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What is the difference between model rules and own rules?

Your association may use the model rules, or create its own.

All association rules must comply with the 18 mandatory matters listed in Schedule 1 of the Associations Incorporation Reform Act 2012.

If you are incorporating a new association, you may use the model rules or create your own.

If you create your own rules, they have to address the mandatory matters. The model rules already address these matters.
If an existing association uses its own rules, and they do not address all the mandatory matters, the association does not need to amend its rules to meet them, because the Act automatically supplements their rules with the provisions from the model rules which address the mandatory matters.

However, if an existing association changes its own rules, the amended rules must meet all the mandatory matters in Schedule 1 of the Act.

Model rules

The model rules meet the required matters of the Act. Using them can save your association the time and expense of drafting its own.

Own rules

Your association may develop its own rules to suit its particular circumstances.

We encourage you to use the model rules as a guideline when drafting your own rules, making amendments to suit the needs of your association when required.

You do not have to provide the same level of detail or number of rules; however, the model rules may help you with the wording of some of your own rules and the smooth running of your association.

For a list of provisions that must be included when your incorporated association creates its own rules, view our Own rules - incorporated associations page.

This answer is general in nature and is not a substitute for legal or professional advice.