View the latest law and policy updates, resources, webinars, training and news from our sector
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Not-for-profit News

What’s in the September 2024 Update?

  • Law and policy updates: First tranche of privacy law changes introduced to Parliament, new laws to boost protection for children in Queensland, ATO shares tips for not-for-profits, Federal Court rules on PBI in Equality Australia appeal, Closing Loopholes reforms, ATO notifying the public of the data-matching program, and mandatory guardrails for safe and responsible AI 

  • Resources:  

    • Updated resources: Privacy laws, fundraising, managing insurance and risk 

  • Customised training   

  • Upcoming webinars: 

    • Understanding your Not-for-profit's Constitution, 8 October, 12:45 - 2pm (AEDT)

    • How to Manage and Maximise an Auspicing Arrangement, 29 October, 12:45 - 2pm (AEDT)

    • Screening Checks for New Recruits and Old Hands, 19 November, 12:45 - 2pm (AEDT) 

  • Survey: Tell us what you think about webinars

Law and policy updates

First tranche of privacy law changes introduced to Parliament

The 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 β€˜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.  

Read more

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 organisations

In the September β€˜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.

Read more

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 reforms

As 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 β€˜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. 

Resources

Updated resources

Privacy laws 

  • Privacy guide
  • Artificial intelligence and your organisation fact sheet
  • Cyber security fact sheet

Fundraising 

  • Fundraising guide (Vic)

Managing insurance and risk 

  • Negligence fact sheet
  • Injuries, accidents and incidents checklist

Customised training

We 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.

Upcoming webinars

Understanding your Not-for-profit's Constitution

πŸ“… Tuesday, 8 October
πŸ•’ 12:45 - 2pm (AEDT)
πŸ’» Online via Zoom
➑️ Register now

In this webinar, we’ll step you through the key parts to a not-for-profit's governing document. Using examples and cases, we will give you the knowledge and confidence to understand and apply your constitution.

We will discuss why the governing document is so important, and how using it can ensure members have confidence that your not-for-profit is not only compliant, but effective and well-run. 

After attending our webinar, you'll be better placed to understand: 

  • What is the legal status of the constitution? 
  • What are the key topics addressed in a not-for-profit's constitution? 
  • Practical tips for understanding and changing your constitution 
Register now

How to Manage and Maximise an Auspicing Arrangement 

πŸ“… Tuesday, 29 October
πŸ•’ 12:45 - 2pm (AEDT)
πŸ’» Online via Zoom
➑️ Register now

Auspicing can be a great way for community groups to trial a new project or program, hold a one-off event, or access funding or insurance. But it's important to understand the legal implications and the responsibilities of all the parties.β€―

We'll spell these out for you, and give you guidance about what you might include in your auspicing agreement. 

After attending our webinar, you'll be better placed to understand: 

  • How auspicing works 
  • When should you consider it and when should you not? 
  • Pros and cons for the auspicor and auspicee 
  • What to think about before entering into an auspicing agreement 
  • What to include in your auspicing agreement 
  • What to do if things go wrong 
Register now

Screening Checks for New Recruits and Old Hands 

πŸ“… Tuesday, 19 November
πŸ•’ 12:45 - 2pm (AEDT)
πŸ’» Online via Zoom
➑️ Register now

Are you involved in the recruitment of staff and volunteers in your community organisation? Is your screening process effective and legally compliant? Do you need a refresher on Working with Children Checks and Police Checks?β€―

Screening checks are essential to protect all those involved with your organisation: staff, volunteers, clients and members of the public. In this webinar, a lawyer will walk you through the basics of how to set up a screening process and what types of checks you need to consider, as well as updates to the law around screening.

After attending our webinar, you'll be better placed to understand: 

  • Key screening checks for NFPs (focusing on Working with Children Checks, Police Checks, and the NDIS Worker Screening Check, with an overview of other relevant checks) 
  • Which checks are mandatory, which are discretionary, and how do we decide? 
  • Common issues and top tips on how to apply for these checks 
  • Other issues to consider, including record-keeping, privacy, and discrimination 
Register now

Webinars on demand 

Take a look at our webinars that are now available to download and watch at a time that is convenient for you: 

  • Top Tips for Applying for Charity Registration with the ACNC (free) 
  • Understanding Recent Tax Reforms with the ATO (free)

Tell us what you think about webinars 

We run webinars covering common legal problems, that equip you with practical legal tips and insights to implement in your organisation.

We're exploring changes to our webinars and would love to hear from you about the topics, times, and formats that suit you best – especially if you've never attended one of our webinars before. 

Take the survey now.

To thank you for your time, completed entries can go in the draw to win 3 free webinar passes (worth up to $255). 

Take the survey

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