Coronavirus (COVID-19) and your rights

If your association is scheduled to hold a meeting, you must follow the restrictions on gatherings.

Under the restrictions you must not enter any single, undivided indoor space if more than one other person is in that space.

Holding a meeting

If you need to hold a meeting you can:

• use a teleconference, videoconference or other means of electronic communication.
  The Associations Incorporation Act 2012 (the Act) permits members to take part in general meetings by using technology that allows members to clearly and simultaneously communicate with each other, regardless of the incorporated association's rules about this. The Act also permits meetings of the committee of an incorporated association to be conducted by use of technology that allows members to clearly and simultaneously communicate with each other.
• proxy voting. You must use a standard form subject to the rules of the incorporated Association. Members must be given a copy of the form with the notice of the AGM/Special General Meeting. A person acting as a proxy must act honestly and in good faith and exercise due care and diligence
• apply for an extension of time to hold the AGM. The Registrar is currently granting three-month extensions and waiving the usual fee. To seek an extension, complete our Extension of time to hold an AGM or lodge financial statements form (Word, 97 KB) and send it to cav.registration@justice.vic.gov.au.

Financial statements

If this emergency makes it difficult to engage an independent accountant or auditor to review your financial statements, you may request an extension. Complete our Extension of time to hold an AGM or lodge financial statements form (Word, 97 KB) and send it to cav.registration@justice.vic.gov.au.

New social distancing measures apply to co-operatives

From midnight on 30 March, there are restrictions on gatherings, to protect members and the public and combat the spread of coronavirus (COVID-19).

Under the new restrictions a person must not enter any single, undivided indoor space if more than one other person is in that space.

If your co-operative is scheduled to hold a meeting (subject to its rules), you should choose an alternative approach. You must adhere to the requirements of the rules of the co-operative and the Co-operatives National Law (Victoria) (the CNL) if you:

• use alternative means to hold meetings including teleconference or video conference. The CNL permits directors to hold board meetings, or transact co-operative business outside physical meetings by the use of technology that allows the board to clearly and simultaneously communicate and share documents with each other. Meetings of the board can also be held by circulation of papers without the board members being physically present together. Circulation of papers can occur by use of technology.
• use proxy voting or postal ballot. The rules of some co-operatives permit the use of proxy voting and/or postal ballot. It is strongly advised that prior to acting under any of these provisions, a co-operative seeks independent legal advice to ensure the board is acting in accordance with its regulatory requirements.
• apply for an extension of time to hold your AGM. The Registrar will approve an extension of up to three months and waive any usual fee. To apply, complete the Application for extension or shortening of time form (Word, 128 KB) and submit to cav.registration@justice.vic.gov.au.

Having your financial statements reviewed or audited

If you are experiencing difficulties engaging an independent accountant or auditor to review your financial statements, you may also seek an extension.

To seek an extension please complete the Application for extension or shortening of time form (Word, 128 KB) and submit to cav.registration@justice.vic.gov.au.

Annual general meetings

There are restrictions on gatherings that apply to annual general meetings (AGMs) and other general meetings.

Under the restrictions you must not enter any single, undivided indoor space if more than one other person is in that space.

Holding a meeting

You must hold the meeting by teleconference or other remote technology.

Some matters do not need an AGM and can be resolved by ballot. You can conduct a ballot by:

• post
• telephone
• internet
• fax
• other electronic communication.

Owners corporations should also consider what powers and functions they can delegate to the committee and/or manager. This can ensure effective administration between meetings.

Owners corporations should consider limiting the use of their power to decide that certain matters can only be dealt with at a general meeting. This will help provide flexibility for decision-making while social distancing is needed.

For general information, view Meetings and committees.

Payment of owners corporation manager annual registration fee

A registered owners corporation manager must pay the prescribed annual registration fee to the Business Licensing Authority (BLA) on the anniversary of the date thpe manager was last registered.

If you are facing financial hardship and cannot pay your annual registration fee, you can apply for a six-month extension prior to the due date by emailing information@bla.vic.gov.au. There is no fee associated with the extension application.

There are restrictions on gatherings that apply to annual meetings or any other meetings.

Under the new restrictions a person must not enter any single, undivided indoor space if more than one other person is in that space.

Holding meetings

If you cannot postpone a meeting, you can meet remotely via a:

• teleconference
• videoconference.

Managers should contact residents as soon as possible to agree on a preferred approach.

We encourage all businesses to set fair prices during this emergency.

Businesses can legally set their own prices, but must not mislead consumers about the reason for increased pricing. Excessive pricing by a business may be found to be unconscionable if the product is critical to help save or protect vulnerable consumers. This would make the high prices illegal. See our information about Price rip-offs.

Private sales are not covered by Australian Consumer Law. Private sellers can legally list face masks, hand sanitiser and toilet paper on classified sites for significantly more than they sell for in stores.

We urge consumers not to pay exorbitant amounts to people reselling important sanitary products. Retailers are aiming to keep shelves stocked with important products for those who need them.

If an event cannot go ahead due to coronavirus (COVID-19) restrictions, this may be a ‘frustrated contract’. This means it is impossible to carry out the contract due to events beyond the control of all parties. In this situation, consumers are entitled to a refund for any services not provided. Organisers may deduct reasonable expenses they have already incurred. Organisers should have clear refund policies and processes, to ensure they meet their obligations.

We recommend buying tickets from ‘authorised sellers’. Tickets sold by unauthorised sellers are not always legitimate. This could make it difficult to get a refund in the event of a cancellation. If purchasing online, use a secure connection.

Insurance may provide further protection for consumers who cannot attend an event due to coronavirus (COVID-19). Check any exclusions carefully, as many policies do not cover ‘known events’.

Many public sporting events cannot go ahead due to coronavirus (COVID-19). A consumer’s first step should be to check any membership or ticket terms and conditions for the seller’s refund policy.

With sports memberships, a range of services may be offered as part of that membership. Each club should clarify which services are being cancelled because they can no longer be provided. This may be a ‘frustrated contract’. In this situation, consumers are entitled to a refund for any services not provided. Clubs may deduct reasonable expenses they have already incurred.