Associations Incorporation and Other Legislation Amendment Bill 2019

Introduced: 26/11/2019By: Hon Y D'Ath MPStatus: PASSED

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced26 Nov 2019View Hansard
First Reading26 Nov 2019View Hansard
Committee26 Nov 2019View Hansard

Referred to Legal Affairs and Community Safety Committee

Vote on a motion

Procedural vote on the business program motion (guillotine) limiting debate time to two hours for both bills debated cognately.

Passed46 ayes – 42 noes2020-06-16

The motion was agreed to.

A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.

Show individual votes

Ayes (46)

B. O’Rourke(Australian Labor Party)
Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Butcher(Australian Labor Party)
C. O’Rourke(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Jones(Australian Labor Party)
Kelly(Australian Labor Party)
King(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
Lynham(Australian Labor Party)
Madden(Australian Labor Party)
McCallum(Australian Labor Party)
McMahon(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
Palaszczuk(Australian Labor Party)
Pease(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Stewart(Australian Labor Party)
Trad(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (42)

Andrew(One Nation Party)
Bates(Liberal National Party)
Batt(Liberal National Party)
Bennett(Liberal National Party)
Berkman(Queensland Greens)
Bleijie(Liberal National Party)
Bolton(Independent)
Boothman(Liberal National Party)
Boyce(Liberal National Party)
Crandon(Liberal National Party)
Crisafulli(Liberal National Party)
Frecklington(Liberal National Party)
Gerber(Liberal National Party)
Hart(Liberal National Party)
Hunt(Australian Labor Party)
Janetzki(Liberal National Party)
Katter(Katter's Australian Party)
Knuth(Katter's Australian Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McArdle(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Sorensen(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
13 members spoke6 support7 mixed
11.31 amHon. YM D'ATHSupports

As Attorney-General, introduced and defended the bill as reducing regulatory burden for 22,000 incorporated associations while improving governance standards.

The Associations Incorporation and Other Legislation Amendment Bill proposes amendments to the benefit of Queensland's not-for-profit sector. These amendments reduce the regulatory burden for incorporated associations and charitable entities.2020-06-16View Hansard
11.44 amMr JANETZKIMixed

As shadow Attorney-General, announced the opposition would not oppose the bill but would oppose clause 31, arguing it imposes corporate director-style duties on volunteers without safe harbour protections.

Here we are holding volunteers on management committees and incorporated associations to a higher standard than company directors with all the resources, all the capability, all the educative opportunities.2020-06-16View Hansard
12.12 pmMr RUSSOSupports

Spoke in support of the bill, highlighting benefits for the 22,660 incorporated associations in Queensland through improved governance and reduced reporting duplication.

The bill to amend the cooperatives national law and the Associations Incorporation Act seeks to improve the internal governance of incorporated associations by providing guidance on how management committee members and officers of associations should meet governance obligations.2020-06-16View Hansard
12.18 pmMr LISTERMixed

Supported the bill overall but joined opposition to clause 31, arguing the onerous reporting requirements would burden volunteer-run community organisations.

These sorts of organisations are composed of great people. They put in unpaid effort in order to run events to keep their communities entertained and supported—myriad different avenues of activity.2020-06-16View Hansard
12.28 pmMrs McMAHONSupports

As a management committee president herself, supported the bill's reduction of reporting burdens and enabling of remote meetings, particularly important during COVID-19.

Any attempts to reduce reporting burdens are welcomed. One of the key objectives of the bill is to reduce regulatory burden.2020-06-16View Hansard
12.34 pmMr McDONALDMixed

Supported the bill generally but strongly opposed clause 31, arguing it places corporate director-style duties on volunteers who are not corporate elites.

The community minded men and women who make daily sacrifices to fight for the betterment of their communities are not corporate elites and this Labor government should not allow them to be treated as if they are.2020-06-16View Hansard
12.43 pmMs LINARDSupports

Supported the bill's reforms to reduce regulatory burden and modernise the legislative framework for more than 22,000 incorporated associations.

Anything we can do to make the establishment and running of these entities easier for the volunteers who invariably run them is a positive and welcome reform.2020-06-16View Hansard
12.48 pmMr POWELLMixed

Criticised the bill as a missed opportunity that increases regulatory burden on volunteer associations during COVID-19, supporting opposition to clause 31.

We agree with the view of the Queensland Law Society that the amendments shift the position of an incorporated association firmly out of the middle ground into the corporate regime and, in fact, have some more onerous regulatory features.2020-06-16View Hansard
12.56 pmMs McMILLANSupports

Supported the bill's reforms to improve governance, reduce regulatory burden and support incorporated associations during COVID-19.

Improving governance and reducing the burden on these local volunteers is so important to ensure the ongoing sustainability of our local organisations.2020-06-16View Hansard
3.59 pmMr CRISAFULLIMixed

Stated the LNP would not oppose the bill but vigorously opposed clause 31, arguing the $8,000 fine for volunteers making mistakes would deter good people from serving their communities.

If this provision is allowed to proceed, it puts at risk the appetite and likelihood people will want to join an incorporated association—community minded people who want to sign up to do good.2020-06-16View Hansard
4.04 pmMr MADDENSupports

Drawing on his experience as a lawyer providing pro bono advice to associations, supported the bill as long overdue reforms for the sector.

In my former life as a lawyer, with a small practice in Lowood, I frequently provided pro bono legal advice to a wide range of associations and cooperatives. I am aware that the law associated with associations and cooperatives is long overdue for review.2020-06-16View Hansard
4.10 pmMr KNUTHMixed

Acknowledged the value of the bill for 22,000 associations but raised concerns about potential misuse of dispute resolution procedures and fair trading inspector powers to enter premises without a warrant.

When we frame legislation, we must ensure that it is beneficial to these associations and not to their detriment which makes it more difficult for them to operate.2020-06-16View Hansard
4.18 pmMr KRAUSEMixed

Noted he had raised these issues five years earlier and welcomed some reforms, but criticised the bill as a missed opportunity for failing to address dispute resolution and imposing more stringent requirements on volunteers than corporate directors.

Executive committee members and organisations under this act can suffer consequences or be more exposed when it comes to matters like insolvency than directors under the Corporations Act. I do not know how that slipped through the net.2020-06-16View Hansard
Became Act 17 of 202022 June 2020
This summary was generated by AI and has not yet been reviewed by a human.

Plain English Summary

Overview

This bill modernises the rules for Queensland's 22,660 incorporated associations and charitable organisations. It cuts red tape by allowing groups registered with the national charities regulator to avoid submitting duplicate financial reports to Queensland, introduces clearer governance standards for committee members, and updates processes that had not been reformed since 2007.

Who it affects

Incorporated associations, their committee members, and charities benefit from reduced paperwork and clearer rules. Committee members face new statutory duties with penalties for non-compliance, but also get better guidance on their responsibilities.

Key changes

  • Associations registered with the ACNC can be exempted from Queensland financial reporting, ending duplicate paperwork for about 3,759 associations and 3,220 charities
  • Committee members must now meet statutory duties of care and diligence, disclose conflicts of interest, and prevent insolvent trading, with penalties of up to 60 penalty units
  • Associations must have a grievance procedure in their rules, requiring internal mediation before taking disputes to the Supreme Court
  • Associations can now wind up voluntarily through a simple application instead of requiring expensive court processes
  • Meetings can be held using technology without needing to change the association's rules, and common seals are now optional