Keeping the paperwork in order – Fitzgerald v The Valley Centre for Environmental Education & Research Inc

Background The Valley Centre for Environmental Education and Research Incorporated (Association) was incorporated under the Associations Incorporation Act 2009 (NSW) and involved in environmental conservation. P was one of the founders of the Association and continuously an office bearer until her death in 2013. Initially, the Association owned a house that [...]

2021-05-11T17:33:03+10:00May 11th, 2021|

Charity claims defamation by former staff member

Background The Chinese Australian Services Society Limited (CASS) is a company limited by guarantee which is a charity registered under the ACNC Act. It provides aged care, disability, settlement and child-care services in New South Wales with annual revenue of almost $23M. P is the unpaid honorary executive director of CASS [...]

2021-05-11T17:30:10+10:00May 11th, 2021|

Queensland Associations Incorporation Act changes delayed

The Associations Incorporation and Other Legislation Amendment Act 2020 contained some provisions that did not take effect immediately on the passing of the amendments. These provisions were to be subject to a consultation process by the Office of Fair Trading this year.  However, the timing of these consultations has now been delayed [...]

2021-05-11T17:26:21+10:00May 11th, 2021|

ACNC database link to electoral activity

Background The Commonwealth government published an amendment to the Australian Charities and Not for Profits Commission (ACNC) regulation at the end of April which had been announced on 5 December 2017. The Amending Regulations amend the ACNC Regulation to require the ACNC Commissioner to publish information on the ACNC Register about [...]

2021-05-11T17:24:50+10:00May 11th, 2021|

Compulsory Covid/flu vaccinations in the employment spotlight

Kimber case The recent case of Kimber[1], 29 April 2021 considered the issue currently at the forefront of many not-for-profit employers' minds – just when, can or should an employer make a vaccination for its workers mandatory? In the Kimber case, Ms Kimber was employed as a part-time receptionist at an [...]

2021-05-11T16:05:08+10:00May 11th, 2021|

More deductible gift recipient reform

Background Treasury Laws Amendment (2021 Measures No. 2) Bill 2021 was introduced into Federal Parliament on 17 March 2021. The measures were first flagged in late 2017 after Treasury released a discussion paper on potential reforms to the deductible gift recipient (DGR) framework early that year. These included requiring all DGRs [...]

2021-03-31T09:14:48+10:00March 31st, 2021|

Consultation on ACNC Governance Standard 3 – unlawful activity

Background Treasury recently released an Exposure Draft and Explanatory Statement detailing proposed changes to expand the scope of Governance Standard 3. Currently, Governance Standard 3 prohibits registered charities from acting in a way that may be dealt with: as an indictable offence under Australian law; or by way of a civil [...]

2021-03-31T09:10:08+10:00March 31st, 2021|

Basic religious charities

Background The definition of ‘basic religious charity’ under the Australian Charities and Not for-profits Commission Act 2012 (Cth) was changed with effect from 17 March 2021. A 'Basic Religious Charity' (BRC) is a registered charity with the purpose of advancing religion that meets 6 other criteria such as not receiving more [...]

2021-03-31T09:06:40+10:00March 31st, 2021|

To Proxy or not to proxy? – Bottoms v Yorkeys Knob Boating Club

Background Proxies for Queensland incorporated associations are a fraught area. The issue arises as to whether an association should include proxies in its rules. A balance has to be struck between allowing members who cannot attend meetings in person (often because the membership is located throughout Queensland or indeed Australia) and [...]

2021-03-31T09:03:51+10:00March 31st, 2021|

Women’s Life Centre Inc and Commissioner of the Australian Charities and Not-for-profits Commission [2021] AATA

This is just the second case where a decision of the Australian Charities and Not-for-profits Commission (ACNC) has been appealed in the Courts. Two cases in nearly a decade will probably rise sharply this year with several other cases making their way from the Court system.  In this case, while the [...]

2021-03-31T09:01:03+10:00March 31st, 2021|
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