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If your Club is Incorporated and its constitution based on the current Queensland Model Rules, the following applies:
Mandatory Executive Positions
The Model Rules require that an incorporated association must have, at minimum:
• a President/Chairperson
• a Secretary
• a Treasurer
• any additional committee members the association chooses to appoint
These roles form the management committee, which is legally responsible for running the association.
If these positions are not filled, the association is not compliant with the Model Rules or the Associations Incorporation Act 1981.
Casual Vacancies
Under the Model Rules:
• A casual vacancy occurs if a committee member resigns, dies, becomes insolvent, is removed, or is otherwise unable to continue.
• The management committee must appoint a replacement to fill the vacancy until the next AGM.
Vacancies cannot simply be left unfilled.
Secretary Requirements (Legal Obligation)
Under the Associations Incorporation Act 1981:
• Every incorporated association must have a Secretary at all times.
• The Secretary is the legally recognised contact for the Office of Fair Trading.
If the Secretary position becomes vacant, the association must appoint a replacement within one month.
If Mandatory Executive Roles Cannot Be Filled
If the association cannot fill the required positions (President, Secretary, Treasurer):
• It may be unable to operate legally.
• It may be unable to lodge required documents (AGM minutes, financial statements, etc.).
The Office of Fair Trading may require the association to:
◦ hold another general meeting to elect officers, or
◦ consider winding up if a functioning committee cannot be formed.
While this is not stated explicitly in the Model Rules, it is a practical consequence of the Act’s requirements.