Not-for-profit Bulletin

We have previously reported on Equality Australia Ltd’s case before the Administrative Appeals Tribunal (AAT) regarding its application for public benevolent institution status (PBI), which was turned down in a split decision. Equality Australia Ltd appealed the decision to the Full Federal Court and has been turned down again. Recap Australians for Equality Ltd was … Public benevolent institutions – “Kneebone gotta be sufficiently connected to the footbone”

The final new provisions of the Associations Incorporation Act fall into place for all associations from 1 July 2024. These new requirements are: following the grievance procedures in the Model Rules or inserting a compliant grievance procedure into your own set of rules and Remuneration disclosure and other benefits at the annual general meeting (AGM), … The new financial year begins changes for all incorporated associations

Organisations engaging volunteers need to be mindful that the Fair Work Act 2009 (Cth) (FWA) has some application to their volunteer workforce. This was highlighted in a recent Fair Work Commission decision in the matter of Anthony Walsh [2024] FWC 1514 (Walsh). The Walsh decision Mr Walsh was a volunteer for an incorporated association. The … Does the Fair Work Commission have jurisdiction over your volunteers?

Background Queensland’s existing Trusts Act 1973 is more than half a century old and has not been comprehensively amended since its introduction. A 200-page Bill to replace it is currently before Parliament. The Trusts Bill was developed based on the recommendations of the Queensland Law Reform Commission, which conducted a broad-ranging review of the Trusts … Trust Bill reforms charitable trusts

Turnaround Management Association Australia Limited (TMA) is an industry body representing people working in the restructuring and turnaround field in Australia. It holds a national conference, provides education and makes submissions on law and policy related to restructuring and turnaround. The Network of Women program (NOW) conducted by TMA was intended to foster female leadership … Waiver for scholarships for women by professional association

Background A civil penalty hearing concerning the breach of various National Disability Insurance Service (NDIS) standards arising from the death of an NDIS recipient is probably the largest in Australian history. It serves as a timely warning for providers to ensure their systems and processes are current and tested to be fully fit for purpose. … The NDIS Provider Community on Notice After $1.8 Million Civil Penalty

Background The Baxter Homes Trust (Trust), was a charitable trust established in Victoria by a deed executed in 1960. Its purpose was to provide aged inhabitants of Geelong Victoria or its neighbourhood with housing as administered by The Geelong and Western District Ladies Benevolent Association’ incorporated under the Hospitals and Charities Act 1890. The Trust … A housing trust’s modernisation requires Court approval

We have previously written in bulletins about the forthcoming self-assessment tax review for non-profit profit organisations which have an Australian Business Number (ABN) but are not registered as charities with the ACNC – Be alert to being alarmed on viewing your club or society annual report this year and self-assessment by tax-exempt. The background is … Draft Regulations for NPO Self-Review Assessment Return Released

Background A recent case in the Queensland Civil and Administrative Tribunal is an example of the ability of non-profit organisations to seek an exemption for periods of up to five years from specific provisions of the Anti-Discrimination Act 1991 (Qld) (Act). The Queensland Civil and Administrative Tribunal (QCAT) may grant a temporary exemption, under section … Managing the risks of discrimination breaches for community service organisations

Black Head Bowling Club Ltd v Harrower[1] On the grounds of the Black Head Bowling Club Ltd (Club) in New South Wales was an ANZAC monument weighing about 400 kg erected in 1997. A Club committee lodged a development application with the Greater Taree City Council (Council) to erect the monument, which was approved with … A false saving