Top Ten Tips for Reviewing Your Constitution Pt.1

This is a short series in the Network News that will look at what you need to keep in mind when updating your Constitution/Rules. It’s the perfect time to spruce up your organisations guiding document. 

Later we’ll look more closely at what changes you need to be aware of and do, but for now here are ten top tips to keep in mind as you start to navigate the process: 
 

1. Know the Law: First things first, familiarise yourself with the latest updates to the Incorporated Societies Act 2022. Understanding the legal requirements will ensure your constitution is compliant and up to date. You can download a one-page ‘This Is What You Need’ from our website.
   
   
2. Do What Your Rules Tell You To Do: Your current constitution will tell you how to change it. When do you need to send out the information to your members? What is the information you need to include? Start with a date for the SGM/AGM and work backwards. How do you write the remits? 
    
   
3. Take Your Time: Once CNA started the process, it took us just over a year to do. This is because our Executive Committee are busy people and working through the constitution needs focus and discussion to ensure it is ‘fit for purpose’. 
    
   
4. Simplify, Simplify, Simplify: Streamline your constitution by removing any outdated or redundant clauses. Keep it clear, concise, and easy to understand for everyone involved. It’s a great opportunity to make sure it’s in plain English. We used the opportunity to correct spelling, grammar, and formatting. 
    
   
5. Let the Legislation Do the Walking: Several times in our constitutional changes CNA referred to the legislation. When we added our ‘Conflict of Interest’ clause we let the law do the talking for us – e.g., “9. (b) Officers of CNA must disclose, as per Section 63 of the Incorporated Societies 2022 Act, the details of…” Why do more work than you need and it also means that you can leave the definitions to the legal beagles. 
   
   
6. Clarify Governance Structures: Clearly define the roles and responsibilities of your board members, officers, and committees. How does your board/committee vote? Who can vote? What about proxy votes?
   
   
7. Update Financial Procedures: Review and update your financial policies and procedures to ensure transparency, accountability, and compliance with the latest regulations.
   
   
8. Future-Proof Your Constitution: Anticipate future changes and challenges by building flexibility into your constitution. Include provisions for amendments and review processes to adapt to evolving needs. We added a glossary to define terms as well as adding that ‘written notices’ (i.e., motions, remits, etc.) may be in written or electronic form – to cover the changes in technology.
   
   
9. Seek Legal Advice: If you are unsure about aspects of the law we have some wonderful resources on our website, from Parry Field Lawyers. You can also check to see if your local Community Law Centre can check your changes out at one of their free law clinics.
   
   
10. Celebrate Your Success: Once your updated constitution is in place, celebrate your hard work and achievements as a team. Promote yourself on your social media and in your own newsletters – you’ve strengthened your organisation so why not bask in the glory!

So there you have it, ten top tips towards updating your constitution and keeping your non-profit shipshape. With a little teamwork and a lot of passion, you'll be ready to tackle any challenge that comes your way!