Law and community organisations
Your community organisation is governed by laws you must comply with. Your management committee is responsible for your organisation's compliance with relevant legislation. This means you need to:
- understand the laws that apply to your operations
- establish proper procedures to prevent legal breaches
- have a monitoring system in place to determine compliance with legislation.
Along with insurance, legal procedures and compliance monitoring, are an essential part of your organisation's risk management plan.
Your organisation must demonstrate its decisions are made in the best interests of your organisation and not individual interests. You should have a clear conflict of interest policy.
Your organisation should seek its own legal/professional advice in relation to legislation and your obligations.
Key legislation
Associations Incorporations Act 1981 (Qld)
Associations Incorporations Act 1981 (Qld)
Most community, sporting and recreation organisations are established as incorporated associations. The Associations Incorporations Act 1981 regulates the affairs of incorporated organisations. It allows community, recreation, sporting and not-for-profit organisations to incorporate as legal bodies and limit the liability of members for lawful activities.
Read the Incorporated associations document for information on starting and operating an incorporated association in Queensland.
Organisations incorporated under the act are accountable to the Queensland Government's Office of Fair Trading (OFT) and are required to meet all information and reporting obligations under the Act.
Information Privacy Act 2009 (Qld)
Information Privacy Act 2009 (Qld)
The protection of membership information (including medical records, contracts, wages, disciplinary matters) is essential and legally required under the Information Privacy Act 2009 (Qld).
Liquor Act 1992 (Qld)
Liquor Act 1992 (Qld)
Responsible service of alcohol
If your community organisation has a liquor licence you must meet all Queensland Government laws regarding the responsible service of alcohol. Find out more about liquor and gaming, including training, on the Queensland Government's Business Queensland website.
Tobacco and Other Smoking Products Act 1998 (Qld)
Tobacco and Other Smoking Products Act 1998 (Qld)
Smoke free environments
Under the Tobacco and Other Smoking Products Act 1998 (Qld), smoking is prohibited:
- within 10 metres of:
- playgrounds
- skate parks
- viewing and playing areas at under-19 sporting events
- within four metres of an entrance to all enclosed buildings including clubhouses and other buildings provided at Council community facilities.
As a Council tenant, you must ensure players, officials and spectators are aware of, and comply with, this legislation.
On-the-spot fines apply for breaches of tobacco laws.
Find out more about smoking laws in Queensland.
Work Health and Safety Act 2011 (Qld)
Work Health and Safety Act 2011 (Qld)
Your organisation must comply with the requirements of the Work Health and Safety Act 2011 and incorporate safety management as part of your operations. Under the Act, you must ensure the health and safety of workers, volunteers, members, visitors and the public on your site.
Resources and support
- Workplace Health and Safety Queensland
- Australian Sports Commission - Sporting clubs guide to a safe workplace document
- Community Door - workplace health and safety information
- Safe Work Australia
Related links
- Risk management - manage your organisation's exposure to risk
Working with Children (Risk Management and Screening) Act 2000 (Qld)
Working with Children (Risk Management and Screening) Act 2000 (Qld)
If your community organisation provides child-related services that are regulated by the Working with Children (Risk Management and Screening) Act 2000 (Qld), you are required to hold a blue card or an exemption card. This requirement applies to paid employees, volunteers, or trainee students. You may also require a child and youth risk management strategy.
Resources and support
- Australian Human Rights Commission - child safe organisations
- Clearinghouse for Sport - child safe sport
- Institute of Community Directors Australia - Child Safety Toolkit
- Play by the Rules - templates including interacting with children guidelines
Resources and support
In addition to the resources below, your peak industry body or state sport or recreation organisation (if applicable) may be able to provide more information about your organisation's legal obligations.
- Australian Competition & Consumer Commission - guide to the Australian Consumer Law for charities, not-for-profits & fundraisers
- ourcommunity.com.au - compliance for not-for-profit organisations
Related links
- Planning for community organisations
- Governance and committee management for community organisations
- Risk management for community organisations
- Maintenance obligations for community facility lessees
- Facility management information for Council leases and licences
- Tenure information for Council leases and licences