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|

Mid Year Economic and Fiscal Outlook Forecast: Streamlining of DGRs put on hold for a year

In the Mid Year Economic and Fiscal Outlook Forecast (MYEFO) released in mid-December 2018, the government put back the implementation of the streamlining of deductible gift recipient (DGR) regulation by a year. The previous year’s MYEFO announced $5.7 million for the Australian Charities and Not‑for‑profits Commission (ACNC) and the Australian Taxation Office (ATO) to [...]

2019-03-28T09:59:46+00:00March 28th, 2019|

Trends in the not-for-profit sector: ATO NFP Stewardship group

Background The ATO convenes a stewardship meeting with NFP sector representatives several times a year to discuss matters of mutual concern relating to nonprofit tax administration. The November 2018 meeting minutes have just been released and the following issues will be of interest to those responsible for tax compliance of not for profit [...]

2019-03-28T09:49:55+00:00March 28th, 2019|

How will the whistle-blower reforms affect your not-for-profit

Background In February of this year the Commonwealth Parliament passed important reforms to the whistle-blower protections regimes that applies to private entities, including some not-for-profits. The new regime will commence on 1 July 2019. The reforms bolster the current private sector whistle-blower protections by: expanding the types of people who can make a [...]

2019-03-28T09:40:42+00:00March 28th, 2019|
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