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 October 2024 Update?

  • Update on Not-for-profit Law's funding in NSW
  • Safety, risk and insurance – five key takeaways
  • Law and policy updates: Latest changes to fixed term contract exceptions for charity and not‑for‑profit sector employees, police checks and not-profit-organisations, ATO self-help service available for not-for-profits, inquiry into Not-for-profit Entities Tax Assessments, and a revised Commissioner’s Interpretation Statement
  • Resources:  
    • New resource: Introduction to risk and insurance 
    • Updated resources: Work health and safety, managing people, campaigns and protests, changing your structure, and fundraising 
  • Upcoming webinars: 
    • Screening Checks for New Recruits and Old Hands, 19 November, 12:45 - 2pm (AEDT) 
    • Privacy: What NFPs Need to Know about Protecting Personal Information, 26 November, 12:45 - 2pm (AEDT) 
    • How to Draft an MOU, 3 December, 12:45 - 2pm (AEDT) 
  • News in our sector: Launch of Hanging out to help out campaign, and notice of revoked charity registration

Update on Not-for-profit Law's funding in NSW

Last year we told you that, since the NSW Government had stopped funding our work, we had no choice but to cut off our NSW advice services completely and remove our tailored legal information 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, amidst growing demand for their services and significant pressure on finances due to cost of living increases.

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. Each month in our Monthly Update email, we’ll let you know which resources we’ve put back on our website.

However, this support is time limited, and it’s not enough to reopen our advice service in NSW. Only adequate funding from the NSW Government will allow us to fully restart all our legal supports. 

We need your help to ensure a sustainable community sector in NSW, where frontline organisations can access all of our free legal supports to help them deliver services to the growing number of people in need.

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

Read more

Safety, risk and insurance – five key takeaways

Focusing on safety will help your not-for-profit organisation protect its staff (including volunteers) and the people it serves, comply with its legal obligations, and attract and retain funding, volunteers, staff and members. We’ve summarised five things you should know about safety, risk and insurance for your not-for-profit organisation. 

Read more

Law and policy updates 

Latest changes to fixed term contract exceptions for charity and not‑for‑profit sector employees

Under the Fair Work Amendment (Fixed Term Contractsβ€”Exceptions Measures) Regulations 2024, further exceptions to the new restrictions that apply to fixed term contracts have been added.

These exceptions apply to fixed term contracts made on or after 1 November 2024 and before 1 November 2025 for certain charity and not‑for‑profit sector employees, medical or health research sector employees, and public hospital employees.

Under the exception for charity and not‑for‑profit sector employees, a charity (registered with the ACNC) can align an employment contract with the funding period under a funding contract if the funding contract is for less than five years and the staff member has not been employed by the charity for seven years. There are carve outs for government programs that fund individuals (as opposed to organisations) and the Commonwealth Home Support Programme.

The Fair Work Ombudsman will publish an updated Fixed Term Contract Information Statement to assist employers and employees to understand their rights and entitlements soon. Also see the Fair Work Ombudsman’s webpage Additional Exceptions for more information once it has been updated.

We are updating our fact sheet on fixed term contracts to reflect these changes.

Read more

Police checks and not-profit-organisations 

A recent Victorian case is a reminder to carefully consider how and when you use police checks. Screening staff and volunteers is an important measure to manage risk in your not-for-profit – but this must be weighed against your legal obligations not to discriminate. To find out more, read our summary of the case and consider learnings for your organisation. 

You can also register for our upcoming webinar on Screening checks for new recruits and old hands.

Read more

ATO self-help service available for not-for-profits 

Non-charitable not-for-profit organisations may submit their NFP self-review return by phone, using the Australian Taxation Office’s (ATO) self-help service. You can lodge your self-review return using their self-help phone service on 13 72 26. This service is available to lodge your return for the 2023-24 transitional year. Find out more.  

We also have a free resource that we are continuously updating where you can find more information about the income tax exemption reporting requirements.

Read more

Inquiry into not-for-profit entities tax assessments

There is currently an inquiry into the ATO's requirement for non-charitable not-for-profits to lodge a self-review return. The inquiry follows a motion raised by Opposition Charities spokesperson Dean Smith which called for a public hearing. 

