The Direction of the Priest During Mass: A Canonical and Theological Examination

 

Introduction

The direction in which a priest stands while celebrating Mass has been a point of considerable debate within the Catholic Church, particularly since the mid-20th century. The post-Vatican II era introduced significant liturgical reforms, one of which encouraged the celebration of Mass facing the people (versus populum). Despite this, the traditional practice of celebrating Mass facing East (ad orientem) remains permissible in the reformed Mass and is normative for the traditional Latin Mass. This article explores the theological, canonical, and historical dimensions of this debate, focusing on the implications of such liturgical practices within the broader context of the Catholic Church's traditions and the recent controversies within the Syro-Malabar Church.

Historical Context and Vatican II Decisions

The Second Vatican Council (1962-1965) was a pivotal moment in the history of the Catholic Church, introducing numerous liturgical reforms aimed at fostering greater participation and engagement of the laity in the liturgy. One significant change was the orientation of the celebrant during Mass.

Sacrosanctum Concilium
The Constitution on the Sacred Liturgy, Sacrosanctum Concilium, promulgated by Pope Paul VI on December 4, 1963, laid the foundation for liturgical renewal. It emphasized the active participation of the faithful as the primary aim of liturgical reforms. The document states:

"The Church earnestly desires that all the faithful should be led to that full, conscious, and active participation in liturgical celebrations which is demanded by the very nature of the liturgy." (Sacrosanctum Concilium 14)

To achieve this goal, the council allowed for the use of vernacular languages in the liturgy and encouraged the adaptation of the liturgy to the needs and conditions of different regions and peoples.

Versus Populum Celebration
One of the more visible reforms was the celebration of the Mass versus populum (facing the people). Although Sacrosanctum Concilium does not explicitly mandate the orientation of the celebrant, the principle of fostering active participation and subsequent instructions and documents following Vatican II supported this practice. The Instruction on the Liturgy Inter Oecumenici (1964) and the General Instruction of the Roman Missal (GIRM) provided further guidance. The GIRM, which serves as the liturgical law for the celebration of Mass, includes provisions for the altar's design and placement to facilitate Mass facing the people:

"The altar should be built separate from the wall in such a way that it is possible to walk around it easily and that Mass can be celebrated at it facing the people." (GIRM 299)

Canonical and Liturgical Legitimacy

The demand for celebrating the Holy Mass facing the people, as seen in the Diocese of Ernakulam-Angamaly, aligns with the principles and guidelines established by Vatican II and subsequent liturgical instructions. This practice is both theologically sound and canonically legitimate for several reasons:

Promotes Active Participation
Celebrating Mass facing the people enhances the visibility and audibility of the liturgical actions, promoting the active engagement of the faithful, which is a central objective of Vatican II.

Liturgical Norms
The General Instruction of the Roman Missal and other liturgical documents encourage the design of altars that accommodate versus populum celebration. This practice aligns with the universal liturgical norms of the Catholic Church.

Pastoral Sensitivity
The Diocese of Ernakulam-Angamaly's insistence on this practice demonstrates pastoral sensitivity to the needs and expectations of the local faithful, adhering to the Vatican II principle of adapting the liturgy to the cultural and pastoral contexts.

Historical Precedent
The early Church frequently celebrated the Eucharist facing the assembly, especially in house churches and catacombs. The return to this practice can be seen as a restoration of ancient liturgical traditions.

The Illegality of Imposing a Mass Form by Synod Without Hearing the People

The imposition of a specific form of Mass by a synod without consulting the people is not only a deviation from the spirit of Vatican II but also an infringement on canonical norms and principles that respect the voice of the faithful. The recent demand of the Synod of Bishops of the Syro-Malabar Church to enforce a uniform mode of celebration of the Holy Mass, without adequately considering the views and traditions of the local faithful, highlights this tension.

Vatican II Principles on Participation and Consultation
The Second Vatican Council emphasized the importance of the laity's active participation and the need for pastoral sensitivity in liturgical matters. The Council's documents highlight the significance of listening to the people and adapting liturgical practices to local contexts.

