President — Officer Duties

As president of an incorporated association, you are an officer under Queensland law. The Associations Incorporation Act 1981 (Qld) imposes four personal legal duties on every officer. These were introduced by the Associations Incorporation and Other Legislation Amendment Act 2020 and are modelled on company director duties under the Corporations Act 2001 (Cth).

These duties apply to every committee officer, not just the president, and are identical for all positions — see Committee — Shared Legal Duties for the full explanation of each one. As president, you also chair the meetings where these duties are exercised, which means you set the tone for the committee's compliance. Below is a short reminder of each duty, plus what it means specifically for the president.

Breach of any of these duties carries a penalty of up to 60 penalty units ($10,362 at 2026/27 rates, re-checked each 1 July) per offence.

The four duties

1. Care and diligence

Stay informed and engaged in committee decisions (s.70E — see Committee — Shared Legal Duties for the full duty).

For the president specifically: as chair, you are responsible for ensuring the committee is making informed decisions. Rushing through agenda items, failing to allow proper discussion, or ignoring dissent from other members can undermine this duty.

2. Good faith

Exercise your powers honestly, in the club's best interests, and for a proper purpose (s.70F — see Committee — Shared Legal Duties for the full duty).

3. No misuse of position or information

Do not use your position or information you hold to gain personal benefits or cause harm to the club (s.70G, s.70H — see Committee — Shared Legal Duties for the full duty).

For the president specifically: the president's authority to chair meetings and set agendas must not be used to suppress legitimate discussion, steer outcomes, or advantage particular members.

4. No insolvent trading

If you have reason to believe the club cannot pay its debts as they fall due, do not approve new spending — raise it formally at committee and have it minuted (s.70I — see Committee — Shared Legal Duties for the full duty).

Conflicts of interest

Conflict of interest disclosure is mandatory under s.70B and s.70C — see Committee — Shared Legal Duties for the full six-step declaration process.

If you are the president declaring the conflict: you must hand the chair to another committee member (or the vice-president if one exists) for that item. You cannot chair a discussion about a matter in which you have a personal interest.

A ready-to-use declaration form is not public yet.

Grievance procedure

Since 1 July 2024, every Queensland incorporated association must have a formal grievance procedure. The Model Rules do not give the president a special role in it. The president takes part as a committee member, like everyone else on the committee.

How it works: the member with the complaint writes to the other party, and also to the management committee if the committee is not the other party. Both sides must first try, in good faith, to sort it out. If it is not sorted out within 14 days, the member has a further 21 days to ask the secretary to refer it to mediation. The committee must then refer it within 14 days.

If a member's complaint is against the club itself, the club cannot take disciplinary action against that member until the grievance procedure is finished.

Source: s.47A(5); Model Rules rr.12A–12F

A related protection: reliance on advice

You are allowed to rely on advice from qualified professionals (accountants, lawyers, other experts) when making decisions. This is not a fifth duty — it is a protection: acting in good faith on properly obtained professional advice supports your defence if a decision is later questioned (s.70J).

Sources

Associations Incorporation Act 1981 (Qld) — ss.47A, 70B, 70C, 70E, 70F, 70G, 70H, 70I, 70J. Associations Incorporation and Other Legislation Amendment Act 2020 (Qld).