Read more

Withholding or Removing Commercially Sensitive Information from the ACNC Charity Register

The Australian Charities and Not-for-profits Commission (ACNC) has published the revised Commissioner’s Interpretation Statement: Withholding or Removing Commercially Sensitive Information from the ACNC Charity Register.

This statement explains the ACNC’s approach to withholding or removing information from the Register where the information is commercially sensitive and has the potential to cause detriment to a charity, a former charity or an individual. The revised statement applies from 29 October 2024.

Read more

Resources

Managing risk and insurance 

We've launched a new fact sheet Introduction to risk and insurance to complement our Guide to risk management and insurance. It considers: 

  • the risks of running a community organisation 
  • measures to avoid or minimise risk 
  • what is insurance? 
  • is your organisation required to get insurance? 
  • which insurance is right for your organisation? 
  • what if things change or go wrong

Updated resources

Work health and safety 

  • National guide to work health and safety laws 

Managing people  

  • Employee, contractor or volunteer?
  • Engaging and working with youth volunteers  

Campaigns and protests  

  • Campaigns and protest laws  

Changing your structure  

  • Changing structure from an IA 

Fundraising  

  • Fundraising guide (QLD) 

Upcoming webinars

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 confident that your organisation is protecting itself, its staff, volunteers, clients, and the public? There have been recent changes to the law that may affect your organisation's screening processes, and we can help you get up-to-date.

This session can help you: 

  • Understand the key screening checks for not-for-profits (focusing on Working with Children Checks, Police Checks, and the NDIS Worker Screening Check, with an overview of other relevant checks) 
  • Set up a screening process 
  • Create a framework to decide which checks are mandatory and which are discretionary for your potential workers 
  • Know the top tips on how to apply for these checks 
  • Prepare for issues you may need to consider (including record-keeping, privacy, and discrimination) 
Register now

Privacy: What NFP's Need to Know about Protecting Personal Information 

πŸ“… Tuesday, 26 November
πŸ•’ 12:45 - 2pm (AEDT)
πŸ’» Online via Zoom
➑️ Register now

With the next round of privacy reforms now before parliament, we want to give you an update.

In this webinar, our lawyers will let you know what to expect from these reforms, and clarify what your current legal obligations are for the personal information of clients, members, volunteers and others.

This session can help you: 

  • Understand latest on the privacy reforms 
  • Know what privacy laws might apply to your organisation 
  • Put systems to put in place to manage personal information 
  • Follow the key requirements for collection, use/disclosure and storage of personal information 
  • Understand the rights of individuals to access and correct data you hold about them 
  • Know how to respond to a data breach 
Register now

How to Draft a MOU

πŸ“… Tuesday, 3 December
πŸ•’ 12:45 - 2pm (AEDT)
πŸ’» Online via Zoom
➑️ Register now

Not-for-profits often work together – it’s a strength of our sector.

Having a memorandum of understanding (MOU) is a great way of establishing the framework for your collaboration and expressing common goals or a shared vision.

A well-drafted MOU can reduce the risk of misunderstandings and mistakes, help get everyone on the same page and give you confidence in your collaboration. 

This session can help you: 

  • Understand what an MOU is 
  • Consider when to use an MOU, and when not to 
  • Know if an MOU is legally binding 
  • Prepare a MOU - confident in what it should cover and key common clauses 
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)

News in our sector

Launch of Hanging out to help out campaign 

The Minister for Social Services has launched a campaign, Hanging out to help out, that seeks to raise awareness of volunteering opportunities for young people. The campaign aims to shine a light on the diversity of volunteering opportunities available to young people. The campaign will meet young people across Australia where they are, with a focus on digital communications across social media.

The campaign supports the objectives of the National Strategy for Volunteering to reshape the public perception of volunteering and recognise the inherent value of volunteering.

If your organisation is engaging and working with youth volunteers, take a look at our free resource that outlines an organisation's legal obligations.

Notice of revoked charity registration 

The ACNC has revoked the charity status of 60 organisations for failing to lodge overdue Annual Information Statements by the deadline. The ACNC has published the full list of the deregistered charities. 


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