View the latest law and policy updates, resources, webinars, training and news from our sector.
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What’s in the May 2025 Update?

  • Happy National Volunteer Week!
  • Law and policy updates: Aged care worker screening – proposed changes for aged care workers, requirement to lodge an annual not-for-profit self-return, NSW Secure Jobs and Funding Certainty Roadmap, and Portable Long Service Leave Scheme in South Australia 
  • Resources:
    • Updated resources: Getting started, setting up your organisation, entering into contracts 
    • Update on Not-for-profit Law's funding in NSW 
  • Upcoming webinars:
    • NEW: Diversity in Volunteering: Using the Law to Support Best Practice, 22 May, 12:45 – 2pm
    • Not-for-profit Risk: Current Issues for the Board Agenda, 5 June, 12:45 – 2pm 
    • Protecting Mental Health: Psychosocial Hazards in Not-for-profits, 19 June, 12:45 – 2pm
  • News in our sector: ACNC publishes new registration decision summary: incidental or ancillary purposes, the Fair Work Commission invites public feedback on SCHADS award, and Climate Justice Field Guideβ€―for Community Legal Centres 

National Volunteer Week 

This week is National Volunteer Week! This year, Volunteering Australia is encouraging everyone to celebrate the power of volunteering to bring people together with the theme β€˜Connecting Communities’. 

As part of the National Strategy for Volunteering, we’re leading efforts to help increase volunteer-involving organisation's understanding of their legal obligations to volunteers. 

To support your organisation, we offer a range of services and resources. 

Join our upcoming webinar this Thursday on diversity in volunteering

In this webinar, we’ll highlight the kinds of legal issues your not-for-profit needs to consider to confidently build and grow diverse and strong volunteer teams. 

For just $49 to $85 per person, get sector-specific guidance from our team of lawyers who understand the unique challenges not-for-profits face. We'll cover:

  • 🌱 An overview of four key legal issues when managing a diverse volunteer team: discrimination, safety, screening, and privacy.  
  • πŸ“š Practical case studies.
  • πŸ’‘ Top tips for balancing your legal obligations to make volunteering more inclusive. 
Register now

Use our free legal resources 

Our comprehensive resources, including the National Volunteering Guide, are designed to help your organisation make sense of complex laws.

Apply for free legal advice 

Our team of lawyers can provide free legal advice to eligible volunteer-involving organisations. Fill out our short online application to see if your organisation is eligible. 

Talk to us about customised training  

Our interactive training on Managing Volunteers and the Law helps those people who manage and engage with volunteers understand their legal obligations. Our experienced lawyers guide you through common legal issues and give you tools and resources so you can confidently administer your volunteer programs.  

Here is what participants in a recent training session said:   

  • β€˜This trainer was fantastic, very informative and great at breaking information down to ensure it is easy to understand.’ 
  • β€˜Pitched at a simple level i.e. I didn’t need a law degree to understand it!’  

Contact our team to find out more.   

Law and policy updates

Aged care worker screening – proposed changes for aged care workers  

From 1 July 2025, the offences that will prevent an aged care worker working for a Commonwealth Home Support Programme provider will align to the same set of offences that prevent them working for a National Aboriginal and Torres Strait Islander Flexible Aged Care Program provider. For details of these offences, see the Department of Health and Aged Care’s fact sheet Aged care worker screening from 1 July 2025. 

The Australian Government also is working towards aligning the requirements for aged care worker screening with the NDIS requirements. This will mean: 

  • more robust screening checks for the aged care sector, and 
  • an aged care worker screening check will be recognised in the NDIS sector and vice versa 

The new screening process for aged care is subject to agreement with the states and territories,  and will not start before 2026. For more information, see the Department of Health and Aged Care’s webpage Screening requirements for the aged care workforce.

ATO: The requirement to lodge an annual not-for-profit self-return by 31 March 2025 

The first annual self-return that non-charitable not-for-profits with an active ABN are required to lodge to confirm their eligibility for income tax exemption is for the 2023-24 income year. This return was due by 31 March 2025.

The Australian Taxation Office (ATO) continues to publish guidance on this requirement, including the information linked below:

  • Lodge the NFP self-review return, even if you're unsure you have charitable purposes 
  • What to do if you haven’t lodged your 2023-24 NFP self-review return 
  • Remember to make sure your NFP governing documents are in order by 30 June

New South Wales: Secure Jobs and Funding Certainty Roadmap   

The NSW State Government has published the Secure Jobs and Funding Certainty (SJFC) roadmap. This roadmap will provide long-term, five-year funding contracts to community service organisations. The Secure Jobs and Funding Certainty Leadership Group (comprised of NSW Government agencies, peak organisations and the Australian Services Union) will oversee the implementation of this roadmap. Read more about the roadmap.  

South Australia: Portable Long Service Leave Scheme  

South Australia’s Portable Long Service Leave scheme, which has provided long service leave to construction workers for almost 50 years, is being expanded to include community service sector workers from 1 October 2025. 

The South Australian State Government announced it would introduce portable long service leave to workers in the community services sector at the last State Election in 2022.  The Government has since undertaken consultation, and the legislation introducing the scheme for the sector was passed by Parliament in 2024. 

