June Seminar - Handling internal disputes within your community organisations

Healthy debate is good for your organisation, but if internal conflict and disputes are stopping your organisation achieving its goals, it's time to take action.

This seminar will cover strategies for handling disputes and conflict involving members of community organisations effectively AND legally. Topics covered will include:

• dispute resolution/grievance procedures under your Rules or Constitution
• special laws about dispute resolution for community groups, and
• other pathways for dispute resolution.

Details of the seminar are as follows:

Date: Wednesday 12 June 2024
Time: 9.30 - 12.30 (registrations open 09:15am)
Venue: Maddocks, Level 6/140 William Street Melbourne

To register for this seminar, please visit our website:

July Seminar - Managing employee conflict in the not-for-profit workplace

Like any type of organisation, not-for-profits are not immune from the possibility of workplace conflict and misconduct. Your people are your greatest asset - but also a source of risk - so it's vital that your organisation understands its responsibilities and its rights in this important area.

This practical seminar will take a risk management perspective. What are the warning signs of workplace conflict and misconduct, and how can these be managed before they become a big problem? What policies and procedures should your organisation have in place? What other proactive steps can you implement to minimise the risk that problems will escalate? If conflict or potential misconduct does occur, what reponse options are recommended?

Our speakers are experienced practitioners in this area and will help guide you through the legal and practical issues involved.

Details of the seminar are as follows:

Date: Wednesday 17 July 2024
Time: 9.30 - 12.30 (registrations open 09:15am)
Venue: Lander & Rogers, Level 12 Bourke Place 600 Bourke Street Melbourne

To register for this seminar, please visit our website:

Additional July training session - Managing Volunteers

After a sell-out seminar earlier this year, our full-day volunteers workshop is back. Volunteers are a critical part of most NFP community organisations - whether it's driving vehicles, assisting with client needs, providing advice, planting trees or answering phones. Despite the importance of volunteers to the effective operation of an NFP, few organisations fully understand how the law applies to volunteers.

This one-day seminar is designed to help participants systematically analyse the ‘life-cycle of a volunteer' to identify the key legal risks at each stage and to learn simple procedures to minimise or avoid the risks.

The training is designed for volunteer managers as well as anyone who is involved in coordinating volunteers in a NFP organisation.

Date: Tuesday 23 July 2013
Time: 10am - 4pm (registrations open 09:30am)
Venue: Russell Kennedy, Level 12, 469 La Trobe Street, Melbourne

To register for this seminar, please visit our website:

PilchConnect's Rules Review Project was launched in March this year to assist Victorian incorporated associations to update their rules to comply with the new legislative framework for incorporated associations. Free information, training, a simple rules template and a special referral program are all part of the Project.

The Project is now in full swing and to date:

• 60 corporate lawyers have attended our training to up-skill in reviewing rules of incorporated associations to assist groups eligible for a referral through PilchConnect
• 80 organisations attended our Rules Review Training to learn how to update their own rules, and
• 150 organisations have downloaded the PilchConnect Simple Rules template.

For groups using our resources to update their own rules - remember that PilchConnect has a telephone legal advice service, and if your group is eligible for our assistance we can answer discrete questions about your rules over the phone.

To find out more about the Project and access our resources and application forms go to:

Federal Coalition approach to the charitable sector

In the lead up to the federal election, the coalition has released their approach to the charitable sector.  It signals a different approach to regulating charities than that of the current government.  Most signficantly, it contemplates a scaling back of the functions of the Australian Charities and Not-for-profit Commission (ACNC).  It also flags:

• keeping the common law definition of charity, and maintaining the Public Benefit Test, and
• considering chartiable tax reform in specific responses such as the "unrelated business income test" (UBIT) and "in Australia" proposed reforms, rather than as part of a broader policy on charitable regulation.

To view the coalition's statement, video and speeches, go to:

Charities Bill

The federal government released its amended draft Charities Bill and introduced the Bill to Parliament on Wednesday.  The updated Bill has addressed some issues identified in the exposure draft, in particular by:

• expanding on some of the listed charitable purposes to increase clarity
• clarifying that relieving necessitous circumstances need not meet the requirement to benefit the "general public", and
• changing the drafting of disqualifying purposes in response to concern the Bill would prevent charities engaging in advocacy.

PilchConnect supports a statutory definition of charity and will follow the progress of the Bill through Parliament. Follow us on Twitter for updates.

For more information, you can read the Federal Government Media Release and PilchConnect's Submission on Charities Bill 2013 (Cth).

Information for Victorian incorporated associations

Internal disputes arise when there is conflict between:

• member(s) of the organisation and the rest of the organisation
• member(s) of the organisation and the committee of management, or
• members of the committee of management.

Victorian incorporated associations' rules must contain grievance procedures for settling internal disputes and if your association wishes to have a disciplinary procure this must also be set out in its rules.

TIP! The Associations Incorporation Reform Act (AIR Act) sets out new requirements for dealing with internal disputes, including a new requirement that disciplinary and grievance procedures follow natural justice principles.

TIP! As the new natural justice requirements apply despite any contrary procedures in organisations' rules, you should update your rules to reflect the new requirements in the AIR Act.

TIP! If you have an internal dispute, you should consider whether mediation might help resolve the dispute (if this is in line with requirements in your rules).  The Dispute Settlement Centre of Victoria (DSCV) provides a free mediation service for Victorian not-for-profit organisations. 

If you would like more information about the legal and practical issues involved in handling internal disputes you can register for PilchConnect's June Handling Internal Disputes training:

The PilchConnect Information Webportal has over 150 resources for not-for-profit organisations. The resources cover issues that groups face from their inception through to employing staff, running events, applying for tax concessions, and winding up.

Our most popular resources include:

• Guide to legal duties
• Fact sheet on indemnity for office holders of incorporated associations
• DGR categories
• Secretary's Satchel: Guide for secretaries of incorporated associations
• How to change your rules
• Guide to risk and insurance, and
• Guide to fundraising.

We are always working to add to and update our information webportal and could not do this without the assistance of our member law firms who help us draft and review the resources.

"Never underestimate the power of civic action and legal action together to create social change"
Justice Edwin Cameron of the South African Constitutional Court

May has been a busy month for PILCH with the annual Human Rights Dinner as well as the annual Walk for Justice taking place. Both of these events help PILCH fundraise to continue to deliver its services, including the PilchConnect service. We are always energised by these events, seeing the support from those we have helped, and those who help us.

At the Human Rights Dinner Justice Edwin Carmeron reminded us of the role law can play in effecting great social change.  At the Walk for Justice we were so pleased to see members from the legal sector - students, academics, lawyers and judges - walk alongside PILCH to stand up for access to justice in Australia.

Thank you to all our supporters who continue to assist PILCH in many ways so that we can provide access to justice and advocacy for groups and individuals that would otherwise struggle to find legal assistance.

You can donate to help PILCH continue its work here.

PILCH Executive Director Fiona McLeay at the annual Human Rights Dinner
Photo by Tim Herbert

The Hon Justice Chris Maxwell of the Supreme Court of Appeal opens the annual
PILCH Walk for Justice at Spring Street
Photo by Samantha Gash

PilchConnect is a specialist legal service that provides legal help to not-for-profit community organisations.

The service provides free and low cost legal information, training, advice and legal referrals for Victorian not-for-profit community organisations. We also undertake law reform and advocacy work about the wide range of legal issues that affect the not-for-profit sector.

To find out more about our legal services, visit our website below:

PilchConnect - Legal help for community groups.

View our staff profiles here.

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