Q. I am a member of an incorporated society. I have asked both the secretary and the president, at various times, for the opportunity to speak at a general meeting of the society. Each time, this has been denied. what are (in general) my rights?
A. Under the Incorporated Societies Act 2022, an incorporated society member’s right to speak in a society meeting is governed primarily by the society’s own constitution (see below), which must include procedures regarding meeting conduct and member participation. The Act requires all societies to have clear rules about how general meetings and voting are conducted, including who can speak, submit motions, and participate in discussions.
Meeting Participation Rights
- Every member is generally entitled to attend and participate in general meetings of the society, subject to any limitations set out in the constitution.
- The society’s constitution must specify procedures for notice of meetings, quorum requirements, voting rights (including proxies and electronic voting), and how business can be brought before a meeting.
- Members may submit motions or matters for consideration if the constitution allows, typically by giving advance written notice to the committee or secretary.
- The right to speak on agenda items, raise concerns, and participate in discussions is a core aspect of member participation. However, the chairperson may moderate discussion in the meeting according to meeting rules to maintain order and fairness.
Statutory Protections
- Societies must operate with principles of natural justice, meaning members should not be arbitrarily denied the right to speak or participate in meetings unless permitted by clear, fair rules.
- All societies must have constitutional processes for handling disputes which protect member rights, including the right to be heard.
In summary, a member’s right to speak in a society meeting is protected by the Incorporated Societies Act 2022 but the specific scope and process depend on the society’s constitution. Members should review the society’s constitution to understand their exact rights and any limitations or procedural requirements.