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President — Eligibility & Appointment

All requirements on this page come from the Associations Incorporation Act 1981 (Qld), unless otherwise noted.

The president is a required position

Under s.61, every Queensland incorporated association must have a management committee that includes a designated president. The club must always have someone in this role. If the position is vacant, the committee must fill it without delay.

Who can serve

Adults only

s.61 requires all committee members to be adults (18 or over).

Disqualifying factors — s.61A

A person cannot serve as president (or any committee officer) if they:

  • Have been convicted of an indictable offence and the rehabilitation period has not yet expired
  • Have been convicted summarily and sentenced to imprisonment — not including default imprisonment for failing to pay a fine — and the rehabilitation period has not yet expired
  • Are an undischarged bankrupt under the Bankruptcy Act 1966 (Cth)
  • Have executed a deed of arrangement under the Bankruptcy Act 1966 (Cth) and its terms have not been fully complied with
  • Have had creditors accept a composition and the final payment under the composition has not yet been made

These disqualifications are the same for every committee member.

Rehabilitation period: The Criminal Law (Rehabilitation of Offenders) Act 1992 (Qld) sets the period after which convictions are spent. The length depends on the sentence imposed. If the period has expired, the conviction no longer disqualifies. If in doubt, contact the Office of Fair Trading (13 74 68).

Note: There is no requirement that the offence involve dishonesty, and there is no 5-year minimum penalty threshold.

Can the president also be the treasurer?

The Associations Incorporation Act 1981 requires both president and treasurer to exist as designated positions (s.61), but does not explicitly prohibit one person from holding both offices. The Model Rules are also silent on this.

However, holding both roles concentrates financial oversight and meeting control in a single person — most club constitutions prohibit this specifically. Check your constitution before allowing it.

Vacancies

There is no section of the Act that sets a specific timeframe for filling a president vacancy (unlike s.65, which requires a secretary vacancy to be filled within 1 month). However:

  • s.61 requires the position to exist — it must be filled
  • The Model Rules require a president at every meeting (r.37(3)(a), r.23(8)) — a prolonged vacancy means meetings cannot be properly chaired
  • Follow your constitution's casual vacancy procedure

In practice: fill the vacancy at the next committee meeting, or call a special general meeting if your constitution requires members to elect the president.

OFT notification when the president changes

Under s.68, the secretary must notify the Office of Fair Trading within 1 month of any change to the president's position — appointment, resignation, or removal.

This is the secretary's obligation. As incoming president, confirm with the secretary that notification has been lodged.

Form: Form 10a (Change of office bearers) Penalty: Up to 2 penalty units ($334) for failure to notify — this falls on the secretary as the officer responsible for lodging

Sources

  • ← President Legal Duties — the full overview
  • Chairing & Meetings — the president's primary role
  • Financial Obligations — signing and lodging obligations
  • Officer Duties — personal duties as an officer