Public Officer

Most incorporated associations in Australia have to appoint someone to act as the official point of contact with government. Depending on which state or territory the association is registered in, this person is called either the “public officer” or the “secretary.” The role is defined in each jurisdiction’s Associations Incorporation Act. The title varies, but the core function is the same: to be the link between the association and its regulator.

This article explains what a public officer does, who can hold the role, and how the requirements differ across Australia’s states and territories.

What does a public officer do?

The public officer is responsible for the administrative relationship between the incorporated association and the government body that regulates it. Their duties typically include:

• Receiving legal documents and notices served on the association
• Signing and lodging statutory forms and annual returns with the regulator
• Notifying the regulator of changes to the association’s details, such as a new address, a change of office holders, or amendments to the constitution
• Acting as an authorised signatory for official association documents

In NSW, the public officer is automatically an authorised signatory under s 36 of the Associations Incorporation Act 2009. As an officer of the association, the public officer is also subject to general duties of care and diligence, good faith, and proper use of their position. These duties mirror those applying to board members.

The role itself carries no inherent management authority. Holding the position alone does not give a public officer the power to direct the association’s activities or make decisions on behalf of the committee.

Which states require a public officer?

Terminology and requirements vary across jurisdictions. Some states still use the title “public officer.” Others have folded the same responsibilities into a broader “secretary” role.

States and territories that use “public officer”

New South Wales — The Associations Incorporation Act 2009 (ss 34-36) requires every incorporated association to appoint a public officer. The public officer must be at least 18 and ordinarily resident in NSW. They do not need to be a member of the association or sit on the committee. If the position becomes vacant, the committee has 28 days to appoint a replacement (s 35).

South Australia — The Associations Incorporation Act 1985 requires a public officer who must be at least 18 and a resident of South Australia. The person does not need to be a member of the association. The association must not be without a public officer for longer than one month.

Tasmania — The Associations Incorporation Act 1964 requires a public officer who is at least 18 and a resident of Tasmania. The person who applies for the association’s incorporation becomes the first public officer.

Australian Capital Territory — Under s 57 of the Associations Incorporation Act 1991, the public officer must reside in the ACT and be at least 18. They may hold other offices unless the association’s rules say otherwise.

Northern Territory — The Associations Act 2003 requires a public officer who must be at least 18 and a resident of the NT. Depending on the association’s constitution, the public officer may also need to be an employee or member of the association (s 27).

States that use “secretary” instead

Victoria — When the Associations Incorporation Reform Act 2012 replaced the earlier 1981 Act, it retired the “public officer” title and replaced it with “secretary.” The secretary carries out all of the former public officer functions (lodging forms, receiving notices) plus broader responsibilities including maintaining the membership register, preparing meeting minutes, and managing correspondence. The secretary must be at least 18 and reside in Australia.

Queensland — The Associations Incorporation Act 1981 uses the term “secretary.” The secretary must reside in Queensland or within 65 km of the Queensland border. Since 22 June 2022, explicit officer duties of care, diligence, good faith, and proper use of position apply to all officers of Queensland incorporated associations. Separate changes effective 1 July 2024 introduced requirements for internal grievance procedures and remuneration disclosure at AGMs.

Western Australia — The Associations Incorporation Act 2015 designates the secretary as a mandatory office holder alongside the chairperson, deputy chairperson, and treasurer under the model rules. There is no separate public officer role.

How does the public officer differ from a company secretary?

Organisations structured as companies limited by guarantee are governed by the Commonwealth Corporations Act 2001 and may appoint a company secretary instead. The two roles are distinct:

For more on how NFPs are regulated in Australia, including the differences between state-based and Commonwealth regulation, see our regulatory overview.

Who can be appointed?

Across all jurisdictions, the public officer (or equivalent secretary) must be:

• At least 18 years old
• Ordinarily resident in the relevant state or territory (except Victoria, which requires Australian residency, and Queensland, which allows residency within 65 km of the border)

A person becomes ineligible if they become bankrupt, lose mental capacity, or cease to reside in the relevant jurisdiction.

In several states, the public officer does not need to be a member of the association (NSW, SA). In the Northern Territory, the association’s constitution may require the public officer to be an employee or member. The ACT allows the public officer to hold other offices unless the association’s rules prohibit it.

What happens if you don’t appoint one?

Every jurisdiction imposes consequences for failing to maintain a public officer or secretary:

• NSW: The committee has 28 days to fill a vacancy (s 35) and faces a fine of 1 penalty unit ($110) for failing to do so. The association’s registration is liable to be cancelled
• SA: Fine of up to $1,250; the association must not be without a public officer for longer than one month
• Tasmania and NT: A new public officer must be appointed within 14 days of a vacancy
• Victoria, Queensland, and WA: Failure to maintain a secretary is a compliance breach that can trigger regulatory action

When a public officer vacates their position, they must return all association documents to a committee member. In most jurisdictions, this has to happen within 14 days.

Recent legislative changes

Several jurisdictions have expanded the responsibilities attached to this role over the past decade. Victoria did this first, in 2012, when it replaced the narrower “public officer” title with “secretary” and attached meeting, membership, and correspondence duties to the position.

Queensland made similar changes effective 22 June 2022. These introduced explicit officer duties (care and diligence, good faith, proper use of position, and proper use of information) for all officers of incorporated associations, including the secretary. A further round of changes effective 1 July 2024 added requirements for internal dispute resolution procedures and remuneration disclosure at AGMs.

Western Australia passed the Associations and Co-operatives Legislation Amendment Act 2025, which came into effect on 23 August 2025. Among other changes, the Act permits virtual and hybrid meetings and extends restructuring regimes to incorporated associations.

For more about the governance obligations of committee members, see our articles on what governance means and directors’ duties.

Resources

For the specific requirements in your state or territory, visit:

• New South Wales — NSW Government: Role of the public officer
• Victoria — Consumer Affairs Victoria
• South Australia — Consumer and Business Services
• Queensland — Office of Fair Trading
• Western Australia — Consumer Protection
• Tasmania — Consumer, Building and Occupational Services (CBOS)
• Australian Capital Territory — Access Canberra
• Northern Territory — NT Government

Related Terms

Incorporated Association

Company Limited by Guarantee

Board of Directors

Committee

Chairperson

Further Reading

What is a Board?

Directors’ Duties: Understanding the Core Business of Governance

How Are NFPs Regulated in Australia?