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Charities & Not-For-Profits Law in Australia

Category Archives: Liability & Risk

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External Conduct Standards for Charities

Posted in acnc, charities, Compliance, General, Governance, Liability & Risk, regulations, Treasury

The ACNC legislation passed in 2012 allowed for the creation of minimum external conduct standards that are required to be met by registered charities. To date, this issue seems to have been in the government’s too hard tray but Treasury has now issued draft external conduct standards and is seeking submissions on them. The draft… Continue Reading

Privacy – The Notifiable Data Breaches Scheme Commences Today

Posted in Compliance, General, Governance, Liability & Risk, Privacy, Protection

Amendments to the Privacy Act introducing the Notifiable Data Breaches (NDB) scheme commences today, 22 February 2018. The NDB scheme will apply to all organisations currently required to take steps to secure personal information, including but not limited to businesses and not-for-profit organisations with an annual turnover of $3 million, health service providers, TFN recipients… Continue Reading

Bill d’Apice recognised in the Chambers & Partners 2018 edition

Posted in Compliance, Fundraising, General, Governance, Liability & Risk, Privacy, Procurement, Protection, Tax Exemptions & DGR Status, Trade Marks

Bill d’Apice, Chairman and Partner, has been recognised in Chambers and Partners’ Asia Pacific 2018 edition as a Band 1 lawyer in the area of Charities. This is a well-deserved acknowledgement and recognition of Bill’s dedication to the Charity sector over many decades. From the Chambers Asia-Pacific guide:  “Bill d’Apice of Makinson & d’Apice in Sydney “has… Continue Reading

Legal Questions for Every Charity & Not-For-Profit Organisation | Issue 3: Privacy

Posted in Governance, Liability & Risk, Privacy

In our third issue of “Legal Questions for Every Charity and Not-For-Profit Organisation” we deal with the topic of Privacy. The update forms part of our series of short summaries of legal issues that we have noticed during the course of advising our clients are common and important to charities and not-for-profit (NFP) organisations. PRIVACY  Do you know whether your organisation is required to… Continue Reading

Trade Mark Protection – 5 Points Every Charity & Not-For-Profit Organisation Should Consider

Posted in Liability & Risk, Protection, Trade Marks

As a Charity and Not-For-Profit (NFP) you rely heavily on the goodwill and reputation of your organisation which could take years of effort and investment to build.  It is therefore crucial for you to protect your names and brands, and this can be achieved by way of trade mark protection. A trade mark is a “badge of origin”.  It is a way… Continue Reading

Top 7 Procurement Tips for Charities and Not-for-Profit Organisations

Posted in Liability & Risk, Procurement

Procurement decisions are made by charities and not-for-profits regularly and can be the source of problems and expense if you don’t get the decisions right. It’s important that you don’t think that suppliers won’t look to enforce their agreement just because you are a charity or a Not-for–Profit association. Procurement has its pitfalls and you… Continue Reading

New NSW Associations Laws to Commence 1 September 2016

Posted in Compliance, General, Governance, Liability & Risk

New NSW Associations Laws to Commence on 1 September 2016 Important amendments to the Associations Incorporation Act 2009 (NSW) and the Associations Incorporation Regulation 2016 (NSW) will commence on 1 September 2016. These amendments will affect both existing Associations and the registration process for new Associations in NSW. The following summary highlights the key changes:… Continue Reading

ACNC Private Ancillary Fund Privacy Opt-in Extended to 30 June 2014

Posted in Compliance, General, Governance, Liability & Risk, Tax Exemptions & DGR Status

Under the Australian Charities and Not-for-Profits Commission Act 2012, certain information must be published by the Commissioner on the ACNC Register for the public to view. This information includes the entity’s name, ABN, sub-type, governing rules, details of responsible entities, information statements, financial reports or any other information the Commissioner is authorised to collect. This… Continue Reading

Accommodation Bonds in Development Funds

Posted in Compliance, Fundraising, General, Liability & Risk

Summary – Aged Care operators can place accommodation bonds in Development Funds. When the Federal Government amended the prudential requirements for the investment of accommodation bonds in residential aged care facilities subject to the Aged Care Act in 2011, there was some doubt as to whether Catholic aged care operators could legitimately place accommodation bonds for… Continue Reading

Update: Local Councils, Church, Charities and Not-For-Profit Groups to vote on settlement proposal relating to failed investment bank, Lehman Brothers

Posted in General, Liability & Risk

Summary – Update:  Local Councils, Church, Charities and Not-For-Profit Groups who purchased complex financial products from Lehman Brothers are set to vote on a settlement proposal to get up to half their money back from liquidators of the failed investment bank. You may recall we posted a blog article in October 2012 titled “Lehman Brothers class action… Continue Reading

ACNC Commences Operation

Posted in Compliance, Fundraising, General, Governance, Liability & Risk, Tax Exemptions & DGR Status

Summary – The Australian Charities and Not-For-Profits Commission (ACNC) legislation has received royal assent and the ACNC has commenced operation. Today the Governor General assented to the Australian Charities and Not-For-Profits Commission Act 2012 and the Australian Charities and Not-For-Profits Commission (Consequential and Transitional) Act 2012 (ACNC Acts). Who is regulated by the legislation? Although… Continue Reading

Lehman Brothers class action – a win for NFPs

Posted in General, Liability & Risk

Summary – Federal Court rules Lehman Brothers Australia is financially liable for misleading clients including Church and Not-For-Profit Groups to purchase complex financial products. In Wingecarribee Shire Council v Lehman Brothers Australia Ltd (in Liq) [2012] FCA 1028, the Federal Court of Australia has held that Lehman Bros Australia Ltd (In Liq), which was formerly… Continue Reading

Company officers – Duty of Care obligations for those who have more than one job description

Posted in Compliance, General, Governance, Liability & Risk

Summary – The High Court has recently ruled on the obligations of company officers wearing two hats. The High Court has recently shed further light on the obligations of care and diligence in respect of company officers who occupy multiple roles. In the case of Peter James Shafron v Australian Securities & Investments Commission the… Continue Reading

GST Ruling–Accommodation Bond Retentions & Accommodation Charges

Posted in Compliance, General, Liability & Risk, Tax Exemptions & DGR Status

SUMMARY :  The Tax Office has clarified the GST status of bond retentions The Commissioner of Taxation has issued a Determination GSTD 2011/4  on the issue of whether GST is payable on accommodation bond retention amounts or accommodation charges paid by residents of an aged care facility covered by the Aged Care Act 1997 that… Continue Reading

A Charity’s Reputation – How to Manage the Risk

Posted in General, Liability & Risk

For charities that invite and rely upon donations from the public, their reputation and the public confidence in them is fundamental to their livelihood and success.  Bad press of any kind can lead to a significant reduction in donations, embarrassment for supporters of the charity, and may even invite investigation by regulatory bodies into the… Continue Reading