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About PilchConnect
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PilchConnect is a specialist legal service which has been set up to provide legal help to not-for-profit community organisations (NFPs).
The service provides free and low cost legal information, training, advice and legal referrals for Victorian NFPs. We also undertake law reform and advocacy work about the wide range of legal issues that affect the not-for-profit sector.
PilchConnect is keen to keep interested NFPs up-to-date with legal issues that may affect them or the broader NFP sector. We now have a new e-bulletin format which will provide your organisation with regular updates, including:
- details of upcoming, low-cost legal seminars PilchConnect is running for NFPs;
- explanations of recent or proposed changes to the laws that affect Victorian NFPs (we cover State-based laws and relevant Federal laws);
- information about policy, law reform or advocacy activities on issues relevant to NFPs and ways that your organisation can contribute or provide feedback; and
- interesting legal cases relevant to NFPs.
If you would like to subscribe or unsubscribe to this e-bulletin please email connect@pilch.org.au.
We also welcome your contributions to and feedback on the e-bulletin. Please email us at connect@pilch.org.au.
To find out more about our service see:
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Training: PilchConnect NFP legal seminar series 2009
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In 2009 PilchConnect will again be running a monthly seminar series for not-for-profit community organisations (NFPs) generously hosted by our member law firms.
March 2009 seminar The first seminar is on the financial reporting obligations of NFPs. The details of the seminar are:
Title: Financial Reporting in tough economic times: meeting your legal obligations
Date: 12 March 2025
Time: 4pm - 6pm
Location: Clayton Utz, Level 18, 333 Collins Street Melbourne
For further details and to register please see:
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The full year’s program is still being finalised but for proposed dates and topics see:
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Training: Other legal training for NFPs 2009
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Our Community Board Builder Conference
PilchConnect will be presenting a session at this Conference on Friday 27 February.
This session is entitled 'Managing Obligations without forgoing innovation'. A panel of legal experts will look at the issue of how you mesh your legal obligations with running a dynamic and effective community organisation.
For more information, including how to register see:
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PilchConnect and Victorian Council of Social Services (VCOSS) regional training
In 2009 PilchConnect and VCOSS are working together to bring governance training to regional Victoria, running a program entitled ‘Board Members: Roles, Responsibilities, Liabilities and Protections.’
The training will cost $30 and run from 10.00am until 12.30pm on Tuesday 19 May in Wangaratta and on Tuesday 26 May in Warrnambool.
For information, including how to register see:
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Changes to laws: Associations Incorporation Amendment Bill 2008 (Vic)
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The Victorian government is proposing to change the laws that regulate the operations of incorporated associations in Victoria.
In December 2008, the Victorian Government introduced a Bill into Parliament that proposes to amend the Associations Incorporation Act 1981 (Vic). The proposed amendments seek to make a number of changes to the way that incorporated associations operate, including:
- replacing the current position of ‘Public Officer’ with ‘Secretary’; and
- specifying some additional matters that must be included in the rules of an incorporated association must include in relation to the taking of minutes of meetings and providing access to those minutes.
There are also a number of other proposed changes that may impact on the governance of incorporated associations.
The proposed amendments are not yet law and are still being debated in Parliament.
For further details on the proposed amendments, together with a summary of how the changes may impact on incorporated associations (if and when they are passed) see:
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Changes to laws: Fundraising Amendment Bill 2008 (Vic)
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The Victorian Government is proposing to change the fundraising laws in Victoria. In October 2008, the Victorian Government introduced a Bill into Parliament that proposed a number of changes to the Fundraising Appeals Act 1998 (Vic), including:
- extending the period of registration as a fundraiser from 12 months to 3 years;
- increased disclosure requirements about intended distribution to beneficiaries; and
- changes to requirements for labeling of clothing bins.
There are also a number of other changes that may impact on registered fundraisers in Victoria.
The Bill was passed on 3 February 2025 and the changes will soon come into force.
For further details on the proposed amendments, together with a summary of how the changes may impact on community organisation fundraising see:
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Recent case law: Word Investments v ATO
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On 3 December 2008, Australia’s High Court ruled in favour of a not-for-profit organisation Word Investments Limited (Word), in the long-running case Commissioner of Taxation of the Commonwealth of Australia v Word Investments Ltd [2008] HCA 55.
The High Court granted Word’s appeal against a decision of the Australian Taxation Office (ATO). The ATO had determined that Word’s commercial activities, which raised funds for another charity, prevented the organisation from being considered ‘charitable’. The High Court overruled the ATO's decision, and concluded that Word was entitled to be endorsed as a tax exempt charitable institution.
The case clarifies the circumstances in which not-for-profit organisations that raise funds through business or commercial activities will be considered ‘charitable’ and eligible to be endorsed as exempt from tax.
To find out more about this case, please see:
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Law Reform: Senate Inquiry
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On 4 December 2008, the Senate Standing Committee on Economics released its report into the disclosure regimes for charities and not-for-profit community organisations (NFPs). This report signals the possibility of long awaited reform of the complex regulatory scheme which currently applies to NFPs in Australia.
The Committee makes 15 recommendations which, we are pleased to say, adopt most of the recommendations made by PilchConnect in our submission to the Inquiry. Key recommendations include:
- establishment of a single, independent, national regulator to provide oversight of the NFP sector;
- introduction (by way of a referral of powers from the States) of nationally consistent laws on legal structure and fundraising;
- creation of a position of ‘Minister for the Third Sector’; and
- establishment of an expert taskforce to manage the implementation of the recommendations.
The Committee also recommended that there should be a tiered reporting system with disclosure obligations commensurate with the size of the organisation.
For further details on the Committee’s recommendations, including the PilchConnect submission see:
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Law Reform: Human rights charter
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On 10 December 2008, the Australian Federal Government launched the National Human Rights Consultation (‘the Consultation’). The Consultation is an important opportunity for not-for-profit community organisations (NFPs) to share their views on human rights and discuss ways to protect and promote human rights in the future.
Many not-for-profit organisations provide services to, or advocate on behalf of, people who are marginalised and / or disadvantaged. The not-for-profit sector is therefore uniquely placed to provide insights into the kinds of rights that are routinely breached in Australia and ways that such rights may best be protected in the future.
To find out more about Consultation, what PILCH is doing, and how NFPs can get involved, please see:
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