AGY-1744 | Registrar of Friendly Societies

Full description

The first Friendly Society in New South Wales was the Australian Union Benefit Society founded on the 4 November 1834, and registered in 1840. At this time, English law applied to the operation of Friendly Societies in the Colony and this continued until 1843 when the Friendly Societies Act, 1843 (Act No.7, 1843) was passed to regulate Friendly Societies in New South Wales. (1)

The Friendly Societies Act, 1843 made it lawful for any number of persons to form themselves into a Society and raise a fund for their mutual benefit and to make rules for the operation of that Society. In the rules, the Societies were to declare the purpose of their establishment and to provide a statement of their financial appropriations. Under the provisions of the Act, two transcripts of the rules were to be submitted to the Attorney General, where they would be certified. One transcript was returned to the Society, while the other was transmitted with the financial statement to the Clerk of the Peace. (2)

The Registrar of Friendly Societies was established in 1873 by the Friendly Societies Act. 1873 (37 Vic. No.4). (3) The Act required that all copies of rules, certificates and documents for all types of Mutual Benefit Societies previously filed in the custody of the Clerk of the Peace were to be transferred to the Registrar of Friendly Societies. (4) The Registrar was responsible for all mutual societies which included Friendly Societies, Benefit Building Loan and Investment Societies, and Co-operative Trading and Industrial Societies. The Act completely repealed previous Acts relating to these types of societies. (5)

By 1893 the position of most Societies was unsatisfactory with many of them having almost reached a state of insolvency. (6)

The Friendly Societies Act, 1899 (Act No.31, 1899) repealed the Act of 1873, except the provisions relating to Benefit-Building Loan and Investment Societies, and Co-operative Trading and Industrial Societies. The Act provided for the appointment by the Governor of a Registrar of Friendly Societies. The functions of the Registrar were to prepare and circulate model account, balance-sheet, and valuation forms to societies; and to collect, collate, and publish financial statistics on each society. (7)

In 1902, the Registry of Co-operative Societies was established under the Building and Co-operative Societies Act, 1901 (Act No.17, 1902) Under the Act, the Registrar of Friendly Societies was the Registrar of Co-operative Societies after the Act repealed the previously unrepealed portion of the Friendly Societies Act of 1873 relating to Benefit-Building Loan and Investment Societies, and Co-operative Trading and Industrial Societies.(8) The Registrar now presented separate reports to Parliament - a report for Trade Unions, Building Societies, and Co-operative Societies in accordance with Section 26 of the Trade Union Act 1881, and Section 31 of the Building and Co-operative Societies Act 1901; and an annual report for Friendly Societies was presented pursuant to the Friendly Societies Act 1899.

Mr T.A. Coghlan, who served as Registrar of Friendly Societies from 1893 to 1 February 1905, was replaced by Mr J.B. Trivett. Trivett’s appointment meant the affairs of the Registrar "has thus been dissociated from that of the Government Statistician’s office; consequently, in future, the Registrar will be enabled to devote his whole attention to the administration of the large and rapidly growing business connected with the development of Friendly Societies under the Act of 1899."(9) However, during Trivett’s time as Registrar, the position of Government Statistician and the Registrar of Friendly Societies would once again be occupied by the same person.

The Registar of Friendly Societies continued to be the Registrar of Co-operative Societies under the Co-operation, Community Settlement and Credit Act, 1923 (No.1, 1924) and continued to submit separate annual reports for Friendly Societies and Co-operative Societies throughout the twentieth century.

The Trade Union Amendment Act, 1936 (Act No. 23, 1936) transferred the responsibilities of registering trade unions from the Registrar of Friendly Societies to the Industrial Registrar. All the the records associated with this function were to be transferrred to the Industrial Registrar by the date that the amending Act became operational which was 8 July, 1936. (10)

By the late 1970s, the Registry of Co-operative Societies included Friendly Societies, Permanent Building Societies and Credit Unions, in addition to Co-operatives.(11) On 26 September 1979, the Registry of Co-operative Societies was renamed the Department of Housing and Co-operatives.(12)

On 4 November 1981, staff undertaking non co-operative functions of the Department of Housing and Co-operatives were transferred to the Department of Consumer Affairs.(13) The staff were responsible for the administration of the Loan Fund Companies Act 1976, the Landlord and Tenant (Rental Bonds) Act 1977, and the Funeral Funds Act 1979. On the same day, the Department of Housing and Co-operatives was renamed the Department of Co-operative Societies.(14)

On 1 January 1986, the Department of Housing was established and the Home Purchase Advisory Service was transferred from the Department of Co-operative Societies to the Department of Housing.(15) On the same day, responsibility for a number of Acts including the Co-operation Act, 1923 (No.1, 1924) and the Friendly Societies Act, 1912 (No.46, 1912) were transferred from the Minister for Housing to the Attorney General.(16) On 12 February 1986, responsibility for these Acts was transferred to the Minister for Co-operatives.(17)

The Department of Co-operative Societies was abolished on 11 May 1988 and all of the Department’s branches were transferred to Business and Consumer Affairs.(18)


ENDNOTES
1. Friendly Societies Act 1912-1963 and Regulations, State Records Reference number 8/1136.4
2. Friendly Societies Act, 1843 (Act No.7, 1843)
3. Friendly Societies Act, 1873 (37 Vic. No. 4) The Act received its assent on 28 November 1873; The Act was published in the NSW Government Gazette, 2 December 1873, p3365.
4. Prior to 1873, Friendly Societies were required by the 1843 Act to Regulate Friendly Societies in the Colony of New South Wales (7 Vic. No. 10) to transmit to the Clerk of the Peace a transcript of their rules declaring the objects for which such societies were established and a statement of their financial appropriations.
5. The previous Acts were: 7 Vic. No. 10; 11 Vic. No. 10; 11 Vic. No. 53; 14 Vic. No. 11; 17 Vic. No. 26; 29 Vic. No. 8.
6. Registry of Friendly Societies, "Friendly Societies Act 1912-1963 and Regulations" State Records reference number 8/1136.4, p6.
7. The Friendly Societies Act, 1899 (Act No. 31, 1899).
8. The Building and Co-operative Societies Act, 1901 (No.17, 1902) received its assent on 24 January 1902.
9. Report of the Registrar for Friendly Societies 1903 and 1904, Joint Volumes of Papers presented to the Legislative Council and Legislative Assembly, 1905, vol. 3, p1181.
10. Trade Union Amendment Act 1926 (Act No. 23, 1936 s. 2(3) and NSW Government Gazette No. 110, 8 July, 1936 p. 2851
11. The NSW Government Directory 1977 states the Registry of Co-operative Societies is a general term used to describe the Registry of Co-operative Societies, Credit Unions, Friendly Societies, and Permanent Building Societies.
12. NSW Government Gazette, 28 September 1979, vol. 3, p4807.
13. NSW Government Gazette, 6 November 1981, vol. 4, p5751.
14. loc. cit.
15. Housing Act No. 163, 1985.
16. NSW Government Gazette, 3 January 1986, Gazette No.2, p43.
17. NSW Government Gazette, 14 February 1986, Gazette No.29, p688.
18. NSW Government Gazette, 13 May 1988, vol. 2, p2650; The Department of Business and Consumer Affairs was renamed Business and Consumer Affairs on 11 May 1988.