Bills
Associations and Co-operatives Legislation Amendment Bill 2025
Second reading
Resumed from an earlier stage of the sitting.
Hon Andrew O'Donnell (5:06 pm): I rise for the third time now to continue my contribution on the Associations and Co-operatives Legislation Amendment Bill. I will not make members suffer through a summation or a recap of my earlier comments.
Hon Matthew Swinbourn: I missed it.
Hon Andrew O'Donnell: If the minister missed it, there was some really good stuff in there. In particular, I encourage him to look at the part about Monday night bingo at the Osborne Park Bowling Club. Eyes down, six o'clock! It is an exceptional night.
Several members interjected.
The President: Order! Can we just have a little bit of quiet by members moving on my left, and can we have members listening to the honourable member.
Hon Andrew O'Donnell: Thank you, President.
When my remarks were interrupted, I was about to speak about some of the more practical and meaningful support that the Cook Labor government is already delivering to our multicultural groups that will also get picked up by this bill. I think other forms of support that are coming in are also worth looking at at the same time. I know from my notes that a number of my colleagues shared their experiences in this area earlier in the second reading debate. I want to recognise those, especially the comments made by Hon Klara Andric, Hon Ayor Makur Chuot and Hon Dr Parwinder Kaur, who all made some fantastic contributions about their experiences in the multicultural community and their groups.
It is important that we do not just talk about inclusion but that we back it in with action, and that is something that this government is doing. Migrants from all around the world have come to WA and we are richer for it. Many associations have formed to help these groups maintain their cultural heritage. I have seen firsthand the great work that those groups do. We know that these groups are central to community life, whether it is weekend language schools, local culture dance groups, food, music and cultural festivals or simply having a cup of tea at the local hall on a regular basis. They bring people together and they create spaces for connection and for identity, and that is where intergenerational knowledge and stories are passed down, often through volunteering, mentoring and good old-fashioned hard work.
One thing we do see, though, is that the facilities of many of these groups that were formed 30, 40 or sometimes 50 years ago are falling apart. That is where some of the support is coming in. I am really proud to highlight the role of programs like the culturally and linguistically diverse Community Capital Works Fund. It is not just about bricks and mortar; it is about strengthening the foundations of multicultural communities. When a local association gets funding to upgrade its kitchen or make a bathroom accessible, what that really means is that it can now welcome elders with mobility issues or host intergenerational cooking classes that will help pass on and share that invaluable cultural history. I have seen it firsthand at the Tuscany Association WA in Balcatta, and I will speak more about that shortly.
I want to make it clear that it is not the exception in this. It is one of the many groups stepping up to preserve culture and community. In many ways, WA has been built off the back of the hard work of migrants going back decades. This government is stepping up to support them. The truth is that these groups often operate on very limited or no resources and they are powered entirely by the goodwill of volunteers. People will often essentially work a second full-time job on the committees of these groups just to make sure that they keep the lights on, someone is behind the bar or bingo happens. It is all important work. That is why targeted, fit-for-purpose programs like the CALD capital works fund are so vital. These sorts of grants are investments. They are investments in our community, because when we invest in this kind of cultural infrastructure, we invest in belonging, social cohesion and the kinds of communities where everyone, no matter where they come from or which language they speak at home, feels that they do have a place.
It is also about recognising the value of lived experience. Our multicultural communities bring with them not only their heritage and history, but also innovation and new ways of doing things. For example, basically the whole Balcatta area was developed off the back of a large amount of Italian migration and market farming over the mid-1900s. We still see the remnants of that today, not just in the number of cultural groups in the area but in the architecture and the whole community, and that is really important. Many of the people who operate these groups are small-business owners, carers, artists, teachers, students or retirees, but they also contribute through these committees every day to the social and economic fabric of WA.
I mentioned the Tuscany Association earlier. I can tell honourable members that the one thing I like more than a bingo night is its monthly pizza and pasta night.
Hon Dan Caddy interjected.
Hon Andrew O'Donnell: It is a great night, member. "Legendary" is the word I would use to describe the fare on offer, and I do not say that lightly. I was really happy to be there earlier this year with the local member, David Michael. In fact, we were delighted to have with us the Deputy Premier, Rita Saffioti, and the now member for Landsdale, Daniel Pastorelli. It is a fantastic example of a local club that is very active in keeping its community connected. The committee is headed by Sandro Baldi. He is a lovely man. He has driven engagement at the club. He has really reinvigorated the membership. The committee, headed by Sandro, does a fantastic job and the results can be seen in a growing engaged membership.
