Models of community organisations

Contributed by Wendy Lamotte and Gosnells Community Legal Centre and current to 1 September 2005

There is a range of options for people wanting to become involved in a community organisation. Firstly it is worth considering:

• what is the issue that needs addressing?

• who needs the service?

• is anyone else providing the service?

• what is the best way to address the need?

A thorough needs’ analysis is recommended prior to incorporation or seeking funding. Some models for community organisations include:

• Self-help/support groups: if you are interested in setting up a self-help group contact WISH www.wish.org.au;

• A co-operative (see further below);

• A project within a larger organisation: If an incorporated association already exists to address the issue(s) you are concerned about, or is able to take on the issue as part of its work, it may not make sense to start a separate organisation. One option is to start a project which is auspiced by a larger established organisation. A key consideration is whether the missions of the organisation and project are compatible, and whether this is an effective way to provide the community service;

• Incorporation: There are strong benefits to incorporation. It creates a legal identity beyond the individual members of a group. This means that assets etc are retained by the group even as members come and go. Liability, which could otherwise be borne by individuals, is limited. Incorporation is usually a pre-condition for receipt of government funding.

It should be noted that non-incorporated organisations do not have a legal identity – liability for group actions can rest with the individuals in the group (see further below).

Some activities undertaken by community activists raise particular legal issues, such as participation in rallies and marches, and the potential for defamation and criminal action to be taken against the activist. Extensive legal information on these and other topics is available from the Fitzroy Legal Service’s website: www.activistrights.org.au. However, as the law varies from state to state, check that the information is current and relevant to Western Australia.