What's in the July 2021 update?
- We've launched a free DGR Tool – to help you make sense of tax laws
- Law and policy updates: proposed changes to Victorian occupational health and safety laws, welcomed reforms to NSW fundraising laws, new Child Safe Standards in Victoria and new ACT industrial manslaughter offence
- New and updated resources: updated resources reflecting governance requirements for Queensland incorporated associations
- Upcoming webinars: employment law for not-for-profits, and understanding your not-for-profit's constitution
- News from the sector: NSW incorporated associations survey, and a survey asking to what extent charities feel impacted by proposed changes to the ACNC's governance standards.
We've launched a free DGR Tool
Confused about tax laws and deductible gift recipient status? We can help.
We know how difficult it can be to work out whether your organisation is eligible for deductible gift recipient status (DGR) and what the relevant DGR category might be.
That's why we've launched our free tool – to help you make sense of the law.
Taking less than 20 minutes, our tool asks a series of questions – in simple, plain English – then generates a tailored, downloadable report that summarises the information given in the tool.
Law and policy updates
Victoria: Proposed changes to occupational health and safety laws
A proposed change to occupational health and safety laws may mean that not-for-profit organisations will be prohibited from using insurance or indemnity arrangements to avoid liability for penalties for offences under workplace health and safety law. Not-for-profits should check with their broker or insurance provider whether any of their existing insurance policies include these arrangements and confirm how the policy will change.
NSW: Welcomed reforms to fundraising laws
The NSW Government has delivered on the Council on Federal Financial Relations’s commitment to ease the regulatory burden on charities and #FixFundraising made in December 2020. Under the Charitable Fundraising Regulation 2021 (NSW), from 1 July 2021, organisations registered with the Australian Charities and Not-for-Profits Commission (ACNC) are automatically eligible to apply for and receive an authority to fundraise with NSW Fair Trading. If you’re a charity fundraising in NSW, you will still need to complete an application form, but the process is more streamlined.
Victoria: New Child Safe Standards
New Child Safe Standards (the Standards) will replace the current seven Standards from 1 July 2022. Even if your organisation is not legally required to comply with the Standards, if it interacts with children, the Commission recommends you use the Standards as a guide to ensure that you are taking all reasonable steps to protect children from risks to their health and safety. Not-for-profits should review the new standards to ensure they comply with them when they come into force.
ACT: New industrial manslaughter offence
The ACT Government introduced the Work Health and Safety Amendment Bill 2021 (the bill) to parliament last month. The bill will:
- amend the Work Health and Safety Act 2011 by establishing industrial manslaughter as an offence under this Act, and
- repeal industrial manslaughter from the Crimes Act 1900.
The bill broadens the industrial manslaughter offence in a number of ways (including the definition of who will be subject to the offence) and imposes financial penalties that are significantly higher than the existing penalties. Not-for-profits will need to remain aware of the wider application of this bill. We will monitor the progress of the bill and continue to update you on developments.
New and updated resources
Queensland: New governance requirements for incorporated associations
The Associations Incorporation and Other Legislation Amendment Act 2020 (QLD) introduced changes to the incorporated association regime. Some of the changes came into effect on 22 June 2020, while other changes have been delayed.
To keep up-to-date on when changes are coming into place, take a look at our recently updated self-help resources:
Updated resources
State tax laws
Background checks
Work health and safety
Fundraising
Webinars
Upcoming webinars
Our webinar program provides practical, easy to understand overviews on areas of law relevant to not-for-profits. These webinars are open to all to attend and do book out, so register today.
Breaking down employment law for not-for-profits
Thursday 22 July, 11am (AEST)
Workforces are the backbone of any organisation so protecting them as well as your organisation is essential.
In this in-depth, practical session, we will address a number of key legal employment issues so you can be confident that your organisation is doing the right thing by your workers.
Starting a Social
Enterprise
Tuesday 3 August, 12:45pm (AEST)
Are you thinking of setting up a social enterprise to tackle a social problem or wanting a refresher on the legal issues involved? No matter where you are in your social enterprise journey, it’s important to understand what’s involved from a legal standpoint. This webinar will help your social enterprise set solid foundations.
Understanding Your Not-for-profit's Constitution
Tuesday 24 August, 12:45pm (AEST)
The constitution (or rules) of a not-for-profit plays a vital role in a well-governed organisation. In this free webinar we’ll guide you through the importance of your governing document and your legal obligations relating to it, using cases and examples. We will also arm you with some practical tips to help you better understand your constitution.
Avoiding & Managing Disputes in Not-for-profit Organisations
On Demand
In this free webinar, you’ll learn how to avoid and manage conflicts and disputes, gain an understanding of relevant laws, and where to go if you need further assistance. We’ll be joined by David Leonard from the Dispute Settlement Centre of Victoria who will share valuable insights on mediation for not-for-profit organisations and more.
News from our sector
NSW: Incorporated associations survey
In response to the COVID-19 pandemic, the NSW Government made some temporary regulatory changes to allow incorporated associations to meet and vote using digital technology. The NSW Government is now considering whether these changes should be made permanently. To inform this decision, members of incorporated associations in NSW are invited to participate in a short survey.
How will the proposed changes to ACNC governance standards affect you?
Pro Bono Australia has launched a survey to ask charities what impact the proposed changes to governance standards will have on them.
In three weeks, the government tables new regulations which exposes charities to deregistration for engaging in certain kinds of summary offending related to trespass and vandalism (or for using their resources to promote that activity, or for failing to put processes in place to prevent that activity).
The proposed changes impose a new compliance burden on charities and is expected to discourage charities from promoting and having a presence at peaceful protests. Read more about why Justice Connect is advocating against these latest charity regulation changes.
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