Sacrosanctum Concilium
Sacrosanctum Concilium underscores the need for liturgical practices to reflect the needs and contexts of the faithful:

"In this restoration, both texts and rites should be drawn up so that they express more clearly the holy things which they signify; the Christian people, so far as possible, should be enabled to understand them with ease and to take part in them fully, actively, and as befits a community." (Sacrosanctum Concilium 21)

This principle implies that changes to the liturgy should be made with the involvement and understanding of the local faithful, ensuring their active participation and acceptance.

Canonical Norms on Consultation
Canon law provides a framework that emphasizes the necessity of consultation and the involvement of the faithful in significant liturgical decisions.

Canon 212
Canon 212 of the Code of Canon Law explicitly states the right and duty of the faithful to express their opinions on matters concerning the Church:

"§2. The Christian faithful are free to make known to the pastors of the Church their needs, especially spiritual ones, and their desires.
§3. According to the knowledge, competence, and prestige which they possess, they have the right and even at times the duty to manifest to the sacred pastors their opinion on matters which pertain to the good of the Church and to make their opinion known to the rest of the Christian faithful, without prejudice to the integrity of faith and morals, with reverence toward their pastors, and attentive to common advantage and the dignity of persons."

This canon emphasizes the importance of listening to the faithful and considering their opinions in matters that affect them directly.

Canon 1247 and Liturgical Norms
Canon 1247 and other related canons stress the need for pastoral care and sensitivity in liturgical practices, ensuring that the liturgical life of the Church is nurturing and edifying for the faithful.

The Syro-Malabar Traditions and the Chaldean Influence

The Syro-Malabar Church traces its liturgical and ecclesial traditions to the Chaldean (East Syriac) tradition, not the Latin Catholic tradition. This distinction is crucial in understanding the specific liturgical practices and the resistance to imposed changes that do not align with the traditional East Syriac liturgical heritage.

Chaldean Tradition
The Chaldean tradition, originating from the Church of the East, has its unique liturgical customs, theology, and ecclesiastical practices. The Syro-Malabar Church, being rooted in this tradition, has developed a distinct liturgical identity that reflects the spirituality and theological heritage of the Chaldean tradition.

"The Syro-Malabar Church, which follows the East Syriac liturgical tradition, has its roots in the ancient Christian community of India, tracing back to the missionary work of St. Thomas the Apostle. Its liturgical practices are deeply influenced by the Chaldean tradition, emphasizing a distinct theological and spiritual heritage."

This historical and liturgical background necessitates a careful and respectful approach to any liturgical reforms or changes, ensuring they are in harmony with the Chaldean liturgical identity.

The Principle of Diversity Over Uniformity

Uniformity is not a fundamental principle of the Catholic Church, especially concerning liturgical practices. The Church's history and the directives of Vatican II emphasize the value of diversity and the adaptation of liturgy to different cultures and traditions.

Vatican II on Diversity
The Second Vatican Council explicitly supported the adaptation of liturgical practices to local cultures. Sacrosanctum Concilium states:

"Even in the liturgy, the Church has no wish to impose a rigid uniformity in matters which do not implicate the faith or the good of the whole community; rather does she respect and foster the genius and talents of the various races and peoples." (Sacrosanctum Concilium 37)

This principle recognizes the importance of cultural diversity and the enrichment it brings to the universal Church.

Inculturation
The concept of inculturation, which involves the respectful and creative adaptation of the Gospel and Church practices to different cultural contexts, is a key aspect of the Church's approach to diversity. This approach is vital for the Church's mission and the meaningful participation of the faithful.

Examples of Liturgical Impositions and Reactions

The Latin Mass Controversy
One notable example of liturgical imposition is the controversy surrounding the Latin Mass, or the Tridentine Mass. The implementation of the Novus Ordo Missae (the new order of the Mass) following Vatican II was met with resistance from certain groups within the Church who preferred the traditional Latin Mass. The subsequent allowance for the celebration of the Tridentine Mass by Pope John Paul II and the broader permission granted by Pope Benedict XVI in Summorum Pontificum highlight the need for sensitivity and consultation in liturgical reforms.

