Please explain: Changes to Governance Standard 3 scrutinised

Earlier this year, Treasury released an Exposure Draft and Explanatory Statement setting out proposed changes to expand the scope of Governance Standard 3.  We looked at the initial Exposure Draft and accompanying Explanatory Statement in March this year. Scrutiny of the Exposure Draft by the sector The ACNC Act[1] requires that [...]

2021-09-15T11:06:55+10:00July 28th, 2021|

Flying Spaghetti Monster Australia Crashes

Background In 2005 a young physic graduate took exception to the Kansas State Board of Education considering giving equal class time in biology to creationism or ‘intelligent design’ where certain features of the universe are best explained by an intelligent cause, not an undirected process such as natural selection. He wrote a [...]

2021-07-28T11:02:59+10:00July 28th, 2021|

Only in Queensland – letters patent and the sale of property

Background A letters patent institution is a unique legal creature of a now-repealed piece of Queensland legislation (the Religious Educational and Charitable Institutions Act1861 (Qld)) (RECI Act).  The RECI Act was repealed on the creation of the Incorporated Associations Act but remained in force for those already under its regime.  A letters [...]

2021-07-28T10:54:59+10:00July 28th, 2021|

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|
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