Enfoque occidental: Balanced Scorecard

Except for those association records which members have a specific right to access under the Act, members’ access to association records is generally dealt with under an association’s rules. As a result access should be based on what the majority of members have approved, although specific arrangements may need to be made for confidential materials such as any staff or client files.

It is useful to remember that an

incorporated association should not be run as if its committee is a “secret

society”. If the availability of information to ordinary members, such as access to committee minutes or financial accounts, is restricted without good reason, this tends to create mistrust and tension.

Members’ register

The Act requires that associations maintain an up-to-date register of members, which must include each member’s name and residential or postal address. Importantly, the Act also

provides each member with the right to inspect the register, and to make a copy of any part of its contents. A member does not, however, have a right to remove the register from the association’s

possession.

The members’ register has proven to be problematic for some associations, and a refusal by some committees to allow access to the register has in the past led to the prosecution and fining of a number of committee members. Some people have held a belief that the

Commonwealth’s privacy legislation overrides this requirement of the

Associations Incorporation Act, but the courts have not supported this view. Instead, it is clear that committees do not have the power to deny members this fundamental right of access to the member’s register.

It is relatively easy to comply with the requirements of the Act, while at the same time minimising the concerns that some people may have over their name and address being made available to other members.

• Make sure that the register contains only each member’s name and their residential or postal address. If the association wants (or needs) to keep other information on its members (such as telephone numbers, or spouse’s details, etc.), then develop a separate register that contains these details. This should be kept secure and confidential, as it could be subject to privacy considerations (see ‘Privacy and confidentiality of records’

below). The simple register of names and addresses is the only register that is required to be accessed under the Act.

• Ensure that members are made aware that it is a legal requirement that their name and address can be made available to other members. It is a good idea to advise people of this requirement when they apply to become a member; for example, by making it clear on the application form. For current members, it can be useful to defuse some of the emotion by pointing out that their names and addresses are also obtainable through sources such as the electoral roll and the telephone directory. Members can of course, give a Post Office box as

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their address for the purposes of the register, although the cost may not be justified for most.

• Do not allow members to record their contact address as c/- the association. Legal advice indicates that the address on the register must be at least the postal address to which mail for that person would normally be delivered. • Safeguard the privacy of under-age

members by creating a “non-member” category for them (such as “players” for juniors in a sporting club). There can often be particular concerns about privacy for this group, and by making them ‘something other than members’ means that their addresses would not be available to other members through the association. As non-members, juniors would not be able to join the committee for example, but in any event, there is a doubt over whether it is legally appropriate for under-age persons to serve in that capacity. Creating a ‘non-member’ category would probably involve an amendment to the rules of association. This topic is dealt with in Altering the Rules. • Remember that your association does

not have to provide a copy of the members’ register for a person to take away and use. The requirement is simply to allow a member to view the register and for the member to make a copy of all, or part, of the register.

Important!

If the association maintains a members’ register that includes information, other than the names and addresses as

required by the Act, the association might find itself in breach of privacy laws if it makes that register available for inspection by members. (See also ‘Privacy and confidentiality of records’).

The only certain way to comply with both the Western Australian and

Commonwealth legal obligations is to maintain the register (or registers) as described above.

NEW BILL

In order to balance the needs of both associations and their members the Bill will include a flexible approach to what contact information a member must provide to their association as well as limits on what can be done with that information. The proposed

changes are in recognition of the strong public interest in the protection of personal privacy.

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