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Public Officer

Every incorporated association must appoint a public officer, who must be a South Australian resident aged 18 years or over [Associations Incorporation Act 1985 (SA) s 56]. The public officer receives letters and notices sent by the Corporate Affairs Commission (part of Consumer and Business Services) and must file returns and notices of rule and name changes with the Commission.

The public officer has no power over the management of the association simply because she or he is the public officer. However, the public officer must fulfil the duties applying to officers, see DUTIES OF OFFICERS.

The public officer does not have to be a committee member. However, the rules of the association may include the public officer as a member of the committee, or the committee may appoint one of its members to be the public oficer.

Subject to the rules of the association, the public officer does not have to be elected. The committee may simply appoint a public officer.

If a public officer changes address or is replaced, the association must give details to the commission, or may be fined up to $1250.

An association who does not have a public officer for more than one month may also be fined up to $1250.

Public Officer  :  Last Revised: Tue Dec 20th 2016
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.