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If your association currently uses the model rules then you have two choices.
First, you can do nothing and when the twelve-month transition period ends,
that is, on the twenty-sixth of November, 2013, the new model rules will apply automatically.
Or, at any time before the twenty-sixth of November, 2013
notify the registrar that the association has approved,
by special resolution, the adoption of the new model rules.
Even if your association is happy to wait for the default date,
it is still a good idea for your members to look at and discuss
any issues arising from the new model rules.
You will notice, for example, that there are now 77 rules instead of 36.
The greater detail will help you know what to do.
It is important that your members understand and agree
that the new model rules suit your association's needs.
If your association currently has its own rules,
approved by the registrar,
then they will continue to be valid.
Therefore, you do not need to change them.
If you decide at any time in the future to alter your rules
you will need to comply with the requirements of schedule one of the Act.
This schedule outlines all matters that must be included in your rules
while the model rules are a guide to how your rules should be structured.
If you choose not to change your rules
and your rules are silent on a matter that is covered by schedule one
or is inconsistent with some changes to the law
then the relevant provision in the model rules will apply.
For example, if your rules do not have a grievance process,
then the grievance process in the model rules will apply.
As, always, if at any time
your association chooses to adopt the new model rules
or to alter its existing rules to comply with the Act,
then you will need a special resolution
that is passed by seventy-five per cent of the members present at the meeting.
Schedule one of the Act covers mandatory items for rules.
These include the association's name and purposes,
members' rights and obligations,
how a member resigns or ceases to be a member,
the process to appoint and remove a secretary,
preparing and keeping minutes of meetings,
how members can access minutes of general meetings,
and members' right of access, if any, to the committee minutes.
At any time your association changes its own rules or constitution
you must ensure all the mandatory items in schedule one of the Act are covered.
For example, you are required to provide a process for members
to have access to other documents of the association, such as financial records.
The model rules can be used to guide you on these mandatory items.
If you decide to adopt the new model rules,
you will customise them for your association
by adding your association's name,
current statement of purposes,
and current financial year.
If you decide to change the name, purposes or financial year,
or if you alter any other areas of the model rules,
then you are creating your own rules and you must apply to the registrar for approval.