The Zaire Usage
Another example is the development of the Zaire Usage of the Roman Rite for the Catholic Church in the Democratic Republic of Congo. This adaptation of the liturgy incorporated local cultural elements and was developed through extensive consultation with local communities, ensuring that the liturgical practices resonated with the faithful's cultural context. This approach exemplifies the principles of Vatican II and the importance of listening to the people.

Conclusion

The imposition of a specific form of Mass by a synod without adequately consulting the faithful is both canonically and pastorally problematic. It contravenes the principles set forth by the Second Vatican Council and the canonical norms that emphasize the importance of participation and consultation. The Syro-Malabar Church's rich Chaldean liturgical heritage further underscores the need for a respectful and consultative approach to liturgical practices. The examples of the Latin Mass controversy and the Zaire Usage illustrate the necessity of pastoral sensitivity and the dangers of unilateral liturgical decisions. The Diocese of Ernakulam-Angamaly's demand for a more participatory approach in liturgical matters is a legitimate and necessary call for adherence to the principles of Vatican II, the canonical rights of the faithful, and the preservation of its unique liturgical tradition. The principle of diversity rather than rigid uniformity aligns with the Church's mission to respect and integrate the cultural and spiritual richness of its diverse faithful.

Dispute resolution mechanisms for associations in Western Australia - Biju Anthony CA, CTA, LLB

1.     Introduction

Incorporated associations or not-for-profit (NFP) organisations, ranging from simple community groups and sporting clubs to larger organisations providing a wide range of services to the community, are important part of our lives and the economy. In Western Australia there are nearly 20,000 not-for-profit groups registered as incorporated associations[1]. An incorporated association is able to pursue its objects by applying for grants, opening bank accounts and holding property in its own name, while limiting the exposure of its members to personal legal liability. Poor governance of associations and pecuniary interests by the people who manage the organisations had been an issue, especially considering the loosely held legislative requirements and lack of monitoring and implementation machinery. The introduction of the new era of governance and reporting regime by legislating the Associations Incorporation Act 2015(hereafter referred as “the Act”) was a commendable initiation by the Western Australian Government. The Act has made incorporated associations on almost same line as a company registered under the Corporations Act 2001; introducing the provisions for corporate governance, duties owed by the management committee members, fraud on minority, dispute resolution process etc. This article mainly discusses the grievance procedures for members of an association, such as complaints and dispute resolution mechanisms.

2.    History of association legislation

The first legislation in this area in Western Australia, was the Association Incorporation Act 1895 (hereinafter referred to as ‘1895 Act’) which got Royal Assent on 2^nd October 1895[2].The preamble of 1895 Act reads “An Act to make provision for the incorporation of Religious and other Bodies”. The 1895 Act contained only 16 sections, which mainly provided for the incorporation of an association for not-for-profit and non-trading purpose.  The 1895 Act was repealed by the Associations Incorporation Act 1987 (herein after referred to as ‘1987Act’). The 1987 Act was legislated after getting the recommendations of the Law Reforms Commission Report[3]. The 1987 Act had 48 sections and two Schedules, and a subsidiary legislation was also promulgated[4]. The 1987 Act was repealed by the Associations Incorporation Act 2015, as per section 185 of the Act.

3.    Associations Incorporation Act 2015

3.1.  Discussions in the Parliament: In 1996, the then Minister for Fair Trading, the Hon Cheryl Edwardes MLA, approved a review of the Associations Incorporation Act 1987. As a result, the then Ministry for Fair Trading invited submissions from the public through print media advertising in relation to amending the Act. Following receipt of 14 submissions and numerous other unsolicited requests to alter provisions of the Act, during 1998 the Ministry released a Consultation Paper outlining 17 proposals to amend the Act. Fifty-one submissions were received in response to the Consultation Paper[5]. The review of the Act was completed in 2006 and Bill was tabled as a green bill in Parliament, but this Bill could not be passed. Eventually, the Associations Incorporation Bill 2014 (No.90 of 2014) comprising 232 sections (184 of them are substantive and the rest are transitional and other sorts of provisions) was introduced in the Legislative Assembly, first and second reading on 11/09/2014[6]; second reading agreed on and considered in detail on 27/11/2014[7]; amendments adopted on 24/03/2015[8]; and third reading on 26/03/2015. The Bill was introduced in the Legislative Council, first and second reading on 26/03/2015[9], second reading agreed and third reading on 20/10/2015[10]. Royal Assent was given on 2 Nov 2015 as Act No. 30 of 2015[11]. Different sections of this Act came into operation on Royal assent and Proclamation as follows: sections 1 and 2 on 2 Nov 2015[12] on Royal assent as per s. 2(a); Act other than sections 1 and 2, on 1 Jul 2016 as per s. 2(b)[13] of the Act. The Associations Incorporations Regulations 2016 (hereinafter referred to as ‘Regulations’) was proclaimed[14] as the subsidiary legislation as per section 183 (1) of the Act, which contains model rules, details of payment of fees and the prescribed forms.

