Due to COVID-19 and the restrictions put in place relating to public gatherings, some associations found it difficult to comply with the legislative requirements around holding Annual General Meetings (AGM).
With this in mind, the Government granted a 6-month extension for associations to lodge periodic returns and to hold an AGM.
As public gathering restrictions have now eased, this extension has finished. AGMs should be conducted in accordance with the Associations Incorporation Act 1985 (the Act).
Consumer and Business Services will not take action where a virtual AGM is held and does not comply with the association’s rules due to requirements that meetings are held in person.
Associations should remain mindful of good governance practices, including:
- appropriate record keeping
- giving members reasonable notice of meetings, regardless of the form an AGM takes
- allowing members to ask questions or raise concerns about the way a meeting is run.
While Consumer and Business Services will not take action in related to non-compliance involving actions in response to COVID-19, this doesn't protect the association against any third party claim that the action contravened the legislation.
Periodic returns should now be submitted in accordance with the Act. Requests for extensions will be considered on a case by case basis.
For more information, contact associations [at] sa.gov.au