AGY-1745 | Registrar of Co-operative Societies (1902-1979) / Department of Housing and Co-operatives (1979-1981) / Department of Co-operative Societies (1981-1988)

Full description

The Registry of Co-operative Societies was established under the Building and Co-operative Societies Act, 1901 (Act No.17, 1902). (1) The Act repealed the previously unrepealed portion of the Friendly Societies Act of 1873 relating to Benefit-Building Loan and Investment Societies, and Co-operative Trading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. Under the Act, the Registrar of Friendly Societies would also be the Registrar for Building and Co-operative Societies.

Prior to the Building and Co-operative Societies Act, 1901, information about Building and Co-operative Societies was included in the Report of the Registrar of Friendly Societies under the Friendly Societies Act of 1873 (37 Vic. No.4). The Act required 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 to be transferred to the Registrar of Friendly Societies. (2) The Registrar would be responsible for all mutual societies and these were: 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 The Act completely repealed previous Acts relating to these types of societies. (3)

The Building and Co-operative Societies Act, 1901 was repealed by the Co-operation, Community Settlement and Credit Act, 1923 (Act No.1, 1924). Part VIII of the Act provided for a Registrar of Co-operative Societies and until the Governor otherwise directed, the Registrar of Friendly Societies was to be the Registrar of Co-operative Societies. (4) The Act provided for the formation, registration and management of co-operative societies including: rural, trading, community settlement, community advancement, building, rural credit, urban credit, investment. The Act also provided for the formation of a society for promoting the economic or social interest of its members, or as an association or union facilitating the operations of such societies.

Under Part III of the Co-operation, Community Settlement and Credit Act 1923, a society could be formed by at least seven persons who attend a meeting in which a written statement of the society’s objectives and rules was made. Within two months of the election of directors, the society was required to apply for registration with the Registrar of Co-operative Societies. The society could be registered if the Registrar was satisfied the proposed regulations and rules were not contrary to the Act. (5) If the Registrar refused to register a society (or certain rules, or directed a change of name) he was required to provide the society with a written explanation if requested by the society. The society could summon the Registrar to appear before a judge of the Supreme Court to substantiate and uphold the grounds of the refusal or direction.

The business and operations of a society were managed and controlled by a board of directors. The chairman of the board could be elected by either the board or at a general meeting of the society. The directors held office, retired, or were removed from office by the rules of the society. (6)

The Registrar of Co-operative Societies could inquire into the working and financial condition of a society or authorise any public servant, accountant, or actuary to inspect any minutes or books or to examine into, and report upon, the affairs of a society. (7) Any person could inspect at the office of the registrar, and obtain copies of, the registration and rules of a society.

The Co-operation, Community Settlement and Credit Act, 1923 also established an Advisory Council to make recommendations to the responsible Minister. The Council submitted recommendations about the rules and regulations relating to societies and any action to be taken by the Minister, including the appointment of committees. The Registrar of Co-operative Societies was an ex officio member of the Council and the responsible Minister could attend any meeting, and would preside over such meetings. (8)

The Registrar of Friendly Societies continued to be the Registrar of Co-operative Societies and presented separate annual reports to Parliament until the 1980s. On 26 September 1979, the Registry of Co-operative Societies was renamed the Department of Housing and Co-operatives. (9)

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. (10) 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. (11)

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. (12) On this day, responsibility for a number of Acts including the Co-operation Act, 1923 (Act No.1, 1924) and the Friendly Societies Act, 1912 (Act No.46, 1912) were transferred from the Minister for Housing to the Attorney General. (13) On 12 February 1986, responsibility for these Acts was transferred from the Attorney General to the Minister for Co-operatives. (14)

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. (15)


ENDNOTES
1. The Act received assent on 24 January 1902.
2. The Act was published in the NSW Gazette, 2 December 1873, p.3365.
3. 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.
4. The Act received its assent on 3 January 1924 but came into effect on 31 December 1923.
5. Co-operation, Community Settlement and Credit Act 1923, (Act No.1, 1924), Part III.
6. ibid., Division 2.
7. ibid., Part VIII.
8. ibid., Part VII.
9. NSW Government Gazette, 28 September 1979, p.4807.
10. NSW Government Gazette, 6 November 1981, p.5751.
11. loc. cit.
12. Housing Act 1985 (Act No.163, 1985).
13. NSW Government Gazette No.2, 3 January 1986, p.43.
14. NSW Government Gazette No.29, 14 February 1986, p.688.
15. NSW Government Gazette, 13 May 1988, p.2650; The Department of Business and Consumer Affairs was renamed Business and Consumer Affairs on 11 May 1988.