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Vice President — Legal Duties

The vice president is not a legally required position. The Associations Incorporation Act 1981 (Qld) and the Queensland Model Rules (Schedule 4, Associations Incorporation Regulation 1999 (Qld)) do not require a vice president, do not define the role, and do not give it any automatic powers or succession rights.

If your club has a vice president, the role exists because your club's own constitution created it — not because the law requires it.


What the law actually requires

The Act — s.61:

An incorporated association must have a management committee of at least three adults. Of those, one must hold the office of president and another must hold the office of treasurer. The third (and any further) member need not hold any particular title.

A vice president is not named in s.61.

The Model Rules — r.18(1):

The Model Rules specify that the management committee consists of: a president, a treasurer, and "any other members the association members elect at a general meeting."

The words "vice president" do not appear anywhere in the Model Rules — not in r.18, not in the meeting rules, and not anywhere else in Schedule 4.


If your club has a vice president

If your club's constitution creates a VP position, the following obligations apply — because they apply to every member of the management committee regardless of title.

Obligation Source Where to read
Eligibility — 5 disqualification grounds s.61A See below
Four officer duties (care, good faith, no misuse, no insolvent trading) ss.70E–70J Officer Duties
Declare conflicts of interest ss.70B–70C Officer Duties
Remuneration disclosure at AGM s.70D Annual Obligations
Grievance procedure — participate appropriately s.47A Officer Duties
Volunteer immunity (acting in good faith) Civil Liability Act 2003 (Qld) s.39 Legal & Risk

For all other shared obligations — child safety, WHS, privacy, anti-discrimination — see Other Legal Obligations.


Eligibility — s.61A

A person cannot serve as vice president (or in any committee role) if they:

  1. Have been convicted of an indictable offence and the rehabilitation period has not yet expired under the Criminal Law (Rehabilitation of Offenders) Act 1992 (Qld)
  2. 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
  3. Are an undischarged bankrupt under the Bankruptcy Act 1966 (Cth)
  4. Have executed a deed of arrangement under the Bankruptcy Act 1966 (Cth) and its terms have not been fully complied with
  5. Have had creditors accept a composition and the final payment under the composition has not yet been made

These are the same five grounds that apply to every committee officer. There are no additional or different grounds for the VP.


Deputising for the president

Many clubs expect the VP to chair meetings when the president is absent. Under the Model Rules, there is no automatic right for the VP to take the chair. The Model Rules' fallback is:

  • Committee meetings (r.23(9)): If the president is absent or there is no president within 10 minutes of the scheduled start, the members present choose one of their number to preside.
  • General meetings (r.37(3)(b)): If the president is absent or unwilling to act within 15 minutes of the scheduled start, the members present elect one of their number to be chairperson.

In neither case does the Model Rules text give the VP automatic succession to the chair. If your club wants the VP to have that right, it must be stated in your own rules — it does not come from the Model Rules.


OFT notification

Under s.68, the secretary must notify the Office of Fair Trading within 1 month of any change to the president, secretary, or treasurer. The VP is not in that list.

There is no statutory obligation to notify OFT when a VP is appointed or changes. If your club's own constitution requires notification, follow those rules — but the Act does not require it.


Financial obligations

A vice president has no financial obligations specific to the role. Financial obligations under the Act fall on the treasurer (keeping records, verification) and on the management committee as a whole (presenting financials at AGM, lodging annual return).

If your club's VP also acts as treasurer (because the club wants the VP to be a backup signer), the relevant obligations are in Treasurer — Financial Records and Treasurer — Annual Obligations.


Sources


  • ← Club Support
  • Governance — ClubIQ guides and governance resources
  • Legal & Risk — volunteer protection, insurance, incidents
  • President Legal Duties — the VP deputises for the president; read this to understand that role
  • Officer Duties — the four personal duties that apply to the VP as a committee officer
  • Other Legal Obligations — child safety, WHS, privacy (applies to all committee members)
  • Why Adopt the Model Rules — if your club is uncertain what its constitution says about the VP role