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Why your club should adopt the Model Rules
They are free, the government maintains them, and they protect your committee more than a custom constitution ever will.
Every committee position guide in this section cites specific rule numbers from the Queensland Model Rules. If your club uses a custom constitution instead, those rule numbers may not apply. This page explains what the Model Rules are, why they exist, and why adopting them fully is the right decision for most croquet clubs.
What are the Model Rules?
The Model Rules are the Queensland Government's standard constitution for incorporated associations. They are set out in Schedule 4 of the Associations Incorporation Regulation 1999 (Qld) and contain 50 rules covering every aspect of how an incorporated association must operate: membership, meetings, the management committee, financial management, disputes, and winding up.
They are drafted by the Queensland Government specifically for incorporated associations, designed to satisfy every minimum requirement of the Associations Incorporation Act 1981 (Qld) by design, maintained and updated when the law changes, and free.
When a club adopts the Model Rules, its constitution consists of its registered name, its objects, and the Model Rules — no further document is needed s.46.
How adoption works
| Action | How | Source |
|---|---|---|
| Adopt Model Rules on registration | Include them as the rules when registering the association | s.46 |
| Switch to Model Rules later | Pass a special resolution and lodge with OFT within 3 months | s.48 |
| Add supplementary rules | Pass a special resolution adding rules on top of the Model Rules | s.47 |
| Gap in your existing rules | If your rules are silent and the Model Rules address it, the Model Rules apply automatically | s.47 |
Special resolution means written notice to all members at least 21 days before the meeting, with the exact wording of the proposed change, and a three-quarter majority vote. Rule changes must be lodged with OFT within 3 months s.48.
Why adopt them
They are legally designed to comply with the Act
The Model Rules were drafted by the Queensland Government to satisfy every minimum requirement of the Associations Incorporation Act 1981. They are updated when the Act changes.
A custom constitution written years ago — or adapted from another club's document — may have gaps, outdated provisions, or rules that no longer comply with the current Act. Registering custom rules does not cure their defects: s.46(3) explicitly states that an entry in the register does not validate or cure any defect in the association's rules.
In plain English: OFT accepting your rules does not mean your rules are legally sound.
Gaps are filled by the Model Rules — but only partially
Under s.47, if your club's rules are silent on a matter and the Model Rules address it, the Model Rules provision applies automatically. This protects clubs whose constitutions have gaps.
However, this protection does not apply if your custom rules actively address the matter differently — even if the custom rule is defective. If your custom rule is ambiguous, contradictory, or missing a required element, s.47 cannot fix it.
Defects in custom rules create real risk
If a meeting is conducted under a procedure that departs from both the Model Rules and the Act, decisions made at that meeting may be challengeable by members. This is not a theoretical risk — it arises most often in contentious situations: disputed elections, expulsion of members, financial decisions opposed by a faction.
A club running on clean Model Rules procedures has a straightforward defence. A club running on a custom document with procedural gaps does not.
They are free and maintained
Custom constitutions cost money to draft properly and must be manually updated when the law changes. Model Rules are free, are updated by the Queensland Government when the Act changes, and are the version OFT uses as the reference point when investigating complaints.
What if we want to customise?
You don't need to abandon the Model Rules to customise. Under s.47, clubs can add supplementary rules on top of the Model Rules — for matters the Model Rules don't address, or to impose additional requirements specific to your club. Common additions: life membership, playing privileges for different membership classes, dress or equipment requirements, sub-committee structures.
What you should not do: reproduce the Model Rules in full with modifications scattered throughout. This creates a document that looks like the Model Rules but isn't — and it is the source of most constitutional problems at clubs.
How to switch to the Model Rules
- The committee passes a resolution to propose the change.
- Members are given 21 days' notice with the exact wording of the special resolution.
- The resolution passes with a three-quarter majority at the general meeting.
- The secretary lodges with OFT within 3 months — Form 8 with a statutory declaration s.48.
Sources
Associations Incorporation Act 1981 (Qld) — ss.46, 46(3), 47, 48. Associations Incorporation Regulation 1999 (Qld), Schedule 4 (Model Rules). Queensland Office of Fair Trading — Incorporated Associations forms and fees.