The Cook Labor government has seen the hard work of these associations and we are backing them in. The Tuscany Association has received support through the CALD capital works grants scheme a couple of times, most recently to the tune of $225,000 earlier this year. The support offered by the Cook Labor government has been put to great use, with upgrades and refurbishments to the club's kitchen, the members' card room, carpets and the solar system, including battery storage, with more in its future plans. That is the kind of return on investment we are seeing. It is not just the pizza night, although, as I said earlier, the pizza is very good; it is about fostering community. Helping to maintain the bricks and mortar helps the association to foster community. It is a place where people come for not only the food but also the company. It is where new arrivals meet with those who have been here for decades, where generations mix and where culture is not just remembered, but lived.
There are many examples I could add to my contribution. The Ilinden Macedonian Centre very recently celebrated its 35th anniversary. The Stirling Adriatic Centre, the Chung Wah Association, the Siciliani Association and the WA Italian Club are just a few I can name off the top of my head. Their contributions to Western Australia are our shared culture and our shared societies and events. Supporting them through these reforms and through the CALD capital works fund is supporting their contribution to Western Australian society.
I will sum up some of the features of the bill. I want to talk about a few of the changes that will certainly assist with the operation of these groups. Associations and prospective associations will gain the ability to reserve a name for up to three months, which will be very helpful to those groups in the planning stages. The bill also clarifies some particulars, such as that an association's rules that impose additional requirements to the base rules imposed by the act are valid, as the Associations Incorporation Act is designed to provide minimum governance standards but not limit an organisation from imposing additional requirements.
We have all lived through COVID. We all know that digital meetings are here to stay. The COVID pandemic may have necessitated the societal change that we have all been through, but, as we have moved on, digital meetings, much like working from home, are here to stay and they are ingrained in our work culture and our lifestyle, so it is natural that they will permeate our associations as well, and it is right that they do. This bill will give incorporated associations the option to hold meetings and to enable members to vote and attend meetings online. For a lot of people, this will open up the ability to participate. As I said earlier, participation in these groups is crucial. At a time when volunteer participation is on the decline, doing these things to support associations is really important.
I know from my own time in associations and on community groups that it can be extremely hard to get everyone in the same room. Parents may work multiple jobs. They may be shift workers. Both parents may work, which is increasingly typical. People often have caring responsibilities, whether it is for their mum or dad or their kids. Older members may simply have opted not to drive at night anymore. They are all real barriers, so one of the things that this bill addresses is their accessibility to these groups, as they all have a contribution to make. Letting people attend meetings online and cast their vote electronically is not just convenient; it is inclusive. It is about recognising the demands of modern life and making sure that our community groups evolve with us. If someone has the passion and commitment to contribute, they should not be locked out just because they cannot physically be in the room. We should be enabling that whenever we can. As I said, at a time when voluntary participation in all aspects of society is in decline, the least we can do is make it a little more convenient and accessible for those who want to make a contribution.
Many of the changes in this bill are actually just common sense and, in some cases, like this one, will simply allow associations to utilise mechanisms that we have all been taking advantage of for years and increasingly. The act will also be amended to provide for restriction of access to personal information contained in a member register when disclosure of such information has safety or security implications. I am really pleased to see this included in the bill. It is quite consistent with other action by this government to assist on these issues.
The bill also includes improvements to provisions for appointing auditors and, importantly, provides for new broader powers to enable the Commissioner for Consumer Protection to cancel the incorporation of an association. The new powers will allow the commissioner to distribute surplus funds on the voluntary winding-up of an association in the same way that funds can be distributed following the cancellation of an incorporation of an association. Although I do not expect that is going to be used too often, it is a good provision to have in the bill for when the occasion arises.
The bill will also enhance existing dispute resolution provisions. As currently drafted, the Associations Incorporation Act does not enable former members who have been expelled to avail themselves of the State Administrative Tribunal as a method of dispute resolution over a decision. This bill will rectify that.
I am glad to speak on this today, as I said, with my third contribution. Although most of these amendments seem relatively minor in nature, their impact on the people involved in the associations is going to be dramatic. As I said, it can be hard getting everyone in the room. The simple stroke of a pen allowing people to have online meetings and vote online can make just the simple act of calling a meeting and having a meeting much, much easier. I call many of these provisions quality-of-life provisions. They are provisions that will simply make the life and operations of associations easier and more convenient. Given their contribution to society, I think that is the least we can do. With that, on my third attempt, I commend the bill to the house.
