Incorporation for Community Organisations

This article examines the present day legal structures available for community organisations, making some suggestions as to how the law could usefully be changed. It shows how the various unincorporated and incorporated structures all have different advantages and disadvantages, most of which are attributable to the fact that no statutory scheme designed solely for community organisations yet exists in Australia. Even the associations incorporation acts passed in some parts of Australia are not wholly suitable because they also cater for “inward-turning” organisations such as members' clubs. In dealing with possible avenues of reform, the article deals in particular with the topics of creditor protection, distribution of profits to members and (following on from the latter) the role of members in modern community organisations.