3.2.  Major improvements: Hon.Michael Mischin MLC, the Minister for Commerce, said to the Parliament that the objective in introducing the Bill is to provide a framework of regulation for not-for-profit organisations such as sport and recreation clubs, societies and community groups in Western Australia, but leave the internal management of associations largely to the members; the government’s key goal in advancing these reforms is to achieve a balance between the need for reasonable regulation and the desire for incorporated associations to be able to function autonomously and effectively.[15]The Act categorised associations into three tiers for reporting requirements. The Act no longer requires the requirements of ‘permitted trading’ test. The Act also introduced a governance system for organisations, mandatory internal dispute resolution procedures, casting duties on the management committee including the following: duty to disclose a material personal interest, duty of care and diligence, duty of good faith and proper purpose, use of position and information, duties with respect to incurring debts while insolvent. Significant penalties (and modified penalties in Schedule 4 to the Regulations) are prescribed of up to $10,000, for breach of the provisions in the Act.

3.3. Administration: The Act is the portfolio of the Minister for Commerce, and the agency principally assisting the management of the Act is Department of Mines, Industry Regulation and Safety. There is an online platform created by the Department for the use of office bearers to transact with department. All incorporated associations are required by the Act to provide for the Schedule 1 items in their rules.   A transition period for complying with the new legislation was given up to 30 June 2018  as per section 198 of the Act , after which if an association’s rules fail to address a Schedule 1 matter, the relevant provision of the model rules will be deemed to apply as per section 201(1) of the Act.  

4.     Problems facing associations

The incorporation of association is an easy way to gain corporate personality, tax exemptions, funding, concessions and benefits from government and non-government agencies. But there are many instances of using these organisation for unscrupulous purposes and personal profiteering, by the people who manage the organisation.  Administrative costs such as salary and office expenses of some NFP organisations amount to 90 % or more of their revenue, which implies that their objectives are not met. As an example, NSW RSL president reveals new investigation underway for financial irregularities[16]. Even though sometimes members or public are aware of the malpractices, they have limited recourses of dispute resolution either adversarial or inquisitorial. There can also be disputes arising between members or between association and members. Hence, the dispute resolution mechanism is a necessary mandatory system envisaged under the Act.

5.    Internal dispute resolution

5.1.  Explanatory Memorandum to the Associations Incorporation Bill 2014 says one of the key reforms of the in the new Bills is: a dispute resolution system that requires each association to have an internal dispute resolution process in its rules, and that any unresolved disputes between members of an incorporated association, and incorporated associations and their members can be heard by the State Administrative Tribunal (SAT)[17]. Hon Kate Doust   (South Metropolitan — Deputy Leader of the Opposition) participated in the discussion on in the Legislative Council, and said “we were talking about each association setting up their rules for their own internal dispute procedure, which I thought was an eminently sensible change. When a dispute, difficulty or serious dysfunction that occurs in an association has been referred to the commissioner but cannot be resolved, the commissioner is able to apply to the State Administrative Tribunal to appoint a statutory manager to administer the affairs of the association. That can happen from time to time. I do not know whether that happens necessarily at the level of the smaller associations, but certainly that dysfunction sometimes happens in larger groups. It is probably an important change to be able to appoint somebody who can manage those affairs, particularly as there may be significant sums of cash or assets attached to that association”.[18] Vast majority of incorporated associations are small (tier-1 which means association with income of less than $250,000 per annum[19]). It is not practical for such small entities to pursue costly external dispute resolutions. The Act introduced that it is mandatory to have an internal dispute resolution within every association, and also provided added mechanism for external dispute resolutions.