The Acting President: Thank you Hon Andrew O'Donnell. I note I gave you the call on 19 June. Thank you for your contribution over eight weeks!
Hon Pierre Yang (Parliamentary Secretary) (5:22 pm): I am pleased to rise and make a contribution on the Associations and Co-operatives Legislation Amendment Bill 2025. As we have heard from my other colleagues here, this is a very important piece of legislation that will update the Associations Incorporation Act and the Co-operatives Act.
We heard from the parliamentary secretary, who has carriage of this bill, on 29 May 2025. I just want to bring to the attention of members that there are more than 17,000 associations in Western Australia and there are tens of thousands of volunteers who are involved in the administration and running of those associations. Their time and effort make our community more vibrant. We have heard from many members that in our communities, many active associations provide benefits to their membership and also local communities. Today I first want to look at the terms of the bill. Then I will look at the history of associations legislation in Western Australia.
If I may, there is a difference between incorporated associations and unincorporated associations. Incorporated associations are registered under the Associations Incorporation Act 2015. The legal responsibility is taken on by the association. It means that association members are not intrinsically legally liable for any liabilities, whereas members of unincorporated associations can be held liable for wrongs that the association commits. Many community groups will choose to incorporate their associations. The legislation in the form of the Associations Incorporation Act provides the legal framework for people to register and incorporate their associations.
If we look at the bill before us, we see that it is in response to the statutory review of the Associations Incorporation Act 2015. The report on the statutory review was delivered in December 2022. I have here a copy of the report on the statutory review. I intend to delve into the report on the statutory review in a bit of detail at a later stage of my contribution. I want to now come back to the very informative and comprehensive second reading speech of my very good friend Hon Dan Caddy, who is the parliamentary secretary with carriage of this very important bill. He stated in his second reading speech that the report was tabled in Parliament in March 2023. The date of the report was December 2022, and then, a few months later, it was tabled in 2023 when Parliament resumed after the Christmas break.
The Associations Incorporation Act 2015 requires that associations create and maintain a register of members that must contain members' names and addresses. The legislation also gives all members of the association the right to inspect the register of members and make a copy. Obviously, the right to access is important for the very democratic principles of transparency. Nonetheless, the feedback from the community identified some issues, and that is why two key changes to the register are being made in response. I quote the parliamentary secretary's second reading speech:
Firstly, the act will be amended to provide for restriction of access to personal information contained in a member register, when disclosure of such information has safety or security implications. Secondly, the act will be amended to provide a maximum timeframe of 30 days for providing members with access to the register following a request.
The Associations Incorporation Act 2015: Report on Statutory Review explained the detail of that proposed change, as articulated in the Associations and Co-operatives Legislation Amendment Bill 2025. The existing legislation obviously facilitates the ability of people to access members' names and addresses. The report on statutory review stated:
Access to a member register can, however, be contentious, and legitimate concerns about member privacy and safety resulting from the provision of the information within a register have been raised with Consumer Protection.
It is noted that a person who obtains information from the member register cannot use or disclose that information for any purpose that is not directly connected with the affairs of that association or related to the administration of the Act. If they do so they can face a fine of up to $10,000.
Feedback was sought from the community, and whether the requirements of providing information has an impact on safety was raised in questions to the sector. The report is very helpful in providing the following information to compare other jurisdictions and their associations legislation:
In QLD, VIC and the Northern Territory … the register of members must be available to inspect on request at any reasonable time. SA and Tasmania do not have any explicit requirements for access while in NSW access is determined by the rules of an association. In the Australian Capital Territory a committee may refuse access if it is sought for a reason not related to the management or purpose of an association, prohibited by an association's rules or is deemed improper.
I will touch on the aspect of community and stakeholder feedback. The questions that were asked included:
Are you aware of any incidents where the safety of a member or members of an association has been impacted by the provision of the members' register of an association to a member? If so, please provide information about the circumstances.
Do you believe that an association should be provided with a time limit for complying with the requirement of section 54 of the Act to provide access to the register? If so, what is a reasonable time to allow?
Do you believe that the Act should specify a fee for provision of a copy of the register to a member? If so, what do you believe is a reasonable fee?
