The Role of the Public Officer

The Public Officer is the only office bearer covered in detail in the Associations Incorporation Act.

The appointment of the Public Officer is different from other positions, in that they can be appointed indefinitely. It is an offence however if the Public Officer does not notify the Registrar General that the Public Officer has changed within one month of the appointment.

It is also an offence if the Public Officer fails to notify the Registrar General of his or her change of address within one month.

It is quite common for the Public Officer to be the coordinator or director of the organisation, due to ease of correspondence, authority to correspond, etc. This person does not need to be a member of the association.

In summary, the Public Officer:

• Is the person with whom the Registrar General corresponds;
• Is responsible for compliance with the Act;
• Is the person on whom documents are served;
• Has the power to sign documents on behalf of the Association; and,
• May be an indefinite appointment.

To be appointed, the Public Officer must reside in the Territory and be at least 18 years of age.

The Act also restricts certain persons from being appointed to the position, including any person who:

• has been convicted of offences in the promotion, formation or management of a body corporate;
• has been convicted of offences involving fraud or dishonesty punishable by imprisonment of three months or more; or
• is insolvent under administration for the purposes of the Corporations Act 2001.

The position of Public Officer in an association is deemed to be vacant if the person:

• is removed from office by the association in general meeting;
• resigns from the office or dies;
• becomes insolvent under administration within the meaning of the Corporations Act 2001;
• suffers from a mental or a relevant physical incapacity (such that he or she is unable to carry out the functions and responsibilities of the office);
• has been convicted of an indictable offence involving the promotion, formation or management of a body corporate or an offence involving fraud or dishonesty; or
• ceases to reside in the Territory.

If the position of Public Officer becomes vacant for any reason, the management committee must appoint a replacement within fourteen days of the vacancy.


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