5.2.  Rules of the association: As in the Corporations Act 2001[20], as per section 21 (1) of the Act, the rules of an association forms the terms of a contract between the members and association .As per section 22 and Schedule 1 Division 1item 18 of the Act, all associations must include a procedure for dealing with any dispute under or relating to the rules (a) between members, or (b) between members and the incorporated association. The members and managing committee of the association can utilise these dispute resolution procedures in a formal manner. If the association’s rules do not include a dispute resolution process, the procedure in the model rules deems to apply. Division 3 of Part 4 of the model rules as per Schedule 2 to the Regulations provide for resolving dispute by committee, while Division 4 of Part 4 provides for procedure of mediation. Model rule 19 provides that the parties to a dispute must attempt to resolve the dispute between themselves within 14 days after the dispute has come to the attention of each party. Rule 20 provides for the procedures for dealing with the dispute by the committee, in case the dispute could not be resolved by themselves. Rule 21 provides for the determination of the dispute by the committee, and the parties right to request for a mediator’s appointment.

5.3.  Mediation: If the management committee could not resolve the dispute, the next step would be the methods of Alternate Dispute Resolution which could include conciliation, mediation or arbitration. Rule 23 provides for the appointment of mediator and Rule 24 prescribes the mediation process. Association can seek the help of professional mediators in this case. Mediation process is the last stage of dispute resolution internally by an association. A professional mediator can assist the parties to come to a negotiated settlement and if necessary to formalise the terms of their agreement in a legally binding way, but this could become expensive.

5.4.  Other internal systems: The rules should include a provision for calling a special general meeting by the aggrieved members. Committee members can be removed by this meeting through a resolution, as set out in the rules, if they are not acting in the best interests of the association or if they cause discontent among the committee. Similarly , as a last resort ,  a member can also be removed or suspended for reasons such as serious criminal conduct, failing to comply with the rules and bringing the association into disrepute .The procedures set out in the rules should be followed , especially the rules of natural justice .

6.    Administrative review

6.1.  Department of Mines, Industry and Safety: The aggrieved member can formally complain to the department of Mines, Industry and Safety (hereinafter referred as ‘The department’), but the department has only limited power. Department’s main role is to make sure that associations comply with the Act. When a possible breach of the Act, Regulations or Rules of the Association is in dispute; the department can intervene to ensure that the law has been complied and the dispute resolved. The department will not investigate disputes between individual members of the association or an individual and the association[21].

6.2. Appointment of statutory manager:  As a new initiative under the Act, the Commissioner (designated person under section 153 of the Act) may apply to the State Administrative Tribunal for the appointment of statutory manager to administer the affairs of an association[22]. The State Administrative Tribunal under section 110 of the Act, on such application, can make an order appointing a statutory manager subject to the terms and conditions determined by SAT. The members of the management committee of the association are suspended from office on the appointment of a statutory manager, and the statutory manager has the functions of the management committee.[23]

7.    Prosecution

The Commissioner may investigate the complaint, and take action as required, which may include prosecution for breach of the Act. The penalty for breach is provided in the relevant sections of the Act. The offences specified in Schedule 4 attached to the Regulations are offences for which an infringement notice may be issued with modified penalty under the Criminal Procedure Act 2004 Part 2. The modified penalty specified opposite an offence in Schedule 4 attached to the Regulations is the modified penalty for that offence for the purposes of the Criminal Procedure Act 2004 section 5(3).

