Are you a volunteer, employee or something else?

Background Lynette Weiland[1] (Weiland) had a long association with SA Basketball. She played as a junior and then progressed to various roles in the organisation, including referee co-ordinator, referee coach, court supervisor and also the position of court table commissioner. Weiland was injured in a fall at the entrance to an [...]

2019-09-18T13:18:54+00:00September 18th, 2019|

Gift to a non-existent organisation

Situation Mr Niall died leaving a bequest in his will[1] to the 'Order of Selesians' in India for the purposes of work among the poor in India' No organisation by the title 'Order of Selesians' or 'Order of Selesians in India' existed in Australia or India. 'Selesians' appeared to be a [...]

2019-09-18T13:12:19+00:00September 18th, 2019|

FBT and religious practitioners

Religious institutions providing fringe benefits to religious practitioners are exempt from fringe benefits tax (FBT) under section 57 of the Fringe Benefits Tax Assessment Act 1986 (FBTAA). Unlike some other FBT exemptions, the concession is not subject to a dollar cap and is a highly valued method of remunerating religious practitioners. [...]

2019-09-18T13:06:14+00:00September 18th, 2019|

The NDIS boundary between state health provision and disability

Introduction A review by the Administrative Appeals Tribunal considered whether swallowing supports were part of the necessary supports provided under the National Disability Insurance Scheme (NDIS) for a severely disabled man who had difficulty swallowing (dysphagia) or a responsibility of the State general health system. Issues Two eating plans involving thickened [...]

2019-06-27T09:00:49+00:00June 27th, 2019|

Human Rights legislation passed

On 27 February 2019 the Queensland Parliament passed the Human Rights Bill without amendment with an expected commencement on 1 January 2020. Many non-profit bodies receiving government funding for community services will come under the provisions for those funded services. Some community advocacy bodies will use the provisions to advocate for [...]

2019-06-27T08:41:09+00:00June 27th, 2019|

A Scottish case around liability for care

Introduction Turning Point Scotland (charity) operated a facility in Glasgow offering help and accommodation to homeless people with an addiction to alcohol. Francis Hughes suffered from severe alcoholism and died in their care within hours of admission. Facts Mr Hughes was assessed and offered a place in the charity's Crisis Residential [...]

2019-06-27T09:13:31+00:00June 27th, 2019|

Royal Commissions – a primer

Introduction In Australia, royal commissions have usually been investigations into police and government corruption and organised crime using the very broad coercive powers of the royal commissioner to thwart protective systems that corrupt public officials had used to shield themselves from conventional investigation. However, more recently the focus has been outside [...]

2019-06-27T11:24:51+00:00June 27th, 2019|

Restraints of trade in an NDIS era

Most employers are aware that restraints or restrictive covenants in employment contracts are notoriously difficult to enforce.  Generally, provisions which impose restrictions on a person's ability to make a living are void and unenforceable (because such a restriction is seen as unreasonable from a public policy perspective).  Despite this, a restraint [...]

2019-06-27T10:33:00+00:00June 27th, 2019|

The KinCare case: What is a ‘non-profit organisation’?

Background A recent state duty case in New South Wales sheds some light on the meaning of the word ‘non-profit’ in the context of close family control and significant dealings with related for profit entities.[1] Mr H was a retired teacher and pastor with the Seventh-Day Adventist Church and his wife was a registered [...]

2019-04-11T08:19:29+00:00April 10th, 2019|

Tattersalls Club case: Ladies allowed in, men thrown out of Court

Background This is a case about voting procedures at the Brisbane Tattersall’s Club (Club) to allow females to become members. The motion to admit females as members was passed by a slim margin in 2018 after similar resolutions failed in 2003, 2005 and 2006.[1] It was alleged that the ballot was not conducted in [...]

2019-04-11T08:28:26+00:00April 10th, 2019|
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