Meeting Your Governance Requirements
A core responsibility of a club is to ensure that they are meeting their governance obligations, including those under the Registered Clubs Act 1976 (NSW), Registered Clubs Regulation 2025 (NSW), Liquor Act 2007 (NSW), Gaming Machines Act 2001 (NSW) and Gaming Machines Regulation 2019 (NSW).
The Registered Clubs Accountability Code (NSW) (Accountability Code) is prescribed under s 41C of the Registered Clubs Act 1976 (NSW).
Liquor & Gaming NSW (L&GNSW) has identified club governance as a key priority for 2024-2026, so it is extremely important that clubs are focusing on ensuring their governance is up to date and meeting legislative requirements. Some key governance points are explored below.
These obligations are designed to promote transparency, accountability and informed decision making within club governance.
- Accountability Code
Under the Accountability Code (which was recently updated due to the re-make of the Registered Clubs Regulation 2025 (NSW)), there is a range of governance requirements that clubs must meet. These include:
- Specific provision of information to members within four months after the end of the financial year:
- The register of disclosures made to the club under clause 8 of the Accountability Code
- Details of any overseas travel made by a director or an employee in their capacity as a director or an employee, including any costs wholly or partly met by the club
- Details of any loan over $1000 given by the club to employees, including the loan amount and interest rate (if any)
- Details of contracts of employment of top executives approved during the reporting period
- Details of any payment over $30,000 made by the club for consultant services, including name of consultant, the fee and nature of services provided
- Details of legal settlements made by the club to a director or an employee
- Details of legal fees paid by the club on behalf of a director or an employee
- The club’s annual gaming machine profit
- The amount applied by the club to community development and support under the ClubGrants scheme.
- Preparing and providing quarterly financial statements, including the club’s profit and loss account and trading accounts, as well as a balance sheet (clubs must make these statements available to members within seven days of being adopted by the board).
- Disclosure of interests by club directors, top executives and employees.
- Record Keeping
Under various pieces of legislation, clubs are required to keep records of proceedings. Here are some of the key record keeping requirements for governance obligations:
- Clubs must keep a minute book, which include minutes of all proceedings and resolutions of the board and committee meetings (including if a club has a disciplinary committee).
- Minutes of annual general meetings and any extraordinary general meetings of members.
- Quarterly financial statements, required under the Registered Clubs Regulation, must be retained for up to five years.
- Guidelines and Assistance from L&GNSW
L&GNSW also has a range of resources to support compliance, particularly regarding governance, including:
- Information on licensee and advanced licensee trading
- Incident register
- Club self-audit checklist
- Intoxication guidelines
- Guidelines for registered clubs accountability (including to meet obligations under the Accountability Code)
- Club Accountability Disclosure Register
Further information and the guidelines are available here.
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