Obviously, that is referring to the time limit for the provision of the register. It asks about the safety concerns, whether stakeholders have any and the fee for provision. I think these are very pertinent questions. First and foremost, the provision of a member register that contains people's names and addresses, and presumably their phone numbers and emails, is a big deal, and we need to find the right balance. I want to thank those who were involved in the statutory review back in 2022 for asking the sector those questions and seeking its feedback.
The following feedback was provided to the review personnel:
Twelve written submissions responded to the question relating to impacts on members safety resulting from the provision of a member register. Eight reported no safety issues while four expressed concerns relating to the requirement to provide a copy of the register and the potential impact that has on members' privacy and safety. Two of those four written responses reported bullying and harassment of members as a result of providing the member register.
Of the 136 responses to the survey question asking associations if they were aware of any safety incidents arising from the provision of a member register 116 respondents (86 per cent) answered no while 19 (14 per cent) responded yes. The adverse incidents related to bullying and harassment, mainly through the misuse of email addresses obtained from registers.
Clearly, there is sufficient evidence to warrant a change in the legislative framework.
The question about time limits asked in the community and stakeholder engagement had the following responses:
Six written responses were received to this question with four of those responses being for the proposal and two being against. The key reason provided for supporting the proposal was that setting a time limit for provision would help ensure that requests to inspect the register are met in a timely fashion. It was suggested in several submissions that any time limit set should take into account the diversity of the sector, so that with smaller associations with limited resources are provided with a longer timeframe to comply than that provided to larger associations with access to more resources.
The key reason for opposing the proposal was that a large number of incorporated associations are small, voluntary run organisations with limited resources. Introducing a time limit on the provision of a member register on these types of organisations would impose an onerous compliance burden that may be difficult to meet.
It continues as follows:
If a time limit is to be provided, suggested periods in the written submissions ranged from two weeks to three months.
Of the 135 survey responses to this question 71 (53 per cent) agreed, 48 (36 per cent neither agreed nor disagreed) and 16 (12 per cent) disagreed …
One month was the most popular choice for a time limit … followed closely by 14 business days … and seven business days … There were also several suggestions supporting a three month time limit.
On the question of a fee for provision, the responses indicated that 53% said no to a fee being specified for the provision of a copy of the members register while 47% said yes. We have just talked about the members register.
Clause 11 of the bill proposes to amend section 53 of the Associations Incorporations Act 2015. The explanatory memorandum states:
Section 53 of the Associations Act lists information that must be included on the register of members. This clause amends section 53 to provide that an incorporated association is not prevented from including other information on the register of members, if it is in accordance with the rules of the association.
Clause 12 seeks to amend section 54 in relation to the inspection of the register by a member. The explanatory memorandum states:
This clause replaces subsection (1) to provide that, subject to restrictions under the new section 56A, an incorporated association must make the register available for inspection by the member no later than 30 days after making a request or a shorter period if stated in the rules of the association.
This is a direct response to the preferred or most popular response in the stakeholder engagement process, as stated in the Report on Statutory Review. Section 54(2) will be amended to make the right of members to make a copy or take an extract from the register subject to the restrictions of proposed section 56A. Proposed section 56A, entitled "Restriction of access to personal information", states:
(1) A member of an incorporated association may apply to the secretary of the association to restrict access to the personal information of the person recorded in the register of members.
(2) A request under subsection (1) may seek to restrict access so that the personal information is available only to the Commissioner and the secretary.
(3) If the secretary is satisfied that prescribed circumstances exist for doing so, the secretary must agree to the request.
(4) If the secretary agrees to the request, access to the personal information is restricted in accordance with the request.
(5) If the secretary refuses the request, the secretary must notify the member who made the request of the decision as soon as practicable and in any case within 30 days from the date of the decision.
(6) The notice must —
(a) be in writing; and
(b) include the reasons for the decision.
Obviously, we have heard that there were safety and privacy reasons for doing this and that there was evidence of harassment and bullying because of the provision of information. The government has taken measures in response to the stakeholder engagement and feedback from the community and has therefore included the proposed changes in clauses 11 and 12. I think these are very worthy amendments that should be supported by this house.
