What's in the May 2022 update?
- National Volunteer Week
- Law and policy updates: Do you understand your fringe benefits tax (FBT) obligations?
- Submission: DGR Category for pastoral care services
- Governance Health Checks
- Updated resources: Guide to running an incorporated association in Victoria
- Upcoming webinars: Member Disputes and Conflict, Bringing Volunteers Back Safely, Privacy and Data Laws, and Screening Checks
- Training: Managing Volunteers and the Law, and Volunteer Safety, Risk and Insurance
- News from our sector: Election campaigning and advocacy from the ACNC commissioner, what to do if you receive a review letter from the ACNC, and Victorian social services regulation reform information session
National Volunteer Week
Join us as we celebrate National Volunteer Week and recognise volunteers for the vital role they play in our communities.
Volunteers make incredible contributions every day. That’s why it’s important to understand your legal obligations to volunteers so you can provide them with a safe and supportive volunteer environment.
We have a library of resources to help you understand your organisation’s legal obligations.
Recruiting volunteers
- Complete our e-learning module which covers the legal obligations involved in the process of recruiting volunteers.
Managing volunteers through COVID-19
- View our resources to assist you to answer key questions about working from home, liability, and returning to the workplace.
- Join our upcoming webinar Bringing Volunteers Back Safely, where we’ll outline emerging legal issues around volunteer safety and risk.
Engaging volunteers
- Watch our webinar explaining how to draft a great volunteer agreement.
- Download our National Volunteer Guide which provides an overview of the key legal obligations you will encounter with helpful practical examples and templates to assist you.
- Complete our Working with Volunteers self-help tool. After answering a series of questions, you’ll be provided with a report containing an overview of the legal issues and recommendations.
- Download our Youth Volunteer fact sheet which covers everything you need to know when engaging volunteers under 18 years old.
Law and policy updates
Do you understand your fringe benefits tax (FBT) obligations?
It’s 2022 FBT tax time. The ATO has published information to help not-for-profit employers who provided benefits to their employees during the 2022 FBT year to understand their FBT obligations. In particular, FBT obligations may apply to not-for-profit employers who provided employees with benefits they do not usually provide because of COVID-19. The ATO has information on these COVID-related circumstances, including the purchase of COVID-19 tests bought by employees for work purposes. Find out more in our resources on fringe benefit concessions.
Submissions
DGR category for pastoral care services
The Federal Government has announced that it will create a new deductible gift recipient (DGR) category for funds that support pastoral care services to students in schools. The new category will allow people to donate to a pastoral care fund and ‘deduct’ the donation for their own income tax purposes. Justice Connect’s submission argues that ongoing attempts to create new DGR categories only deepen the incoherence, complexity, and ad hoc nature of the DGR framework. For over 10 years, Not-for-Profit Law has argued that the DGR framework should be simplified.
Governance Health Checks
We’re offering not-for-profit organisations and Aboriginal Community Controlled Organisations delivering services in NSW a free Governance Health Check. Our lawyers will provide you with an assessment of your organisation’s governance and legal obligations. Plus, we'll share tips on how to tidy up any areas that need some improvement.
What previous participants think:
- Average rating of the Governance Health Check program is 4.8 out of 5
- 96% would recommend it to a friend or colleague
Places are limited so you’ll need to get in fast!
Updated resources
Running an incorporated association in Victoria
Our 'Secretary's satchel' has been renamed and updated ‘Guide to running an incorporated association in Victoria.’ The updated guide offers a comprehensive review of the secretary’s role in running an incorporated association and includes tool kits, precedents and examples. We have broken the guide up into sections covering:
- Appointing and removing a secretary
- Secretary’s legal role, powers and duties
- Registers, records and official documents
- AGMs, SGMs and committee meetings
- Reporting to Consumer Affairs Victoria
- Glossary of terms and further tools
Upcoming webinars
Member Disputes and Conflict on the Committee
Tuesday 24 May, 12.45 - 2pm (AEST)
Disputes and conflict can cause unnecessary disruption in your organisation. In this free webinar, you’ll learn how to avoid and manage member conflicts and disputes, gain an understanding of relevant laws, and where to go if you need further assistance.
Bringing Volunteers Back Safely
Tuesday 31 May, 12.45 - 2pm (AEST)
Whether you’ve continued to engage volunteers remotely or you’re starting to make a plan for re-engaging your volunteer workforce, this webinar is for you. We’ll guide you through emerging legal issues in volunteer management and what you need to do to safely re-engage your volunteers.
Privacy and Data Laws
Tuesday 14 June, 12.45 - 2pm (AEST)
To help you navigate your organisation’s legal obligations, we’ll walk you through the personal information lifecycle: from collection, through to use and disclosure, storage, complaints and the data breach notification laws.
Screening Checks
Tuesday 21 June, 12.45 - 2pm (AEST)
Screening checks are essential to protect all those involved with your service. This low-cost webinar will walk you through the basics of how to set up a screening process, what types of checks you need and updates to the law around screening.
Training
Now more than ever, organisations need to understand their legal obligations and have sound risk management processes in place to ensure volunteers are supported and safe. Our practical, interactive and plain language legal training helps make sense of the laws that apply to volunteers, provides opportunity for discussion and scenario-based activities, and includes top tips and useful resources. Take a look at two of our most popular training sessions for volunteer-involving organisations: Managing Volunteers and the Law and Volunteer Safety, Risk and Insurance.
Here’s what past training participants have to say:
- ‘Clearly presented, great practical activities, excellent information, up to date content, relevant legal cases to illustrate the law.’
- ‘I feel empowered to take on a lead role in our organisation with regard to workplace safety and our volunteers.’
Contact us today to learn more about our tailored training sessions.
News from our sector
Election campaigning and advocacy from the ACNC commissioner
The commissioner of the ACNC has provided an outline of the permissible campaigning and advocacy activities of charities in relation to the upcoming Federal election. The column gives a perspective on ACNC compliance, but further looks at the broad implications of election campaigning for NFPs and offers tips for determining an advocacy approach to these elections. Read more.
What to do if you receive a review letter from the ACNC
The ACNC is reviewing charities with deductible gift recipient status, focusing on those in the ‘Public Benevolent Institution’ (PBI) category. They are doing this to make sure charities with PBI tax concessions are still entitled to these benefits. (If you are unsure what your category is you can check on the Australian Business Register’s website).
The ACNC is starting with PBIs that were registered before 3 December 2012 and are not Indigenous Corporations regulated by the Office of the Registrar of Indigenous Corporations (ORIC). If the ACNC reviews your charity, you may receive a letter requesting information on your organisation. If you receive a letter from the ACNC:
- Don’t panic! It doesn’t mean you have done anything wrong.
- Ask for an extension of time, if necessary.
- Contact us for advice (or your lawyer if you have one) before you respond to the ACNC.
Even if your PBI isn’t reviewed, it’s a good idea to do your own assessment to make sure your organisation is still eligible for this tax concession. We have plain language resources to help you understand your DGR status requirements and our on-demand webinar ‘Understanding Deductible Gift Recipient Status’ takes you through retaining your status.
Victorian social services regulation reform information session
The Victorian Government is developing a new regulatory framework to help keep people who use Victoria’s social services safe from avoidable harms such as abuse and neglect. An information session will be held online on Wednesday 25 May 2022 from 2pm to 4pm. To register your interest in either session, please email regulationreform@dffh.vic.gov.au. Find out more.
|