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.
Legal Questions for Every Charity & Not-For-Profit Organisation | Issue 1: Governance
During the course of advising charities and not-for-profit organisations over many years, we have noticed some common issues that are important to our clients.
Over the next few months, we will run a series of short summaries of those legal issues that every charity and not-for-profit organisation should consider.
This month we will deal with
New NSW Associations Laws to Commence 1 September 2016
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:
Template Governing Document Released by the ACNC
Last week the ACNC released a one page document to be used as a template governing document for registered charities who otherwise don’t have a constitution which satisfies the requirements of the ACNC.
This template governing document is for charities which are created by an Act of Parliament or are governed by Canon Law and
Privacy Act Amendments to Regulate Businesses and Government Agencies
Businesses including Not-for-Profit entities should review their privacy policies and procedures to ensure that they comply with the new Australian privacy principles before they commence on 14 March 2014.
The Privacy Amendment (Enhancing Privacy Protection) Act 2012 is the most significant privacy reform since the Privacy Act was introduced over 25 years ago. The new privacy principles will regulate the handling of personal information by businesses and Australian government agencies.Continue Reading Privacy Act Amendments to Regulate Businesses and Government Agencies
CPA Guide helps ACNC Charity Compliance
CPA Australia has just released a new guide “Charities – A guide to financial reporting and assurance requirements” to assist charities registered with the Australian Charities and Not-for-profits Commission (ACNC) to understand and comply with their various reporting obligations.
This resource is the first of its kind and sets out in plain English the range of reporting obligations imposed by the ACNC and how those obligations apply for different types of entities.Continue Reading CPA Guide helps ACNC Charity Compliance
NSW State Legal Conference
Summary – Bill d’Apice and Kylie Maxwell presented to the NSW State Legal Conference on NFP structures and the reform agenda for charities and NFPs on 27 March 2012.
Bill d’Apice and Kylie Maxwell both gave presentations to many lawyers and sector representatives at the request of organisers of the NSW State Legal Conference. They addressed current issues affecting Charities and Not-For-Profits in relation to entity structures, public juridical persons, changes to the laws affecting Public Ancillary Funds, the proposed unrelated business income tax, proposals concerning “In Australia” requirements for certain entities and possible changes to governance requirements with the upcoming Australian Charities & Not-For-Profits Commission.Continue Reading NSW State Legal Conference