

Free mediation: Queensland Dispute Resolution Centres offer free mediation services. You do not need to find or pay for a mediator.

Source: s.47A; Model Rules (as amended)

Reliance on advice

You are allowed to rely on advice from qualified professionals (accountants, lawyers, other experts) when making decisions. If you act on properly obtained professional advice in good faith, that supports your defence if a decision is later questioned.

Source: s.70J

Sources

  • Associations Incorporation Act 1981 (Qld) — ss.47A, 70B, 70C, 70E, 70F, 70G, 70H, 70I, 70J — legislation.qld.gov.au
  • Associations Incorporation and Other Legislation Amendment Act 2020 (Qld) — legislation.qld.gov.au

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