Since the announcement of the National Redress Scheme for Institutional Child Sexual Abuse, many NSW non-government schools have been uneasy about whether they may inadvertently breach Section 83C of the Education Act if required to make a funding contribution (Funding Contribution) under the National Redress Scheme for Institutional Child Sexual Abuse Act (2018) (Cth). From 11 October 2019, the Education Regulation 2017 (NSW) was amended to allow non-government schools to make…

In recent years, many charities and other NFPs have found themselves in a position where they need to consider restructuring. Common reasons we have seen for this are: the charity or NFP may now be operating outside of the state or territory in which it was originally incorporated the charity or NFP may have increased its activities and outgrown its original structure the charity or NFP may have been originally set up incorrectly (for example,…

For registered charities operating overseas or working with a third party overseas, there is a new set of standards that they must comply with in addition to the existing ACNC Governance Standards in this new financial year. This set of new standards commonly referred to as “External Conduct Standards” are contained in the Australian Charities and Not-for-profits Commission Amendment (2018 Measures No. 2) Regulations 2018 that were tabled in the Parliament late November 2018. On…

When an existing lease expires, a tenant may have the “option” to renew the lease. Essentially a tenant has the right to have a new lease granted to them on the same terms as the existing lease. However, the rent will be reviewed in accordance with the rent review terms of the existing lease. So, what should a landlord be aware of when the initial term of a lease is coming to an end? Here…

In the latest issue of the F&P (Fundraising & Philanthropy) magazine, Joanne Grant, Partner at Makinson d’Apice takes a look at the legislative and compliance requirements that will impact the charity and not-for-profit sector in the next 12 months. Click on the image to read the article. …

Most Australian entities will now be aware that the Modern Slavery Act 2018 (Cth) (Commonwealth Act) commenced on 1 January 2019. However, you may not be aware that the NSW government has recently passed its own Modern Slavery Act 2018 (NSW) (NSW Act), which will commence on 1 July 2019. Obligations under the Commonwealth Act Under the Commonwealth Act, entities based or operating in Australia which have AU$100 million or more in annual global revenue…

It is quite common for charities to provide gifts or honorariums to individuals who are important to their organisations as a gesture to express their gratitude and appreciation. However, as registered entities with the Australian Charities and Not-for-profits Commission (ACNC), charities are required to comply with the ACNC’s Governance Standards when applying its resources. Therefore, careful consideration should be given to certain potential legal issues and financial reporting requirements when making the decision to provide…