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Shared Legal Duties

Every member of a management committee — president, secretary, treasurer, vice president, and any other elected member — carries the same foundational set of legal obligations. These come from the Associations Incorporation Act 1981 (Qld) and apply regardless of title.

Named positions (president, secretary, treasurer) carry these shared obligations plus additional duties specific to their role. For those additional duties, see the position pages. This page covers only what everyone shares.

Who this applies to

Anyone elected or appointed to the management committee of a Queensland incorporated association. This includes:

  • President
  • Secretary
  • Treasurer
  • Vice president (if your club has one)
  • Any other elected committee member

It does not matter what your club calls the role. If you are on the management committee, these obligations apply to you.

Eligibility — s.61A

You cannot serve on the management committee if you fall into any of the following five categories:

  1. Convicted of an indictable offence — and the rehabilitation period has not yet expired under the Criminal Law (Rehabilitation of Offenders) Act 1992 (Qld)
  2. Convicted summarily and sentenced to imprisonment — not including default imprisonment for failing to pay a fine — and the rehabilitation period has not yet expired
  3. Undischarged bankrupt under the Bankruptcy Act 1966 (Cth)
  4. Executed a deed of arrangement under the Bankruptcy Act 1966 (Cth) and its terms have not been fully complied with
  5. Had creditors accept a composition and the final payment under the composition has not yet been made

If any of these apply to you, you are disqualified from serving. This is personal — it does not matter who nominated you or what your club's constitution says.

The four officer duties — ss.70E–70J

These were introduced by the Associations Incorporation and Other Legislation Amendment Act 2020 and apply to every officer of a Queensland incorporated association. They are modelled on the duties imposed on company directors.

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

1. Care and diligence — s.70E

Act as a reasonable person would in your position. Stay informed about what the club is doing and what decisions are being made. You do not need to be an expert in everything — but you cannot simply not turn up, not read the papers, and not engage.

2. Good faith — s.70F

Exercise your powers in good faith, in the best interests of the club, and for a proper purpose. This means putting the club first — not your own interests, not the interests of a faction, and not the person who recruited you to the committee.

3. No misuse of position or information — ss.70G, 70H

Do not use your position to gain personal benefits or cause harm to the club. Do not use information you obtain through your role for personal advantage or to damage the club or another member.

4. No insolvent trading — s.70I

If you have reason to believe the club cannot pay its debts as they fall due, do not vote to approve new spending. Raise it formally at a committee meeting and have it recorded in the minutes.

Reliance on advice — s.70J

You are entitled to rely on professional advice (from accountants, lawyers, or other qualified experts) when making decisions. Acting in good faith on properly obtained expert advice supports your position if a decision is later questioned.

Conflicts of interest — ss.70B–70C

If you have a material personal interest in a matter the committee is deciding, you must:

  1. Declare it at the start of that agenda item — out loud, for the record
  2. Leave the room while the committee discusses the matter
  3. Not vote on it
  4. Return after the decision is made
  5. Ensure it is minuted — who declared, what the interest was, that they left, that they did not vote, the outcome
  6. Declare again at the next general meeting — include it in the agenda, record in those minutes

Penalties:

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

Remuneration disclosure — s.70D

Since 1 July 2024, the committee must disclose at each AGM all payments and benefits provided to committee members, senior staff, and their close relatives during the financial year.

If nothing was paid: the declaration must still be made and recorded in the AGM minutes.

Penalty: Up to 10 penalty units ($1,669) per committee member.

Grievance procedure — s.47A

Since 1 July 2024, every Queensland incorporated association must have a formal grievance procedure. Under the Model Rules, the committee manages grievances according to defined rules:

  • The secretary manages receipt, acknowledgment, and timing of complaints in the normal course
  • When a grievance involves the secretary: the president steps in
  • When a grievance involves the president: another committee member manages the process
  • When a grievance involves the member who raised it: the club cannot take disciplinary action against that member while the grievance is on foot

As a committee member, you may be asked to participate in a grievance panel or investigation. You must approach this impartially — not as an advocate for either side.

Collective financial responsibility

The committee as a whole is responsible for ensuring the club's financial records are kept, its financial statements are prepared, and — for Level 3 clubs — that the annual verification statement is signed (ss.59, 59A, 59AB). The treasurer leads this work — but that does not mean other committee members are off the hook.

If you are aware that the club's finances are not being properly managed and you take no action, you share in the liability. The committee's collective obligation cannot be delegated entirely to the treasurer.

Penalties (collective):

  • Failure to keep adequate financial records: up to 20 penalty units ($3,338) per member for large associations; up to 10 penalty units ($1,669) for small or medium
  • Failure to prepare financial statements: same penalties — s.59A

Your protection

Layer What it does
The law — Civil Liability Act 2003 (Qld) s.39 Volunteers acting in good faith as officers have statutory immunity from personal civil liability
Your records — signed minutes, documented decisions, declared conflicts Evidence you acted properly if a decision is ever questioned
Insurance — V-Insurance (CAQ policy) D&O and Public Liability cover for all affiliated clubs. Call (02) 8599 8660 if you face a claim or legal threat

Acting honestly, staying informed, declaring conflicts, and keeping good minutes is what activates all three layers of protection.

Sources

  • ← Club Support
  • President Legal Duties — shared duties + chairing, casting vote, signing
  • Secretary Legal Duties — shared duties + records, filings, OFT notification
  • Treasurer Legal Duties — shared duties + financial records, verification, lodging
  • Vice President Legal Duties — shared duties only (VP has no additional statutory obligations)
  • Committee Member Legal Duties — shared duties only (unnamed positions)
  • How the Committee Works — the system design: Act, Model Rules, and roles
  • Delegation & Task Sharing — what can be delegated and how
  • Legal & Risk — volunteer protection, insurance, incidents

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