Charities & Not-For-Profits Law in Australia

The holiday season is over, everyone’s back at their desks and we’ve already completed the first month of 2019. It can be scary how time flies. As with all years in recent times 2018 was a busy year for charities and other not-for-profits and with the start of the new year we thought this was a good opportunity for us to look at what may be in store for charities and not-for-profits during 2019. We…
Two notable developments in the NSW retirement villages sector have recently taken place – the first being the passage of new retirement village amendment legislation in November 2018 and the second being the appointment of a retirement village ambassador in December 2018. Retirement Village Reforms The Retirement Villages Amendment Act 2018 was assented to on 28 November 2018 following the completion of the Inquiry into the NSW Retirement Village Sector in 2017. The Amendment Act…
When Joanne joined Makinson d’Apice eight years ago, Bill d’Apice quickly recognised Joanne’s legal skills, positive attitude and impeccable client relationship skills.  Since that day the two of them have worked together and with the rest of the Charities and Not-For-Profit team they have built the practice it is today. As Bill states:  Joanne’s appointment as a Partner is a fitting recognition of the leadership role she has grown into within our practice group. Her…
            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…
          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 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…