This thesis will examine whether the law regulates the operation of incorporated associations in a manner that is proportionate, effective and to a standard that is acceptable. In particular, it will compare the raft of statutory duties and obligation of an incorporated association and a for-profit organisation. In examining these specific legal duties, this thesis will reveal the lack of consistency across jurisdictions, and gaps in how the law regulates the conduct of committee members within an incorporated association. Furthermore, this thesis will consider whether an officer of an incorporated and unincorporated association is a fiduciary – and, if this is so, whether this status arises out of the category of principal and agent. Additionally, this thesis will identify specific regulatory and governance issues affecting Australia’s not-for-profit sector. Finally, this thesis will examine how the numerous federal parliamentary inquiries and government reports intend to develop a reform policy for the not-for-profit sector and to evaluate these policy intentions against the world’s best practice regulatory model.
|Date of Award||12 Oct 2013|
|Sponsors||University of Liverpool|
|Supervisor||John Farrar (Supervisor)|