 

Resources

Updated resources

Getting started 

  • Should your group register as a charity? 
  • Fundraising trusts and grant making foundations 

How to structure and set up your organisation 

  • Co-operatives
  • Indigenous corporations
  • Setting up and running a youth organisation guide 

Entering into contracts 

  • Understanding contracts 
  • Consumer Guarantees and not-for-profit organisations 
  • Unfair Contract Terms 

Not-for-profit Law’s NSW funding

NSW-specific resources

Since the NSW Government stopped funding our work, we had no choice but to cut off our NSW advice services and remove our tailored legal resources for NSW-based community organisations from our website. Since then, tens of thousands of organisations that rely on us have had to go without critical legal and governance support. 

Email a letter now to the NSW Minister for Families and Communities in support of reinstating our funding. 

We’re grateful to have secured short-term support from another funder which means we can get our NSW-specific resources back on our website for the time being. However, this support is time limited, and it’s not enough to reopen our advice service in NSW. 

    Upcoming webinars

    Diversity in volunteering: using the law to support best practice 

    πŸ“… Thursday, 22 May
    πŸ•’ 12:45 - 2pm (AEST)
    πŸ’» Online via Zoom
    ➑️ Register now

    Fostering a diverse and inclusive volunteer workforce is a priority for many not-for-profits. As lawyers, we see some tricky issues arise around discrimination, safety, screening and privacy law when organisations seek to embed diversity in their volunteer recruitment plan. Our challenge then is to use the law to support diversity. 

    We’ll use practical case studies to highlight the kinds of legal issues your organisation needs to consider to confidently build and grow a diverse and strong volunteer workforce.  

    We'll cover: 

    • A short, sharp overview of four key legal issues for a diverse volunteer team - discrimination, safety, screening, and privacy 
    • Case studies - applying the law to manage risk and embrace diversity 
    • Top tips on balancing your legal obligations to make volunteering more inclusive 
    Register now

    Not-for-profit Risk: Current Issues for the Board Agenda

    πŸ“… Thursday, 5 June
    πŸ•’ 12:45 - 2pm (AEST)
    πŸ’» Online via Zoom
    ➑️ Register now

    In this webinar, we’ll provide a short, sharp overview of some current legal risks to keep in mind when setting the board agenda in your not-for-profit.β€―

    From psychosocial hazards and the new requirements to address sexual harassment, to privacy and artificial intelligence. We’ll highlight critical changes, key trends and regulatory priorities to give you confidence in the decisions you make in governing and running your organisation to sustainably achieve your purpose.

    We'll cover: 

    • Guidance about how to approach risk management
    • Key takeaways and top tips to help your Board address some of the current risk issues
    • Understanding director liability and protections
    Register now

    Protecting Mental Health: Psychosocial Hazards in Not-for-profits

    πŸ“… Thursday, 19 June
    πŸ•’ 12:45 - 2pm (AEST)
    πŸ’» Online via Zoom
    ➑️ Register now

    In this webinar, we’ll unpack changes to work health and safety regulations in recent years and step you through your not-for-profit’s legal obligations to manage psychosocial hazards in your workplace.

    We’ll provide you with practical examples and tips that will leave you feeling more confident in what is expected of you when it comes to protecting the mental health and safety of your staff and volunteers.

    We'll cover: 

    • Your organisation's basic safety obligations
    • What psychosocial hazards are, and how to identify them
    • Practical steps your organisation can take to protect your workers and meet your legal obligations
    • Examples of recent regulatory action to address poorly managed psychosocial hazards
    • Where you can get more help and information
    Register now

    News in our sector 

    ACNC publishes new registration decision summary: incidental or ancillary purposes 

    From time to time, the ACNC publishes information to provide insight into its activities, improve transparency, and provide educational benefits to the charity sector in the form of de-identified registration decision summaries. 

    These registration decision summaries are de-identified summaries of actual registration applications and illustrate some of the aspects of the ACNC's deliberations and decision-making when considering whether to register an organisation as a charity. 

    The ACNC has published a new de-identified registration decision summary. The summary sets out what the ACNC looked at when considering registration of an incorporated association that operated a religious congregation and undertook ministry in the community. 

    The Fair Work Commission invites public feedback on SCHADS award 

    The Fair Work Commission conducted a review of gendered undervaluation across five award classifications, including the Social, Community, Home Care and Disability Services Industry (SCHADS) award. On 16 April 2025, an expert panel handed down its draft decisions.  

    In respect of the SCHADS award, the expert panel broadly found that gender-based undervaluation had occurred in specified classifications and provided provisional views as to how it proposed to remedy this. In response, the Commission has issued a discussion paper, and a notice of hearings to be held in:

    • Sydney on 4 June, and
    • Melbourne on 17 June 

    Parties interested in giving feedback at the hearings are asked to file a short response to the discussion paper by 28 May 2025. 

    Climate Justice Field Guideβ€―for Community Legal Centres

    The Federation of Community Legal Centres has launched a Climate Justice Field Guideβ€―for Community Legal Centres. This resource provides guidance to community legal centre staff on how to ensure their centres are resilient and build their capabilities to support communities through services, education and advocacy.


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