What's in the January 2023 update?

• Federal Government to remove gag clause on community legal centres that prohibited political advocacy  
• Law and policy updates: Changes to Fair Work legislation now law, and paid family and domestic violence leave extended from 1 February 2023 
• Updated resources: Understanding contracts, the Commonwealth Simple Grant Agreement, the NSW Human Services Agreement, co-operatives, and Indigenous corporations 
• Upcoming webinars:  
  • Starting a Not-for-profit Organisation, Tuesday 31 January, 12.45 – 2pm (AEDT)
  • Board Inductions For Not-for-profit Organisations, Tuesday 14 February 12.45 – 2pm (AEDT) 
  • Member Disputes and Conflict on the Committee, Tuesday 28 February 12.45 – 2pm (AEDT) 
  • Privacy Obligations for Not-for-profits, Tuesday 14 March 12.45 – 2pm (AEDT) 
• Training for the new year
• News from our sector: ACNC guidance on crypto-assets, Voices for Change survey, and mentoring program to support leaders with disability 

Federal Government to remove gag clause on community legal centres that prohibited political advocacy 

In good news for the community legal assistance sector, the Federal Government recently announced it will lift a restriction in Federal funding agreements that previously prohibited community legal centres from taking part in political advocacy and lobbying.

What does this mean for Justice Connect?

As an organisation with an extraordinary depth and breadth of insights into commonly experienced legal issues, we are glad to once again be able to use our professional experience to advocate for system-level solutions to the problems we observe in our casework.

Law and policy updates

Changes to Fair Work legislation is now law

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) is now in force. This Act significantly reforms Australian workplace laws, including in relation to: 

• pay secrecy and what can be included in job advertisements
• multi-employer bargaining provisions
• limiting the use of fixed term contracts, and
• protected attributes under existing anti-discrimination provisions 

The new laws start on different dates. The Fair Work Ombudsman has published a summary of the key start dates under the new laws. We are updating our resources on workplace laws.

Paid family and domestic violence leave from 1 February 2023

The Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 (Cth) has amended the Fair Work Act 2009 (Cth) so that full-time, part-time, and casual employees will be entitled (under the National Employment Standards) to ten days of paid family and domestic violence leave in a 12-month period (replacing the existing five-day entitlement). This Act also extends the definition of family and domestic violence to include conduct of a current or former intimate partner of an employee, or a member of an employee's household.

The new laws come into effect from 1 February 2023 for non-small business employers (employers with 15 or more employees). Small business employers (under 15 employees) will come under the new provisions from 1 August 2023. We are updating our resources on workplace laws.

Updated resources

Understanding contracts

• Unfair contract terms fact sheet

Funding arrangements

• Commonwealth Simple Grant Agreement fact sheet
• Guide to the NSW Human Services Agreement

Setting up an incorporated legal structure  

• Fact sheet on co-operatives
  

• Fact sheet on Indigenous corporations

Upcoming webinars

Training for the new year

The year is off to a bang with our training calendar filling fast! The most popular topic of the season has been Governing a Not-for-profit Organisation. Committee members are keen to understand their key legal duties and to set their organisation up for success.

We would love to talk with you about your training needs for 2023.

You can explore our full range of training topics on our website at www.nfplaw.org.au/training or contact us to find out more and book in your session.

News from our sector

ACNC releases new guidance on crypto-assets

Because charities may consider accepting donations of crypto-assets or investing in crypto-assets as a way to raise funds, the Australian Charities and Not-for-profits Commission (ACNC) has released guidance for the sector.  

ACNC Commissioner Sue Woodward AM notes ‘in general, the risks connected with a charity investing in crypto-assets are greater and harder to manage than the risks connected with accepting donations of this kind’ and urges charities to fully consider the risks and benefits when dealing with crypto-assets.  

Voices for Change survey

The Stronger Charities Alliance is partnering with Pro Bono Australia and University of Melbourne to conduct research on not-for-profit advocacy in Australia. The Voices for Change survey is the first in an ongoing survey series to understand the barriers to not-for-profits engaging in advocacy, and to help identify how to strengthen the capacity of the sector. If you work at or lead a not-for-profit organisation in Australia you can participate in this survey, which has been extended until 29 January 2023. 

Mentoring program to support leaders with disability

The Directing Change Scholarship Program increases the representation of people with disability on Australian boards by supporting emerging and experienced leaders with disability. The program is seeking company directors and board representatives to commit to 1-2 hours of mentoring a month. Mentors will receive Disability Confidence & Awareness training. Applications close on 12 February 2023.