What's in the December 2021 update?
- Law reform: fundraising reform has been named a key priority by Federal Government; plans to improve national consistency of Working with Children Checks; and Senate backs charities in disallowing proposed ACNC changes.
- Help us reduce the COVID-19 aftershock: we need your support to continue offering vital legal services to organisations that are keeping all of our communities safe, fed and housed.
- Law and policy updates: a new bill proposes to change liability for defamation on social media; political campaigners bill passes Upper House; and NSW Government introduces bill to amend Workers Compensation Act.
- Updated resources: discrimination laws, election funding and financial disclosure obligations, and COVID-19 resources.
- Webinars and training: Governance and risk management for board members.
- News from our sector: Heartbeat of Rural Australia report released; Victorian Government offers Australia’s first event insurance scheme; and how to comply with amended reporting regulations.
Law reform
Federal, State and Territory Governments jointly commit to #FixFundraising
In a welcome win for our campaign to #FixFundraising, fundraising reform has been named one of the Federal Government’s key priorities to reduce the burden of overlapping regulations. We’ve long advocated for the need to fix fundraising by repealing fragmented fundraising laws and implementing a nationally consistent model. Our coalition has developed 14 Australian Fundraising Principles to help ensure ethical fundraising practice and achieve national consistency that will benefit charities. We will keep working until there is a practical and modern scheme.
National Cabinet announced plans to improve national consistency of Working with Children Checks
As part of the recently released National Workplan to reduce the burden of overlapping regulations, in consultation with States and Territories, the Federal Government will develop an options paper for national reform to enhance child safety and reduce regulatory barriers around Working with Children Checks. In many forums over many years, we have been calling for reforms to the Working with Children Check Scheme. We know that many of the not-for-profit organisations we work with have limited resources and rely heavily on volunteers to provide crucial services and support to children. That’s why we welcome the announcement and will continue to work towards a system that enables these checks to be consistent and updated.
Submission to the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021
We have made a submission to the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021 that focuses on the impact of the introduction of the bill and code for small to medium sized not-for-profit organisations. We outline that there are some unintended consequences and propose three recommendations to the bill.
Senate backs charities in disallowing proposed ACNC changes
On 25 November, the Senate voted to disallow the Australian Charities and Not-for-profits Commission (ACNC) regulations amending Governance Standard 3. Joining the Hands Off Our Charities alliance, we have been advocating against the charity regulation change that would have made it confusing and complex for charities and community organisations to comply with the law. This win ensures the long tradition of charitable advocacy continues in our democracy.
We have a chance to reduce the COVID-19 aftershock
Every year, we provide free legal help to thousands of not-for-profit organisations. But our resources have been stretched thin while we respond to compounding crises. Financial supports are dwindling, and unresolved legal problems are continuing to swell into a COVID-19 aftershock. Now more than ever, we need your support to continue offering vital legal services to organisations that are keeping all of our communities safe, fed and housed.
Together we can ensure organisation's legal problems don’t escalate.
Law and policy updates
Political campaigners bill passes Upper House
The Federal Government’s Electoral Legislation Amendment (Political Campaigners) Bill 2021 has passed the Upper House. The bill lowers the expenditure threshold for entities such as charities to disclose political spending from $500,000 to $250,000. If your not-for-profit organisation spends more than $250,000 on election campaigns, your organisation will need to register as a political campaigner. In addition, this change will have a retrospective effect so that charities will be required to make a disclosure about past activities. To find out more, take a look at our recently updated online resources on electoral expenditure obligations.
New bill proposes to change liability for defamation on social media
The Federal Government has released the Exposure Draft of the Social Media (Anti-Trolling) Bill 2021 to address the harm caused by defamatory comments on social media. If passed, the bill will effectively overturn the High Court decision in the Voller case that ruled organisations were responsible for defamatory third-party comments on their social media pages and posts.
NSW Government introduces bill to amend Workers Compensation Act
In November 2021, the NSW Government introduced a Bill to repeal a presumption in the Workers Compensation Act 1987. In May 2020, the Government introduced the presumption that if certain categories of workers contracted COVID-19 at work, then the virus was presumed to have been contracted in the course of their work. The presumption allows workers to file for workers compensation. The bill to repeal this presumption was referred to a parliamentary committee for review, but an amended version of the bill has recently passed the Lower House of the NSW parliament.
Updated resources
Our most popular resources of 2021
This year, we responded to a growing demand for online legal information by rolling out a number of new resources and continuously updating our existing resource hub, which includes more than 350 fact sheets and guides. Additionally, we launched two new self-help tools, the DGR Tool and the NSW Constitution Tool, which ask a series of questions – in simple, plain English – and produce a tailored, downloadable report or constitution.
Here are our top four resources that not-for-profit organisations found the most useful this year:
Recently updated resources
Discrimination laws
Election funding and financial disclosure obligations
COVID-19
Webinars and training
Upcoming webinars
Thank you to everyone who attended a webinar during 2021. Keep an eye out as we’ll be announcing the 2022 webinar program early next year.
Tailored training sessions: protect your organisation in 2022
Are your board members looking to better understand the key legal risks that affect your organisation? Perhaps you’ve completed our Governing a Not-for-profit Organisation training and are looking for a refresher on the latest issues affecting boards? Book into our new Governance and Risk Management for Board Members session and our lawyers will guide you through a range of issues for the board agenda, such as health and safety, compliance and risk management. We’ll also cover topical issues including remote working, dealing with sexual harassment, and whistleblower protections. Contact us to chat with our team about the training session.
News from our sector
Heartbeat of Rural Australia Study: how are community groups and not-for-profits faring?
The Foundation for Rural Regional Renewal has released the Heartbeat of Rural Australia Study. The report looks at the impact of natural disasters and COVID-19 on community groups in rural, regional, and remote areas.
Victorian Government to offer Australia’s first event insurance scheme
The Victorian Government is introducing a COVID-19 event insurance product in December 2021. The scheme will provide cover for events that are cancelled or held at reduced capacity due to government imposed COVID-19 restrictions. Eligible events include creative, sporting, business, and community events held in Victoria that have an estimated revenue or cost ranging from $20,000 to $10 million.
Compliance with amended reporting regulations
The Australian Charities and Not-for-profits Commission is urging charity leaders and their accountants to ensure they have systems in place to comply with amended reporting regulations that come into effect from the 2022 Annual Information Statement (AIS) reporting period, and later. The ACNC have a summary of recent changes to charity threshold and reporting obligations.
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