Associations Incorporation Reform Act 2012 (review)
This page provides general information and should not be considered as legal advice. Seek legal advice if you are unsure about your legal rights. Be aware that the law can change.
VCAT can review certain decisions made by the Registrar of Incorporated Associations or by the secretary of an incorporated association under the Associations Incorporation Reform Act 2012.
Cases we can hear
You may be able to apply to VCAT if you are a person or incorporated association affected by a decision by the Registrar of Incorporated Associations:
- to refuse to register an association
- to refuse to register a registrable body (for example, a company limited by guarantee, a co-operative, society, association, etc.)
- to direct an incorporated association to apply to be registered or incorporated as a prescribed body corporate
- to release personal information on the basis it is in the public interest to do so
- to grant or refuse to grant an exemption from the requirement to permit a member to inspect the register of members
- to revoke or refuse to revoke an exemption.
You may be able to apply to VCAT if you are a person affected by a decision of the secretary of an incorporated association:
- to refuse to restrict access to your personal information recorded in the register of members.
Legislation that gives VCAT the power to hear these applications
Associations Incorporation Reform Act 2012 – sections 7, 13, 59, 59, 59A, 59B, 111 and 195.
If you have a decision document, use it to help you complete the VCAT application form and attach a copy of the document to your application.
You must apply within 28 days after the relevant notification:
- if your application to register an association has been refused; or
- if your application to register a registrable body has been refused; or
- if the secretary of an incorporated association has refused to restrict access to your personal information.
If the Registrar has directed the registration of, or incorporation of, a prescribed body corporate you must apply within 28 days after the notice of the direction is received by the association.
If the Registrar has decided to restrict public access to some personal information, or decided to release some of the personal information, you must apply within 28 days after the later of:
- the date the notice of decision was given
- the day on which a statement of reasons was given
- the day on which you were informed that no reasons would be given.
What can VCAT order?
Unless the relevant Act of Parliament gives us different powers, VCAT can:
- affirm the original decision, in which case the original decision will stand
- vary the decision
- set aside the decision and substitute our own decision
- set aside the decision and remit (send back) the matter for reconsideration by the decision maker giving directions or recommendations
- invite the decision-maker to reconsider their decision at any time during the case.