What's in the September 2022 update?

  • Changes to eligibility requirements for NSW organisations 
  • Law and policy updates: Fair Work Commission decision favours Deliveroo over delivery worker, expansion of entitlement to family and domestic violence leave, and Victoria’s social services regulatory scheme delayed 
  • Updated resources: Communication and advertising, managing people, disputes with members, documents, records and requests for access, and Local Aboriginal Land Councils (LALC)
  • Guide to sharing our resources 
  • Video on our Deductible Gift Recipient Tool on the X-Change video library 
  • Upcoming webinars:  
    • Mastering Meetings – Tuesday 20 September, 12.45 - 2PM (AEST) 
    • Drafting a Great MOU – Tuesday 4 October, 12.45 - 2PM (AEDT) 
    • Understanding Your Constitution – Thursday 20 September, 12.45 - 2PM (AEDT) 
    • Social Media and the Law – Tuesday 22 November, 12.45 - 2PM (AEDT) 
  • Training: Interactive training sessions for not-for-profit organisations 
  • News from our sector: Deadline for non-governmental DGRs to register as charities, travel subsidies to the NSW Council of Social Service 2022 conference, and Australian Community Sector Survey

Changes to eligibility criteria for NSW organisations 

Are you from an organisation based in NSW? NSW Government funding supporting our work with NSW community organisations will cease shortly, and this will impact our service delivery.

While we are dedicated to helping as many community organisations as we can, our ability to support NSW organisations with legal advice will be significantly reduced, and we will not be able to assist with urgent matters. You can still access our library of 300+ free self-help resources for community organisations, available at nfplaw.org.au/free-resources

Our Local Aboriginal Land Council service will remain unaffected, so if you’re from one of the 120 LALCs across NSW, please continue to apply for our targeted, practical, and culturally appropriate free legal help. 

Law and policy updates

Fair Work Commission decision favours Deliveroo over delivery worker 

The recent Fair Work Commission decision in Deliveroo Australia Pty Ltd v Franco, Diego [2022] FWCFB 156 highlights the importance of clearly identifying the type of working relationship between an organisation and a worker in a written agreement. Not-for-profit organisations should consider how they distinguish between an employee, independent contractor, and volunteer, and why the distinction is important. 

Expansion of entitlement to family and domestic violence leave 

The House of Representatives recently passed the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022, which proposes to amend the Fair Work Act 2009 (Cth) to include 10 days' paid family and domestic violence leave for full-time, part-time, and casual employees in each 12-month period. The current entitlement under the National Employment Standards is five days unpaid family and domestic violence leave in each 12-month period. 

The bill also proposes to extend the definition of family and domestic violence to include violent, threatening, or abusive behaviour by a current or former intimate partner of an employee, or a member of an employee’s household. 

The bill is expected to become law when the Senate passes it later this year. The new paid entitlement is proposed to take effect from 1 February 2023 for non-small business employers, and from 1 August 2023 for small business employers. 

Read our resources on employee entitlements and protections for more information. 

Victoria’s social services regulatory scheme delayed  

The Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Bill 2022 was passed through Parliament on 6 September 2022, delaying the commencement of the social services regulatory scheme. All social services will now come under the new regulatory scheme on 1 July 2024. 

Updated resources

Communications and advertising

Managing people 

Disputes with members 

Documents, records, and requests for access 

Local Aboriginal Land Councils (LALCs) 


Guide to sharing our online resources

When you are sharing our resources we ask that you follow a few simple guidelines to make sure you are sharing the most recent and legally accurate version of our resources. To make this easier for you, we’ve published a short guide to sharing our resources.

Video on our Deductible Gift Recipient (DGR) Tool on the X-Change video library  

The X-Change Video Library, an initiative of The Xfactor Collective, has launched a series of short videos covering a range of topics designed for charities and not-for-profits during times of change, challenge, and transformation. 

Earlier this month, 10 new videos on Legal and Accounting Support were released, including one by our team on Deductible Gift Recipient (DGR) status. In our video we show organisations how to use our DGR Tool – a free, online tool that asks some simple questions to help work out your organisation’s eligibility for DGR status and the relevant DGR category. 

Upcoming webinars

Mastering Meetings  

Tuesday 20 September, 12.45 - 2PM (AEST) 

In this interactive webinar, our lawyers will take you through the why, what, when and how of meetings, and walk you through the key legal obligations that your not-for-profit organisation may need to consider.

Drafting a Great MOU  

Tuesday 4 October, 12.45 - 2PM (AEDT)

A Memorandum of Understanding (MOU) sets you up for successful collaborations. This practical webinar will guide you through how an MOU should be used and help you put together an effective MOU for your organisation. 

Understanding Your Constitution 

Thursday 20 October, 12:45 – 2PM (AEDT) 

The constitution of a not-for-profit is a vital part of a well-governed organisation with specific legal conditions. We’ll take you through case studies to illustrate key topics and ensure you understand your organisation’s constitution.  

Social Media and the Law   

Tuesday 22 November, 12.45 - 2PM (AEDT) 

Social media offers a number of benefits to organisations, but if poorly managed, can impact negatively on the organisation and its people. Join our webinar to learn the key legal risks involved in using social media and how to manage them. 


Not-for-profit Law Training – get in quick!  

The end of the year is fast approaching and our training calendar is quickly filling up! Whether it’s a governance refresher for your board, an overview ofβ€―privacy law obligations for your staff, or upskilling your volunteer managers on volunteer safety, risk, and insurance – we’ve got you covered!β€― 

  1. Browse our range of training sessions. All of our interactive training sessions are aimed at not-for-profit organisations.β€― 
  2. Contact usβ€―and speak to our friendly team. We’ll work with you to tailor our sessions to suit your organisation’s specific needs.β€― 
  3. Ourβ€―experienced lawyersβ€―will run the training session with your organisation. It will be delivered in plain English in a clear and interactive format.β€― 

If you’ve participated in our training before, enjoyed the experience,β€―and know others who might be interested in building capacity within their organisations, we’d love your help to spread the word! β€― 

News from our sector

Deadline for non-governmental DGRs to register as charities

If your deductible gift recipient (DGR) endorsed organisation is a non-governmental organisation, it must register as a charity before 14 December 2022

If your organisation needs more time, and is eligible, it can apply to the ATO for a three-year extension of time. For information about applying for an extension of time, go to the ATO website

To find out more about applying for DGR status, see our free resources on DGR status.  

Travel subsidies to the NSW Council of Social Service (NCOSS) 2022 conference

The NCOSS β€˜Vision, Voice, Value’ 2022 conference is happening in Sydney on Monday & Tuesday, 17 - 18 October. NCOSS are offering a limited number of subsidies to people located outside of Sydney in order to cover return travel and up to two nights' accommodation. Contact SSTF@ncoss.org.au for further information and to obtain a travel subsidy application form. 

If you can’t be in Sydney but still wish to attend the conference, NCOSS is supporting 'watch parties' across the country. Find out more.  

Australian Community Sector Survey 

All paid staff in community sector organisations in Australia are invited to participate in the Australian Council of Social Service’s (ACOSS) 2022 Community Sector Survey. The survey collects important information on how the social sector is faring in order to advocate for positive changes across the sector. The survey takes 10 - 15 minutes and closes Friday 23 September. Take the survey.