Hon Dan Caddy, who has carriage of the bill, explained that provisions in the bill will allow for electronic participation. Obviously, technology is very different today. During the COVID-19 pandemic, people were able to participate in and carry out their work or community association duties and could attend meetings and events online. I remember that, one year, electronic attendance was allowed for members who could not attend budget estimates in person due to COVID restrictions. I also remember that in the first year of the COVID-19 pandemic, my children, who were involved in Scouts, obviously could not attend any in-person scouting activities. The scouting group that my children were involved in allowed some activities online and had all the kids playing some kinds of games. They could see each other when using iPads or whatever gadgets they had, so there was a way to get around the restrictions at the time. Obviously, time has moved on and we are allowing better participation using electronic means. This is a very important step in modernising the legislation in relation to participation in the meetings and events of associations. The parliamentary secretary stated in the second reading speech that:
The bill includes provisions to allow electronic attendance and voting at meetings as the default position, with cooperatives able to opt out of these requirements within their rules. As with associations, this will facilitate increased participation and inclusion in meetings of cooperatives and will be of particular value to cooperatives with a regionally based membership. The bill also includes provisions to clarify aspects of voting by proxy at general meetings, which will allow members to better participate in the democratic decisions of cooperatives. Additionally, the bill will make amendments to provide for electronic document signing. These changes to the Co-operatives Act will provide further efficiencies in the conduct of a cooperative's activities and reflect a more contemporary approach to governance and administration.
The parliamentary secretary went on to say:
Associations and cooperatives play an important role in community and commerce in WA.
That is true, because I have mentioned that there are more than 17,000 incorporated associations and it is important that we recognise the contribution associations and those who are involved in associations make. The bill also talks about the reservation of names. It talks about annual general meetings and holding meetings remotely in whole or in part, in addition to the register of members I have talked about in some detail earlier. It refers to voluntary winding up on the Corporations Act and a number of other changes.
I will turn my attention to a bit of history on the legislative framework concerning associations. The current legislation, the Associations Incorporation Act 2015 was introduced by the former government as the Associations Incorporation Bill 2014. I have in front of me the second reading speech from the minister who had the carriage of that bill, Hon Michael Mischin, whom I had the pleasure of serving with during my first term. He was also the Chair of the Standing Committee on Uniform Legislation and Statutes Review and I was the Deputy Chair of that committee. On other bills that I have made a contribution on in the last sitting period, I talked about the commencement clauses. Those commencement clauses were discussed in detail in the uniform legislation committee for the bills that we were looking at, which had a uniform law in nature. The default position of the uniform legislation committee on the commencement clauses is that if it is articulated by the bill itself, Parliament can dictate when certain parts will come into force, but if it is fixed by or is proposed that it will come into operation upon proclamation, there is always the potential for the erosion of parliamentary sovereignty. Unless there is a good reason, the uniform legislation committee generally states that and puts out its view whether there is a good reason to allow the executive to have certain parts of a bill come into operation by proclamation.
I will quickly refer to the second reading speech by Hon Michael Mischin back in 2015. He stated that:
The purpose of the Associations Incorporation Bill 2014 is to repeal and replace the Associations Incorporation Act 1987.
That was a very old piece of legislation. The 2014 bill was intended to:
… allows an association to incorporate as a separate legal body and limits the liability of its members for lawful activities.
That is the point that I set out and explained a bit at a very early stage of my contribution.
With the remaining time I have it is important to note that Western Australia has been on a journey looking at modernising our legal framework for associations. The modernisation, which was undertaken in 2014 and 2015, was a very important step. I practised in the legal profession from 2007 to 2017 and in my time I helped clients who wanted to incorporate their community associations. There was a changeover in 2014 and 2015 because of the new legislation at that time. I recall that the department was very helpful in providing a model rule for associations that people could refer to to make changes to suit their purpose and the intended outcomes of their associations. I remember that the process of incorporating an association was relatively smooth and efficient. People can provide all the information that is required and within a certain timeframe their associations will be either approved or they will be requested to provide further information. As long as they tick all the boxes, generally, associations will be incorporated within a reasonable timeframe.
I thank the parliamentary secretary Hon Dan Caddy for his carriage of the bill. It is a very important piece of legislation amending certain aspects of the Associations Incorporation Act 2015 and also the latest Co-operatives Act. With those words, I commend the bill, but once again, I emphasise the importance of our community associations and cooperatives in providing that important aspect for our community. Most of them are run by volunteers and are providing a very important function for our community. I commend the bill and thank anyone and everyone in Western Australia who is involved in community associations and cooperatives.
Debate adjourned, on motion by Hon Lauren Cayoun.