8.     State Administrative Tribunal review

Until the passing of the Act, the only external recourse under the 1987 Act was to apply to the Supreme Court. The Act, now provides for determination of some disputes by SAT. As per section 182 of the Act, if a dispute cannot be resolved under the procedure provided for as required by Schedule 1 Division 1 item 18; either the incorporated association concerned; or         the member of the association involved in the dispute, can make an application to the State Administrative Tribunal to have the dispute determined by that Tribunal. The SAT has powers to refer the dispute to mediation under section 182 (2) of the Act ; or can give orders directing for the rules to be followed, declaring and enforcing the rights and obligations between members, declaring and the rights and obligations between the association and members under section 182 (3) of the Act. In Kelmscott Senior Football Club[24], SAT interpreted that section 182 did not apply to an existing incorporated association that had not yet introduced a dispute resolution procedure into its rules as required by the Act. An ordinary member of an association was able to successfully obtain a SAT consent order under section 182(1) of the Act , in the case of Club Malayalam[25], which required the association to conduct general meeting , present financial reports and elect new committee members in addition to provide the register of members to the concerned member.

9.    Judicial review

9.1.  Court process: If the disputes relate to issues beyond the purview of the SAT (e.g.: misappropriation of funds), the judicial review is the next step. There are no specific references in the Act to further judicial process to be followed in such instances.  In Western Australia, judicial review applications can be made to Magistrate Court, District Court or Supreme Court based on their jurisdictional limits. Most of the litigation in the area of associations’ law involves claims by members of associations that they have been unfairly excluded from an organisation or that the process used to expel them has been contrary to the association’s rules.

9.2.  Standing and justiciability: The members or association or the Commissioner are only able to apply for an administrative or judicial review under the Act. It would be difficult for an outsider to pursue a case, even if he has information about the irregularities in the association.

10.Suggestions for improvement in the dispute resolution

Even though, significant changes are implemented in the dispute resolution methods by the Act, there could be more initiatives to streamline the details of the system. Currently, the department is in the role of only a passive spectator, by not actively involved in the disputes. This effectively force members to pursue either administrative review or judicial review. The department could efficiently involve as investigators and mediators to resolve the matters easily and cost effectively. The jurisdiction of SAT regarding the provisions of the Act is limited. The orders that can be made by SAT are also inflexible, where no financial compensation that can be ordered by SAT. There could also be more clarity on judicial review applications as to standing of applicants, jurisdictions of various judicial authorities. For example , in South Australia, the Act[26] provides that an aggrieved member or former member of an incorporated association may apply to the Supreme Court or the Magistrates Court for an order under this section on the ground that the association has engaged, or proposes to engage, in conduct that is oppressive or unreasonable, and for the purposes of the relevant law[27] , the proceeding is a minor civil claim [28]  . In Western Australia, a similar provision would be highly beneficial for fair accessibility to the judicial process.

11. Conclusion

It is undoubtedly true that the new Act brought a new era of corporate governance, reporting and dispute resolution. For most of the associations, the rules provide sufficient mechanism for internal dispute resolution. The effectiveness of external review provisions under the Act is not fully tested at the moment as there are only few court cases, but it can be seen that there are obstacles for an ordinary person to purse such process. The process of dispute resolution process should be streamlined to make it approachable and feasible for members, by more involvement of the department, and making the administrative and judicial review, flexible and convenient. This would provide more confidence to the public, which will ultimately help associations to meet their social commitments.

BIBLIOGRPAHY

A.   Articles/Books/ Reports

Department of Mines, Industry Regulation and Safety, “A guide for incorporated associations in Western Australia” (August 2019) 3

Law Reform Commission of Western Australia, Associations Incorporation Act 1895-1969 (Project No 21, March 1972)

B.     Cases

Kelmscott Senior Football Club Inc v Western Australian Amateur Football League Inc [2018] WASAT 6

C.    Legislation

The Association Incorporation Act 1895

The Association Incorporation Act 1985 (SA)

The Association Incorporation Act 2015

The Associations Incorporation Regulations 1988

The Corporations Act 2001

Explanatory Memorandum, Associations Incorporation Bill 2006 (WA)

Explanatory Memorandum, Associations Incorporation Bill 2014 (WA)

The Magistrates Court Act 1991 (SA)

Minister for Commerce (WA), ‘The Association Incorporation Act section 2(b)’, West Australia Government Gazette, No, 25/16, 24 Jun 2016, 2291, 2292

D.   Other

Angela Lavoipierre, ‘NSW RSL president reveals new investigation underway for financial irregularities’, ABC News (online), June 16 2017 < http://www.abc.net.au/news/2017-06-16/nsw-rsl-under-investigation-for-new-financial-irregularity-cases/8623770

