Why get incorporated?
Becoming an incorporated association provides sport and active recreation organisations a range of legal and practical benefits including:
- legal protection to members and office holders by creating a separate legal entity for the organisation, shielding members from personal liability.
- a formal legal identity, which allows the organisation to enter contracts and own property.
- being eligible to apply for ORSR and other grant programs - learn more about funding eligibility and ORSR grant programs.
Further information on incorporated associations is available through Consumer and Business Services (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (CBS).
How to incorporate?
All SA-based organisations wanting to incorporate under the Associations Incorporation Act 1985 (SA) must apply (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) through CBS as the responsible agency.
Sport and active recreation organisations who are unsure if incorporation is suitable for them, or who want to learn more about the process, can contact or book an appointment with CBS’s Associations Team here (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site).
Before you apply or contact CBS, consider familiarising yourself with their How to Incorporate Guide (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF).
Managing your incorporated association
Sport and active recreation organisations registered as incorporated associations will be required to maintain information about their association and meet certain reporting requirements to CBS.
This might include updating your Public Officer, updating your Constitution or “rules” (see more below), or financial reporting – More information (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site).
Purpose of a constitution
A constitution outlines the purpose, structure, and operating rules an organisation. It defines how an organisation is established, how decisions are made, and the rights and responsibilities of members and office holders (committee/board members).
A constitution helps build transparency, consistency, and accountability in your organisation’s operations, while protecting members and guiding the organisation’s long-term development.
Sport and active recreation organisations that are incorporated must have a constitution in place.
Templates
State Sporting Organisation Constitution Template
Regional Sporting Association Constitution Template
Developing and updating your constitution
Before developing or updating your organisation’s constitution, consider the following:
- consulting ASC’s Sports Governance Principles (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) to ensure your constitution equips your organisation to build strong governance practices and capabilities.
- consulting others operating in your industry to seek sector-specific insights.
- booking a time (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) to speak with CBS’s Associations Team, who will assess the documents you provide when establishing an incorporated association or updating your constitution.
- seeking independent professional legal advice through a legal professional or the Legal Services Commission of SA (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site).
New organisations in the process of developing their initial constitution may also want to consider the following:
- checking the register of incorporated associations to see if a similar organisation exists.
- checking other registers to ensure the name you want to use is available – this can be done through the Australian Securities and Investments Commission (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site)
CBS provides an example set of rules (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF) (external site) (PDF) (not tailored for sport) for new and existing organisations to consult before developing or updating their constitution.
Organisations wanting to change their constitution can do so through CBS (external site) (external site). There is a cost associated with changing constitutions, therefore it is recommended that you carefully consider what needs to be included in your constitution and what can be outlined in supporting governance documents (see below).
Supporting governance documents
An effective constitution is implemented alongside by-laws, rules, and policies (as relevant) that provide further direction to your organisation’s operations. These may be implemented by your organisation, or the association(s) and/or peak body your organisation is affiliated with (e.g. State or National Sporting Organisation).
Learn more about the essential policies sport and active recreation organisations need to implement further below.
Further information
Committees and requirements
A committee (sometimes also called a board) is the structure within your sport or active recreation organisation responsible for managing its affairs according to its constitution and relevant legislation.
Your organisation will have outlined the powers, responsibilities, operations, rules and processes of electing/appointing members in its constitution. It is important for committee members to be familiar with their governing documents to effectively act on behalf of your organisation and deliver its aims.
CBS outlines further requirements of committee members including disclosure of interests, eligibility to be a member, and financial and legal liability here (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site).
Further information and resources
While there are no legal requirements regarding the minimum or maximum size of a committee, it should be functional and manageable to deliver the aims of your organisation. Ensuring your committee has diverse skill sets and professional backgrounds, as well as a diverse perspectives (beyond gender diversity requirements) fosters effective decision making.
Information to improve your committee’s effectiveness can be found via the links below and here: Your People.
The Office for Recreation, Sport and Racing is committed to assisting organisations foster an environment where the contribution of women is valued, respected, and encouraged by addressing the inequalities faced by women in sport.
Effecting change starts with leadership, and the minimum 40% women in leadership initiative has been implemented to improve gender diversity in state sport and active recreation organisations’ committees/boards.
40% Women in Leadership - ORSR Position Statement
Which organisations does the 40% women in leadership target apply to?
Organisations in receipt of ORSR’s State Sport and Recreation Development Program (SSRDP) funding had to initially meet the target by 30 June 2023.
State-level organisations must continue to meet the target on their committee/board to maintain eligibility and continue to receive SSRDP funding.
What action can organisations take?
Actions your organisation can take to meet and maintain this target include:
- tabling the minimum 40% women in leadership initiative as an agenda item at the next committee meeting for discussion.
- forming a working group or utilise an existing sub-committee to lead the work to meet the target and report to the committee.
- review the organisation’s constitution and query if it is enabling you to meet the target by asking:
- are there any restrictions around committee composition and the election process?
- are there other clauses that may impact the move towards a gender diverse committee?
- are there provision for appointed and independent committee members? Are there restrictions around these positions?
- review the recruitment methods currently used for new committee members.
- undertake a committee evaluation process to determine the effectiveness of the committee.
