Law and policy updates
First tranche of privacy law changes introduced to ParliamentThe first tranche of privacy reforms, set out in the Privacy and Other Legislation Amendment Bill 2024, were introduced to Parliament on 12 September. The bill introduces measures to protect the privacy of individuals with respect to their personal information, including: - expanding the Information Commissioner’s powers
- facilitating information sharing in emergency situations or following eligible data breaches
- requiring the development of a Children’s Online Privacy Code
- providing protections for overseas disclosures of personal information
- increasing transparency about automated decisions (this includes decisions made by artificial intelligence) which use personal information
- introducing a statutory tort to provide redress for serious invasions of privacy, and
- introducing criminal offences targeting the release of personal data using a carriage service in a way that would be menacing or harassing (known as ‘doxxing’)
The bill will be considered by Parliament again on 8 October and will likely be referred to a Senate Committee for further deliberation. Other anticipated changes that were agreed to in the Federal Government response to the Privacy Act Review report last year have not been included in this bill. Consultation on these additional proposed reforms may still occur. New laws to boost protection for Queensland children The Child Safe Organisations Bill passed by the Queensland Parliament this month mandates 10 child safe standards and introduces a reportable conduct scheme for organisations working with children to be implemented by the Queensland Family and Child Commission (QFCC). The child safe standards come into effect from 1 October 2025 through a staged approach, with all child safe organisations required to comply with the Child Safe Standards by 1 April 2026. The reportable conduct scheme starts on 1 July 2026 and will be introduced through a staged approach, with all reporting organisations required to comply by 1 July 2027. The Queensland Parliament also passed the Working with Children (Risk Management and Screening) and Other Legislation Amendment Bill this month to, among other things, simplify and enhance the blue card system, which is used to screen individuals working with children. These changes aim to: - streamline the blue card application process to make it more efficient
- enhance the criteria and processes to ensure only suitable individuals are granted blue cards, and
- implement stricter measures to better safeguard children from potential harm.
This bill also removes the requirement for kinship carers and their adult household members to hold a blue card before being approved to care for children who are kin. ATO shares tips for not-for-profit organisationsIn the September ‘Straight from the source’ blog, Australian Taxation Office (ATO) Assistant Commissioner Jennifer Moltisanti shares information which may be helpful to your organisation, including: - tips for charitable not-for-profits, not-for-profits that self-assess as income tax exempt, and taxable not-for-profits about income tax exemption reporting requirements
- tips for timely lodgement of the NFP self-review return, and
- tips to speed up processing of applications for charity tax concessions and deductible gift recipient endorsement.
We also have a free resource that we are continuously updating where you can find more information about the income tax exemption reporting requirements. Also see our DGR guide for information on deductible gift recipient status. Federal Court rules on PBI in Equality Australia appeal The Full Court of the Federal Court handed down its judgment on Equality Australia Ltd’s eligibility to be registered as a Public Benevolent Institution (PBI). The Court dismissed Equality Australia’s appeal regarding registration as a PBI. Read the Australian Charity and Not-for-profits Commission (ACNC) statement here. Read the judgement here. Closing Loopholes reformsAs part of the Closing Loopholes reforms, there have been changes to workplace laws that begun on 26 August 2024. They included: - changes to casual employment
- changes to independent contractor rules
- a new right to disconnect for employees (this doesn’t apply to small businesses until 26 August 2025), and
- new minimum standards and protections for ‘employee-like workers’ in the gig economy and certain industries.
Find out more about your organisation's obligations in our updated resources. ATO notifying the public of the data-matching program The Australian Taxation Office has shared new information about how they notify the public about their officeholder data-matching program. Read about the amendments to the program that took place 26 August 2024. Mandatory guardrails for safe and responsible AI: have your say The Australian Government is seeking feedback on mandatory guardrails to promote the safe and responsible adoption of artificial intelligence in Australia. Consultation closes on 4 October. ResourcesUpdated resourcesPrivacy laws Fundraising Managing insurance and risk Customised trainingWe deliver customised training sessions directly for your not-for-profit board, staff or volunteers – or for a group of not-for-profits. Our training sessions are in high demand and we’re booked out for the remainder of the year. We encourage you to think about your training program for the beginning of 2025, and get in touch with us to discuss how we can help. In the meantime, you can register for one of our upcoming webinars. Our 75-minute webinars providing training on common legal topics, and leave you equipped with practical legal tips and insights to implement in your organisation. |
