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Notifications of change

 

 

When to lodge a notification of change (NOC)

You must tell us within 35 days if any of the following records change:

  • the name of the organisation
  • the list of offices in the organisation or in a branch of the organisation
  • the name, postal address or occupation of an office-holder
  • when office-holders take up or leave office
  • the name of a branch of the organisation
  • the opening or closing of a branch of the organisation
  • the address of the office of the organisation or of a branch
  • if an election for an office of the organisation or branch is required or is no longer required under your rules during a calendar year (for example because your rules changed). 

Read more about the requirements in our notifications of change fact sheet

Penalties may apply for registered organisations that fail to lodge a NOC within 35 days of the date the change took effect.

Read a case summary where an organisation was penalised by the Court for failing to keep accurate records and notify changes (ROC v CEPU).

 

Getting the details right

Registered organisations are encouraged to use the ROC template to lodge a NOC. Most organisations use the template and they say it helps them with compliance. 

A NOC must clearly identify any changes that have been made to the organisation’s records. The ROC template helps organisations include the following information: 

  • a signed declaration that the information lodged is a correct statement of the changes made to the records
  • the date the change occurred
  • for changes to office-holders:
    • the name of the office
    • the name of each new or former office-holder
    • the postal address of each new office-holder (we recommend that a professional address, such as the organisation or branch’s address, is kept on the organisation’s records for each of its office-holders)
    • the occupation of each new office-holder
  • the street address must be included for new branches. 

The NOC must be signed by the Secretary or another office-holder whose duties under the rules of the organisation or branch include lodging information with the ROC. 

NOCs are lodged with the ROC by email to regorgs@roc.gov.au

Read some practical examples of NOCs in our interactive Notifications of Change e-learning module.

 

Finding information about your organisation

NOCs are published on the ROC website, on the webpage of the registered organisation they belong to. We publish NOCs in the same document as the organisation’s annual return. These combined lodgements help to inform members of registered organisations about their organisation. 

If you have any questions about how to complete a NOC please email us

 

Your turn! Practice what you’ve learnt 

Question 1: On the move

Scenario

The lease of an organisation’s office at 12 Orange St Carlton ends on 30 April. On the following day the registered organisation moves to a new office at 10 Lemon St North Melbourne.

Question: What does the Fair Work (Registered Organisations) Act 2009 require the organisation to do? 

Within 35 days of changing address (by 5 June) the organisation must update its records and lodge a NOC with the ROC advising of the new address.

Question 2: So long, farewell

Scenario

On 1 July the President of a registered organisation announces that they intend to resign from office in a few months’ time. The resignation takes effect from 30 September, and under the rules of the organisation a new President is appointed (effective 1 October).

Question: When must the organisation lodge a NOC with the ROC?

The organisation must wait until the President has resigned to update its records and lodge the NOC. As the resignation and appointment has taken effect within 35 days of each other, one NOC lodgement can advise of both the departure of the President and appointment of the new office-holder. This must be lodged by 5 November.

Question: Let’s change the facts! If the President’s resignation takes effect on 30 September and a new President is appointed on 1 December what does the organisation need to do to comply with the NOC requirements?

This requires two separate NOC lodgements to meet the 35 day timeframe for both changes. The organisation must update its records and lodge a NOC about the President’s departure by 4 November. Within 35 days of the appointment of the new President, a second NOC will also need to be lodged (by 5 January).

Question: The bigger picture. On 30 September, the closure of an organisation’s branch takes effect. What change(s) should the organisation notify to the ROC?

By 4 November the organisation must notify the ROC of the branch’s closure. If the closure results in the removal of offices and office holders, they will also need to be notified within 35 days. This can be done in the same lodgement.

 

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