Western Australia, Parliamentary Debates, Legislative Assembly, 11 September 2014, 6122-6214 (P.T.Miles, Parliamentary Secretary)

Western Australia, Parliamentary Debates, Legislative Assembly, 27 November 2014, 9016-9026

Western Australia, Parliamentary Debates, Legislative Assembly, 24 March 2015, 2057-2076

Western Australia, Parliamentary Debates, Legislative Council, 26 March 2015, 2283-2285

Western Australia, Parliamentary Debates, Legislative Council, 26 March 2015, 2283 (Michael Mischin, Minuter for Commerce)

Western Australia, Parliamentary Debates, Legislative Assembly, 10 November 2015, 7953

Western Australia, Parliamentary Debates, Legislative Council, 16 November 2015, 8233

Western Australia, Parliamentary Debates, Legislative Council, 15 Oct 2015, 7433 (Kate Doust, Deputy Leader of the Opposition)

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[1] Department of Mines, Industry Regulation and Safety, “A guide for incorporated associations in Western Australia” (August 2019) 3.

[2] See preamble of the Association Incorporation Act 1895.

[3] Law Reform Commission of Western Australia, Associations Incorporation Act 1895-1969 (Project No 21, March 1972).

[4] The Associations Incorporation Regulations 1988.

[5] Explanatory Memorandum, the Associations Incorporation Bill 2006 (WA).

[6] Western Australia, Parliamentary Debates, Legislative Assembly, 11 September 2014, 6122-6214 (P.T.Miles, Parliamentary Secretary).

[7] Western Australia, Parliamentary Debates, Legislative Assembly, 27 November 2014, 9016-9026.

[8] Western Australia, Parliamentary Debates, Legislative Assembly, 24 March 2015, 2057-2076.

[9] Western Australia, Parliamentary Debates, Legislative Council, 26 March 2015, 2283-2285.

[10] Western Australia, Parliamentary Debates, Legislative Council, 20 October 2015, 7520-7529.

[11] Western Australia, Parliamentary Debates, Legislative Council, 16 November 2015, 8233; Western Australia, Parliamentary Debates, Legislative Assembly, 10 November 2015, 7953.

[12] Western Australia, Parliamentary Debates, Legislative Council, 16 November 2015, 8233; Western Australia, Parliamentary Debates, Legislative Assembly, 10 November 2015, 7953.

[13] Minister for Commerce (WA), ‘The Association Incorporation Act section 2(b)’, West Australia Government Gazette, No, 25/16, 24 Jun 2016, 2291, 2292.

[14] Ibid.

[15] Western Australia, Parliamentary Debates, Legislative Council, 26 March 2015, 2283 (Michael Mischin, Minuter for Commerce).

[16] Angela Lavoipierre, ‘NSW RSL president reveals new investigation underway for financial irregularities’, ABC News (online), June 16 2017 < http://www.abc.net.au/news/2017-06-16/nsw-rsl-under-investigation-for-new-financial-irregularity-cases/8623770.

[17] Explanatory Memorandum, Associations Incorporation Bill 2014 (WA).

[18] Western Australia, Parliamentary Debates, Legislative Council, 15 Oct 2015, 7433 (Kate Doust, Deputy Leader of the Opposition).

[19] Section 64 (1) (a) (ii) of the Association Incorporation Act 2015.

[20] Section 140 (1) of the Corporations Act 2001 (Cth) ‘A company’s constitution (if any) and any replaceable

rules that apply to the company have effect as a contract.’

[21] Department of Mines, Industry Regulation and Safety, “A guide for incorporated associations in Western Australia” (August 2019) 49.

[22] [22] Section 109 of the Associations Incorporation Act 2015.

[23] Section 111 (1) of the Associations Incorporation Act 2015.

[24] Kelmscott Senior Football Club Inc v Western Australian Amateur Football League Inc [2018] WASAT 6.

[25] Mathew v Club Malyalam Inc. [2019] CC 603.

[26] The Association Incorporation Act 1985 (SA).

[27] The Magistrates Court Act 1991 (SA).

[28] Section 61, The Associations Incorporation Act 1985 (SA).