A5 – Model Rules for the Incorporation of Associations
| Archive Document Title: | MODEL RULES FOR THE INCORPORATION OF ASSOCIATIONS |
| Archive Document Type: | NSW Government legal document prescriptive guidelines |
| Archive Document Date: | 1984/1985 |
| Archive Topic Category: | Legislation |
| Archive Digital Document Format: | Adobe Acrobat (PDF) |
| Number of Pages: | 4 |
| Author: | Neil Stuart (Founder, Chairperson, Secretary, Bushcare volunteer, active Working Group member, Bushcare volunteer, in collaboration with members of The Friends). |
Abstract:
In 1990, as the activities and campaigning of the Friends grew, those members on the Working Group, particularly Linda Thomas and Neil Stuart began to realise that The Friends had begun outgrowing being a dedicated campaign function under the auspices of the Coalition for Residents for the Environment (CORE).
The Friends realised that public lands of The Valley were being subject to misuse and development threats from multiple development proposals yet the management of The Valley being largely negected by its public custodian, Blue Mountains Council. Early on those threats started off being the Catalina race track; yet as The Friends increased their knowledge base about The Valley, they became aware of other threats emerging – notably about the Katoomba Golf Course new development subdivision proposal concerning a large portion of the public lands.
The possibility of taking on legal action emerged, which could pose risks to individual legal law suits by wealthy property developers.
Research was undertaken to explore legal registration options for the Friends and its volunteer membership base. One option of focus was to register The Friends as an incorporated association and as a charity to enable fundraising. This was at the time governed by the NSW State Government’s Department of Consumer Affairs and legislated under the Association Incorporations Act (NSW) 1984 and Regulations 1985, plus the Charitable Collections Act (NSW) 1934.
The rules/ (Constitution) would have to be first learned and then complied with before incorporation could be legally granted. The government red tape was to be another new learning curve for The Friends, particularly for Linda Thomas and Neil Stuart; this on top of discovering all the land use zoning and planning framework, development legislation, management plans of public lands, and of Council’s mismanagement and politics connected with The Valley, plus the administration of making submissions, and maintaining regular contact with The Friends members.
Archive Document:
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Open in new tab [Archivist Note to readers: This document of Model Rules is old, but was current and relevant at the time. Neil’s doodling sketched handwritten notes are shown on various pages as he pours through learning of the applicability of the compliance rules of incorporation to the Friends. It’s a whole new an complex brave new world riddled with legal red tape burdens of compliance, administration, record keeping, process. There are some 47 clauses to consider! So, not a straightforward or fun task.]