PilchConnect has just released a comprehensive new resource for people involved in Victorian incorporated associations.

The 10-part Guide for Secretaries and Public Officers of a Victorian Incorporated Associations provides useful information and practical tools  – such as sample documents, checklists, and flowcharts. The aim of the Guide is to assist people involved in running an incorporated association in Victoria and complying with the Associations Incorporation Act 1981 (Vic).

Although aimed at people in the role of public officer and secretary, we think the guide will be of interest to all people involved in running an effective and well-governed community organisation! Topics include: appointing and removing a secretary, preparing and giving notice of meetings, procedures for meetings, minutes of meetings, reporting to Comsumer Affairs Victoria, and many more.

The Guide is an adaptation of The Secretary’s Handbookby Prof Myles McGregor-Lowndes, Australian Centre for Philanthropy and Nonprofit Studies, Queensland University of Technology (with thanks!).

It has been produced with support from the Office of the Community Sector and Consumer Affairs Victoria, agencies of the State Government of Victoria.

The Guide is available from the PilchConnect’s website at:  www.pilch.org.au/incguide

Managing workplace complaints in your community organisation – discrimination, bullying, harassment and the new Fair Work Act

Save the date! Our next legal seminar for Victorian not-for-profit community organisations will held in the Melbourne CBD on Thursday 12 November 2009. The seminar will cover ways that community organisations can effectively handle workplace complaints.  The presenter will provide an overview of employment laws, cover the differences between discrimination, bullying and harassment and discuss the effect of the new Fair Work Act and its application in this context to not-for-profit organisations  

Full details and the registration form will be in our next (October) e-bulletin.

Preparing for your next Annual General Meeting (AGM)

Many community organisations hold their AGM at this time of year, so it’s is a good time check your organisation’s Rules (and policies) about notice and other requirements for holding the AGM.  

For example, under the Model Rules the notice period for an AGM is at least 14 days before the meeting - the same as for other general meetings [see Model Rule 12 (1)]. However you should check your organisation's rules to confirm the notice period required for your organisation, how notice is to be given to members, and any other requirements.

If your organisation plans to pass a special resolution at the AGM, you should take extra care to check your Rules and the Associations Incorporation Act 1981 (Vic) ('the Act'). 

The Act requires an organisation to pass a special resolution when making important decisions such as changing the organisation’s name, rules or statement of purposes, or winding up the organisation.  The Act requires that a notice proposing a special resolution must be given to all members who are entitled to vote, at least 21 days before a meeting. 

Also, recent amendments to the Act now require a notice about a special resolution to: 

• state that it is intended to propose the resolution as a ‘special resolution’.
• set out the actual wording of the proposed resolution in full; and

These are the minimum requirements under the Act.  You should always check your organisation’s own rules for any extra requirements about notices of proposed special resolutions, as these must also be followed.

You will find more information about meetings, notice periods and special resolutions in our new: Guide for Public Officers and Secretaries of Victorian Incorporated Associations.

PILCH participates in the National Compact Joint Taskforce
The release of a draft National Compact between the 'Third Sector' and Federal Government has raised hopes for a new era in the relationship between Government and the not-for-profit sector. PilchConnect has played a key role in shaping the draft Compact by participating in an expert National Compact Joint Taskforce. The Government is currently consulting with the NFP sector about the Compact and submissions are due by 30 September 2009. To find out more about the Compact, and for information about how to participate in the consultation process see:
 the PILCH website page on National Compact.

ATO compliance program
The ATO has released its compliance program for 2009/10 which lists the key compliance issues it will be focusing on throughout the year. The not-for-profit sector is listed as a priority for the ATO, with the following problematic areas being targeted:

• deliberate misuse of tax concessions;
• failure to meet obligations as an employer;
• inadequate record keeping; and
• activities no longer consistent with tax exempt status.

The ATO will be conducting reviews of a number of organisations to ensure they are compliant in the above areas :

PilchConnect in the media
PilchConnect was recently in the media in relation to the change in tax laws designed to allow the Bushfire Appeal Funds to be applied for broader purposes. PILCH's Executive Director Mat Tinkler noted that the need to amend the tax laws for this purpose highlighted the broader need to modernise charity tax law in Australia:  “The Federal government still uses a definition of ‘charitable purposes’ based on restrictive categories from a 1601 UK statute. This means that, in Australia, the use of tax deductible funds is restricted to organisations falling within this outdated definition and many organisations miss out, even through they undertake work the Australian community would perceive as ‘charitable’. For more information about this matter , please see:
   Amendments broaden scope of Victorian Bushfire Appeal Fund.

PilchConnect is on Twitter!
If you are using Twitter, stay up-to-date with PilchConnect news and events between e-bulletins by becoming a PilchConnect Twitter 'follower'. We do not 'tweet' very often, but do so when we release a new website resource, training session or law reform update. Join us at:  http://twitter.com/PilchConnect

Tell us what you think about PilchConnect!

PilchConnect welcomes feedback about our e-bulletin, website, training, legal information resources, or our service in general. We are always keen to hear how we are doing and where we could improve! We have a page on our website for you to provide feedback:
   Provide feedback to PilchConnect.

PilchConnect is a specialist legal service which has been set up to provide legal help to Victorian, 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 the legal services we provide, see  How PilchConnect can help your community organisation

If you would like to subscribe or unsubscribe to this e-bulletin please email  connect@pilch.org.au.

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