A provider making an application for registration to the Registrar will have its constitution reviewed as part of the registration process.
A regulatory staff member with appropriate delegation will review the constitution and make recommendations as to the validity of the winding up provision, in accordance with section 15(2)(c) of the National Law.
The reviewing officer must have regard to the complete constitution to ensure that as a whole it is consistent with section 15(2)(c) of the National Law and there are no other clauses which undermine the validity of the winding up provision. Funding clauses must be reviewed to ensure that they do not unduly restrict funding sources. This is a problem with certain incorporated associations under the Associations Incorporations Act 2009 (NSW).
The final decision on the clause’s validity will be made by the Registrar.
We acknowledge Aboriginal people as the First Nations Peoples of NSW and pay our respects to Elders past, present and future. We acknowledge the ongoing connection Aboriginal people have to this land and recognise Aboriginal people as the original custodians of this land.