The Associations Incorporation Act 1987 requires an association to keep an up-to-date register of all members, including their residential or postal addresses. The Act also provides each members with the right to inspect the register and to make a copy of any part of its contents.
A member does not, however, have the right to remove the register from the association’s possession.
The members’ register has proven to be problematic for some associations and a refusal by some committees to allow access to the register has in the past led to the prosecution and finding of a number of committee members. Some people have held a belief that the Commonwealth’s privacy legislation overrides this requirement of the Associations Incorporation Act, but the courts have not supported this view. Instead, it is clear that committees do not have the power to deny members this fundamental right of access to the members’ register.
It is relatively easy to comply with the requirements of the Act, while at the same time minimizing the concerns that some people may have over their name and address being made available to other members.
- Make sure that the register contains only each member’s name and their residential or postal address. If the associations wants (or needs) to keep other information on its members (such as telephone numbers, or spouse’s details, etc.) then develop a separate register that contains these details. This should be kept secure and confidential, as it could be subject to privacy considerations. The simple register of names and addresses is the only register that is required to be accessed under the Act.
- Ensure that members are made aware that it is a legal requirement that their name and address can be made available to other members. It is a good idea to advise people of this requirement when they apply to become a member; for example, by making it clear on the application form. For current members, it can be useful to defuse some of the emotion by pointing out that their names and addresses are also obtainable through sources such as the electoral roll and the telephone directory. Members can of course give a Post Office box as their address for the purposes of the register, although the cost may not be justified for most.
- Do not allow members to record their contact address as c/- the association. Legal advice indicates that the address on the register must be at least the postal address to which mail for that person would normally be delivered.
- Safeguard the privacy of under-age members by creating a “non-member” category for them (such as “players” for juniors in a sporting club). There can often be particular concerns about privacy for this group and by making them “something other than members” means that their addresses would not be available to other members through the association. As non-members, juniors would not be able to join the committee for example, but in any event, there is doubt over whether it is legally appropriate for under-age persons to serve in that capacity. Creating a “non-member” category would probably involve an amendment to the rules of association.
- Remember that your association does not have to provide a copy of the members’ register for a person to take away and use. The requirement is simply to allow a member to view the register and for the members to make a copy of all, or part, of the register.
Taken from INC: A Guide for Incorporated Associations in Western Australia, November 2014.
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