Charities & Not-For-Profits Law in Australia

The Prime Minister released the terms of reference for the Royal Commission into Aged Care Quality and Safety on 9 October 2018. The terms of reference are very broad and it is important that all those organisations involved in the provision of aged care either directly or indirectly consider what preparations they may need to make at this stage and into the future to be ready for the Royal Commission. To assist you, we refer…
With effect from 1 October 2018, associations incorporated under the Associations Incorporation Act 2009 (NSW) which are registered charities will no longer have to submit annual financial reports to NSW Fair Trading as well as the Australian Charities & Not-for-profits Commission (ACNC). The annual financial reports which these charities lodge with the ACNC will be securely shared with NSW Fair Trading and will be accepted for the purposes of complying with the NSW legislative requirements. This…
The ACNC legislation passed in 2012 allowed for the creation of minimum external conduct standards that are required to be met by registered charities. To date, this issue seems to have been in the government’s too hard tray but Treasury has now issued draft external conduct standards and is seeking submissions on them. The draft regulations are intended to be a principles based set of minimum standards of conduct, governance and behaviour that ACNC-registered charities…
On 11 July 2018, the ATO published draft Tax Ruling TR 2018/D2 – Fringe benefits tax: benefits provided to religious practitioners. The public is invited to provide feedback to TR 2018/D2 until 24 August 2018. On the same date TR 2018/D2 was published, the ATO’s previous Tax Ruling on this topic – TR 92/17 – which was published in 1992 was withdrawn. Since 1992, there have been numerous changes to both the law and to…
The Second Edition of the Church Administration Handbook is now available to purchase online. The handbook outlines how the complex institution that is the Catholic Church in the modern world is structured and functions. Written by experts in ecclesiastical and civil law, the Church Administration Handbook is an invaluable resource for: managers of the church’s temporal affairs administrative staff in parishes, schools, hospitals and other church institutions members of finance councils and boards seminarians…
Amendments to the Privacy Act introducing the Notifiable Data Breaches (NDB) scheme commences today, 22 February 2018. The NDB scheme will apply to all organisations currently required to take steps to secure personal information, including but not limited to businesses and not-for-profit organisations with an annual turnover of $3 million, health service providers, TFN recipients etc. If your organisation is currently required to secure personal information under the Privacy Act, including compliance with the Australian…
Bill d’Apice, Chairman and Partner, has been recognised in Chambers and Partners’ Asia Pacific 2018 edition as a Band 1 lawyer in the area of Charities. This is a well-deserved acknowledgement and recognition of Bill’s dedication to the Charity sector over many decades. From the Chambers Asia-Pacific guide:  “Bill d’Apice of Makinson & d’Apice in Sydney “has been in this space a long time” and “is definitely an expert,” according to market sources. He possesses particularly focused…
The Retirement Villages Regulation 2009 NSW will be automatically repealed on 1 September 2017. There has been a consultation process underway which has now been finalised and a new Regulation will come into force on and from 1 September 2017. Operators and residents should familiarise themselves with these changes. The major changes that are proposed are as follows: •  clarifying that repainting of external surfaces once every 10 years is capital maintenance; •  requiring copies…
The ACNC have recently released an information paper ‘Remunerating Charity Board Members‘ for charities considering paying board members for their services as a board member. The term ‘board members’ is used throughout the information paper to generically refer to the responsible persons of a charity, such as committee members, directors or Trustees. The ACNC have confirmed that it is permissible for charities registered with the ACNC to pay their board, provided that the…