The Reform Regulations 2012, which are compulsory, not theoretically optional like the model rules, require the committee to submit a clear financial statement to the annual general meeting of the organisation. This statement must be properly audited. Failure to have it audited makes the association subject to a fine.
The Regulations contain a list of other things for which an association can also be fined. They include “Failure to display name on business documents etc”, “Failure to display registration number on business documents etc”, “Failure to notify Registrar of change of registered address”, “Failure to lodge particulars of trust, copy of deed etc within 14 days of association becoming a trustee”, “Failure to give member copy of rules or minutes of general meeting within 14 days of receipt of a written request”, “Failure to notify Registrar within 14 days of appointment as secretary”, “Failure to retain financial statements for 7 years after annual general meeting” and “Failure to keep original of a document of which a copy has been lodged with the Registrar for 7 years and, if requested to do so by the Registrar, produce that document”.
But my favourite among the things that bring fines on Victorian NGOs is “Fail to retain certificate referred to in section 94(3), 97(3) or 100(3) for 7 years after signing”. It doesn’t even tell you what document those sections come from, but it’s probably one you would need a legal degree to understand. I could never be a committee member of a Victorian NGO. If the government accused my association of this offence, I wouldn’t have a clue as to whether the charge was true.
I don’t intend to imply that the Victorian law and regulations are particularly onerous. But if the Cambodian government were to translate them into Khmer and submit them to be passed by the National Assembly, I suspect that most or all of the NGOs that have been complaining about the current draft law would say that the regulations from Australia were “even worse”.
By Allen Myers
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