What's in the June 2022 update?
- Will you help us improve our online services? By taking our 10 minute survey you’ll go into the draw to win three free webinars worth up to $150
- Get a free and confidential Governance Health Check
- Law and policy updates: High Court negligence decision, employee or contractor, and changes to superannuation law
- Submissions: Crypto asset secondary service providers
- Updated resources: Managing members, campaigns or protests, dealing with disputes, and Local Aboriginal Land Councils employment checklists
- Upcoming webinars: Screening Checks, Board Inductions, How to Handle a Conflict of Interest, and Starting a Not-for-profit Organisation
- Training: Employment Law for Not-for-profit Organisations
- With your end of financial year donation, we can make sure no one misses out on free legal help
- News from our sector: New Assistant Minister for Charities, Wellbeing and Resilience Hub, ACNC Charities Commissioner Gary Johns steps down, Emerging Stronger volunteering grants available, and Australian Charities Report released
Will you help us improve our online services?
What do you think of Justice Connect's Not-for-profit Law online services? By telling us your feedback, you'll go into the draw to win three free webinars worth up to $150 from Not-for-profit Law's training team.
We're always looking to improve our services. An important part of doing that is including the voices of people who use our online resources to understand what’s working well, and what could be improved.
Get a free and confidential Governance Health Check
Has your constitution been getting dusty on a shelf? Are you worried about getting ready for your AGM? We can help with a free and confidential Governance Health Check for eligible organisations.
Register now before places fill up!
A Governance Health Check will help to free up your time and resources by assessing your organisation's governance structures, policies, and frameworks. Our lawyers will tell you what your organisation is doing well, plus you'll get one-on-one support and tips to tidy up areas that need improvement.
Our Governance Health Checks are available to eligible not-for-profit organisations and Aboriginal Community Controlled Organisations delivering services in NSW.
Places are limited, so get in fast!
Hear from previous participants:
- ‘Thank you so much for all the work that went into our health check. It was a valuable experience and created some needed analysis of how we are tracking.’
- ‘We wouldn’t hesitate to recommend [Justice Connect’s] Governance Health Check service to other organisations.’
Law and policy updates
High Court negligence decision is a reminder to organisations to proactively safeguard workers’ mental health
The High Court has found that the Victorian Office of Public Prosecutions was negligent in failing to protect the mental health of a lawyer exposed to vicarious trauma in her work.
This is an important reminder to not-for-profit organisations to prioritise the psychological safety of their employees and volunteers, particularly where their roles involve clear risks of psychological harm. Read more about what this decision means for your organisation.
Employee or contractor?
Previously, in deciding whether a worker is an employee or an independent contractor, courts considered numerous factors relating to what actually occurred in the working relationship (which may have differed to what was in the written contract).
In two recent decisions, the High Court has moved away from this approach. Instead, the Court placed a higher importance on the terms of the written contract to determine whether a relationship is one of employee or independent contractor.
Take a look at our guide ‘Employee, contractor or volunteer?’ which has been updated to include this development.
Change to superannuation law – removal of the guarantee threshold
Under the Superannuation Guarantee (Administration) Act 1992 (Cth), organisations are required to make minimum prescribed superannuation contributions for all eligible employees (whether full time, part time, or casual):
- over 18 years, or
- under 18 years who work more than 30 hours a week,
who are paid $450 or more (before tax) in a calendar month.
From 1 July 2022, the $450 superannuation guarantee threshold will be removed, so employers will be required to make super guarantee contributions to an eligible employee’s super fund regardless of how much the employee is paid.
Submissions
Submission to the Federal Treasury on crypto asset secondary service providers
The Federal Government recently undertook a consultation on the emerging crypto assets sector questioning how the space should be regulated, what natures of use of crypto should be accounted for and what protections should be in place. Justice Connect’s submission argues that crypto assets are of emerging relevance to the not-for-profit sector, whose needs are very different to business, and that requirements of not-for-profits need to be accounted for in legislation and accompanying guidance.
New and updated resources
Managing members
Campaigns or protests
Dealing with disputes and grievances with members
Local Aboriginal Land Councils (LALCs)
Webinars
Upcoming webinars
Our webinar program provides practical, easy to understand overviews on areas of law relevant to not-for-profits. These webinars are open to all to attend and do book out, so register today.
Screening Checks
Tuesday 21 June, 12.45 - 2pm (AEST)
Screening checks are essential to protect all those involved with your service. This webinar will walk you through the basics of how to set up a screening process, what types of checks you need and updates to the law around screening.
Board Inductions for Not-for-profit Organisations
Tuesday 12 July, 12.45 - 2pm (AEST)
What does it mean to be a board member? What are your key legal responsibilities? When are you personally responsible if things go wrong and what protections are available? We answer these questions and more.
How to Handle a Conflict of Interest
Tuesday 19 July, 12.45 - 2pm (AEST)
Poorly managed conflicts of interest can negatively impact your organisation’s reputation. This webinar will guide you through how to manage a conflict of interest and comply with the law.
Starting a Not-for-profit Organisation
Tuesday 9 August, 12.45 - 2pm (AEST)
Setting up a not-for-profit organisation but not sure where to start? Let us help! This free introductory webinar will help you understand the legal basics of setting up and getting started.
Training
Employment Law for Not-for-profit Organisations
Time for an employment law refresh? Understanding your legal obligations as an employer is essential to protect both your workers and your organisation. In our practical legal training on Employment Law for Not-for-profit Organisations, we’ll take you through some of the key legal issues in the employment lifecycle, from recruitment through to ending the relationship. We’ll also unpack the important distinction between employee and independent contractor, drawing on the recent decisions of the High Court of Australia.
With your end of financial year donation, we can make sure no one misses out on free legal help
We know there are more charities that want our support, but we need your help to reach them. It is only with donations from our generous supporters that we are able to support more not-for-profit organisations like your own.
Together, we can make sure pro bono legal help is always available. Donate now before 30 June.
News from our sector
New Assistant Minister for Charities
The Hon Dr Andrew Leigh has been appointed the Assistant Minister for Charities and we look forward to working with him in this role.
Social Sector Wellbeing and Resilience Hub
The Xfactor Collective Foundation have announced the procurement of funding to establish a social sector wellbeing and resilience hub. The creation of the hub responds to a study conducted in 2020 by the Xfactor Collective Foundation which found that 80% of respondents reported working in ways leading to widespread burnout, and will provide much-needed resources on organisational and individual mental health. The hub is expected to begin rolling out in April 2023 and will provide immediate support as well as advocacy for improved mental health in the sector. Read more.
ACNC Charities Commissioner Gary Johns steps down
The head of the Australian Charities and Not-for-profits Commission the Hon Dr Gary Johns has announced he will step down from the role at the end of July.
Emerging Stronger volunteering grants
The Victorian Government is providing $1 million in grants to support local partnerships and innovation projects to re-engage volunteers, broaden the volunteer base, and strengthen volunteering in local communities. Applications for grants of up to $80,000 are now open until 18 July. Further information and guidelines.
Australian Charities Report – 8th Edition
The Australian Charities Report is the annual analysis of the information that the Australian Charities and Not-for-profits Commission receives from charities in their Annual Information Statements. The 8th edition of the report has now been released. Explore the findings.
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