As president 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 company director duties under the Corporations Act 2001 (Cth).
These duties apply to every committee officer — not just the president. They are identical for all positions. As president, you also chair the meetings where these duties are exercised, which means you set the tone for the committee's compliance.
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, operations, and the decisions being made at committee level. You don't need to be an expert in every area — but you need to be engaged.
For the president specifically: As chair, you are responsible for ensuring the committee is making informed decisions. Rushing through agenda items, failing to allow proper discussion, or ignoring dissent from other members can undermine this duty.
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 — and ahead of any faction within the club.
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 use information obtained through your role for improper purposes.
For the president specifically: The president's authority to chair meetings and set agendas must not be used to suppress legitimate discussion, steer outcomes, or advantage particular members.
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 committee and have it minuted.
Source: s.70I
Conflicts of interest
Conflict of interest disclosure is mandatory under ss.70B and 70C. If you have a material personal interest in something the committee is deciding:
- Declare it at the start of the agenda item
- Leave the room during discussion
- Do not vote on the matter
- Return after the decision is made
- Record it in the minutes — who declared, what the interest was, that they left, that they did not vote, the outcome
- Disclose again at the next general meeting — include it in the agenda and record it in those minutes
If you are the president declaring the conflict: You must hand the chair to another committee member (or the vice-president if one exists) for that item. You cannot chair a discussion about a matter in which you have a personal interest.
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. Under the Model Rules, the president plays a specific role when a grievance involves the secretary.
Normal process (secretary manages): When a member lodges a written complaint, the secretary handles receipt, acknowledgment, and timing. The president is informed but does not manage the process.
When the grievance involves the secretary: The president steps in and manages the process in place of the secretary.
When the grievance involves the president: A different committee member — typically the vice-president or a senior member — manages the process. The president steps back entirely.
Important: While a grievance is in progress, the club cannot take disciplinary action against the member who raised it.
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
Related
- ← President Legal Duties — the full overview
- Conflict of Interest Declaration Form — template with penalty citations
- The $10,014 Fine Most Committee Members Don't Know About — full explanation
- Legal & Risk — volunteer protection, insurance, and the full legal framework
- Other Legal Obligations — child safety, WHS, privacy (applies to all committee members)