- complete a skills matrix of current committee members to help identify gaps in skills or competencies that can be addressed in future appointments.
- consider timing of your next AGM and the planning process to align to the minimum 40% women in leadership initiative.
National Gender Equity in Sports Governance Policy
Through the State and Territory Agencies for Sport and Recreation (STASR) in collaboration with ASC, ORSR is continuing to promote greater gender equity in sport.
Learn more (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) about National Gender Equity in Sports Governance (external site) (external site).
xternal site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site)
Good financial management helps to build strong, sustainable sport and active recreation organisations. When governance structures are transparent and accountable, they create the foundation for sound financial decision-making. This ensures that resources are managed responsibly, funding is used effectively, and organisations remain compliant with legal and regulatory obligations.
Your Organisation’s Financial Responsibilities
If your organisation is incorporated under the Associations Incorporation Act 1985 (SA), you are required to:
- prepare financial statements for each financial year (balance sheet and income statement), and
- present these financial statements to your members at the Annual General Meeting (AGM).
Prescribed Associations (Gross Receipts Exceeding $500,000)
If your organisation’s gross receipts exceed $500,000 in a financial year, you are classified as a prescribed association and must meet additional compliance requirements:
- Your financial statements must be audited by a registered auditor, and
- A copy of the audited financial statements must be submitted to Consumer and Business Services (CBS) within six months of the end of the financial year.
These steps ensure that larger organisations are held to high standards of financial accountability.
ORSR Funding Requirements
To be eligible and competitive when applying for ORSR funding, your organisation must demonstrate strong financial management and financial sustainability aligned with your obligations under the Act.
As part of the application process, you may be required to provide your organisation’s most recent:
- Statement of Financial Position (Balance Sheet), and
- Statement of Financial Performance (Income and Expenditure Statement), covering a continuous 12-month period.
ORSR encourages funded organisations to adopt the National Standard Chart of Accounts (NSCOA) for Not-for-Profit Organisations (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site), which promotes consistency and clarity in financial reporting across the sector.
If you need further support in understanding the financial practices and documentation required for specific grants, go to Grants and review the guidelines under each program.
Further information
(external site) (external site) (external site) (external site)
A policy can be thought of as a plan of action that has been officially agreed to by an organisation or government. Policies and by-laws are essential tools that help your organisation operate safely, fairly and effectively. Most sport and active recreation organisations are bound by policies developed by their state or national sporting organisations under the National Integrity Framework.
(external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site)
Policies under the National Integrity Framework
Sport Integrity Australia (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (SIA) is an executive agency of the Australia Government established to keep Australian sport safe and fair, at all levels, for all participants.
To safeguard integrity in sport, SIA developed the National Integrity Framework (NIF) (external site) (external site) – a suite of policies to ensure sport provides a safe, fair, and healthy environment at all levels from national sporting organisations to local clubs and associations.
The NIF includes key policies integral for sport and active recreation organisations to implement:
- Child Safeguarding Policy
- Competition Manipulation and Sport Wagering Policy
- Improper Use of Drugs and Medicine Policy
- Member Protection Policy
- Complaints, Disputes and Discipline Policy
If your organisation is affiliated with a national sporting organisation that has signed up to the NIF, the above policies will already be in place and apply to you. Check here (external site) (external site) (external site) (external site) (external site) to see if your organisation is affiliated with the NIF.
You can also contact your respective state or national sport association if you are unsure what policies your sport organisation is covered by. You can learn more about the importance of aligning your sport across local, state and national levels: Sport Governance Principle 2: The Team (external site) (external site) (external site) (external site)
If you are unaffiliated, or your national sporting organisation is not signed up, SIA provides further information to help you develop your own policies– Resources (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) and Integrity Policy Offerings (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site)
Further information and resources
Strategic plans are vital for guiding the long-term direction and sustainability of your organisation. They help define clear goals, priorities, and actions that reflect your vision and changing/growing community needs.
Strategic plans provide the framework to support the development of fit-for-purpose policies, ensuring that governance, inclusion, safety, and operational decisions are aligned with broader objectives. Strategic plans also support continuity of your organisation beyond the individual and prepare for change.
ORSR encourages all sport and active recreation organisations to think strategically about its future to ensure sport in South Australia remains sustainable. Learn more about futureproofing your organisation.
For some ORSR grant programs, providing a current strategic plan that spans a minimum 3 years is required.
You can find an example of a sport and recreation strategic plan here (PDF) (PDF) (PDF) (PDF).
ASC’s Game Plan (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) provides sport and active recreation organisations with opportunities for continual improvement by connecting them with tools, resources, and education opportunities specific to the sporting sector. Game Plan offers support to both state sporting organisations (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) and local clubs and associations (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site).
State sporting organisations are required to complete ASC’s annual Sports Governance Standards (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) Survey through their Game Plan account. By completing the survey, these organisations will be eligible for ORSR’s grant programs specific to state-level sport and active recreation organisations.
Once state sporting organisations have completed the survey, they are encouraged to utilise ASC’s Governance Plan tool to improve their governance capabilities across areas identified through their survey results.
Local clubs and associations are also encouraged to utilise these ASC tools to improve their organisations, and can do so by creating a free account (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) with ASC.
