POSITION DESCRIPTION – PUBLIC OFFICER
Position Title: Public Officer of the Natural Health Society
Term of Office: As agreed
Reports to: The National Committee of the Natural Health Society
Under section 34 of the Associations Incorporation Act 2009 (NSW) it is compulsory for the National Committee to appoint a public officer for the Society. The public officer is, by virtue of being appointed to that office, an authorised signatory for the Society. However, he/she is not automatically a signatory to the Society’s bank account.
A public officer is the principal contact point between NSW Fair Trading (and other relevant regulators eg ATO) and the Society.
A committee member, an ordinary member or a person outside the Society may hold the position of public officer.
ASSOCIATIONS INCORPORATION ACT REQUIREMENTS
A public officer of an Association incorporated in NSW:
- Must be a person who is at least 18 years of age and ordinarily a resident in NSW (section 34 (2) of the Act)
- Can, but does not have to, be a committee member of the Society (section 34 (3) of the Act)
- Must not be bankrupt or mentally incapacitated (sections 35 (d) and (e) of the Act)
Unless the Constitution provides otherwise:
- The public officer may also hold another position in the Society; and
- There is no upper limit to the public officer’s age
KEY ROLES/RESPONSIBILITIES
The public officer is responsible for:
- Notifying NSW Fair Trading within 28 days of their details (full name, date of birth, address for service of notices) after they have been appointed and updating those details if they change
- Notifying NSW Fair Trading of any change in the Society’s official address within 28 days after the current address becomes obsolete or unusable (the official address cannot be a PO Box). The public officer must advise NSW Fair Trading of a change of official address by lodging the approved form – Notice of appointment of public officer and Notice of change of Society address (Form A9)
- Acting as the official contact for the Society including taking delivery of documents served on the Society and bringing them to the attention of the National Committee as soon as practicable
- Custody of any documents as required by the Constitution
- Returning relevant Society documents to the Society within 14 days of vacating office
KEY SKILLS/PERSONAL CHARACTERISTICS
- Enthusiasm for, and knowledge of, the Society and its mission
- Be able to give adequate time for the task
- Interest in committee work
- Good working relationships with other people involved in managing the Society
- Reliability and good organisational skills
VACATING THE POSITION
A public officer will vacate the position if he or she:
- Dies
- Resigns in writing to the National Committee
- Is removed from office by the passing of a resolution at a general meeting
- Becomes bankrupt
- Becomes a mentally incapacitated person
- Ceases to be a resident of NSW
The National Committee must appoint a new public officer within 28 days after the vacancy arises. The Society is registered for tax purposes by virtue of its ABN, and may also need to notify the Australian Taxation Office of a change of public officer.
Sources:
NSW Department of Fair Trading https://www.fairtrading.nsw.gov.au/associations-and-co-operatives/associations/starting-an-association/public-officer
Running an Incorporated Association https://www.nfplaw.org.au/sites/default/files/media/Running_an_IA_in_NSW.pdf