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

Workplace complaints from both staff and volunteers are something that many community organisations will be confronted with at some stage. When handled incorrectly, performance management issues can develop into unintended and stressful situations for everyone involved. 

Using hypothetical scenarios, this seminar will highlight the differences between discrimination, bullying and harassment and discuss how to respond to workplace complaints - from either paid staff or volunteers - effectively. The seminar will also discuss the effect of the Fair Work Act and its application in this context to NFP organisations.

Date:  Thursday 12 November 2024
Time:  9.30am – 12.30pm (registrations from 9:00am)
Presenter:  Paul Ronfeldt, Principal Lawyer (Russell Kennedy)
Venue:  Russell Kennedy, Level 12, 469 Latrobe Street, Melbourne 3000
Cost:  $30 (including GST) administration fee per person

Registrations are open.  Registration form and further details can be found on the below link.

PilchConnect is currently piloting its telephone legal advice service for Victorian not-for-profit community organisations. 

This free service is available for once-off legal advice on a limited range of legal issues affecting the community sector, and will complement the existing legal support services already provided by PilchConnect, including: 

• PilchConnect’s legal information web portal (see:  'Legal Information')
• PilchConnect’s legal referral service (see:  'Legal Assistance')
• PilchConnect's ongoing training program (see:  'Training & Seminars')

For more information about the PilchConnect telephone advice service, or to make a legal inquiry on behalf of your organisation, please call us on:   1800 706220.

On 14 October 2009, the Productivity Commission released its much anticipated draft report into the contribution of the NFP sector.  The draft report signals important changes for the regulation of Australia’s large and diverse community sector, and provides a strong base for future reforms for improved NFP governance and accountability. 

The Commission’s 32 draft recommendations include:

• establishment of a Registrar for Community and Charitable Purpose Organisations to regulate national NFP entities;
• establishment of a national legal structure for ‘commonwealth incorporated associations’;
• development of nationally consistent fundraising laws and a national fundraising register;
• adoption of a statutory definition of ‘charitable purposes’;
• national harmonisation of the means by which NFPs can obtain tax endorsement; and
• establishment of an ‘Office for Not-For-Profit Sector Engagement’ to drive proposed reforms.  

The Commission has requested feedback on the draft report by 24 November 2009, with the view to releasing the final report by the end of January 2010.  For more information on the review process, including a link to the full draft report and PilchConnect’s earlier submission, see:
 PilchConnect Submissions

Note: PilchConnect is currently preparing a response to the draft report and welcomes feedback or comments from individuals or groups that wish to make their views known to us. If you would like to share your views, please contact us on  connect@pilch.org.au

The Commonwealth Government is currently working with the states and territories to implement a harmonisation of occupational health and safety (OHS) laws in Australia.  The goal is to develop model legislation which can then be adopted in each jurisdiction, providing much needed consistency for OHS laws on a national scale. 

An exposure draft of the proposed model legislation has now been released.  Comments on the proposed laws are due by 9 November 2009.   

PilchConnect is in the process of drafting a submission to the OHS consultation, which will focus on the need for greater clarity on how proposed OHS laws will apply to community-based organisations, including protections and liabilities for volunteer workers and committees.  Full details about the consultation process, as well as access to the draft legislation can be found by visiting the below link:

Aid/Watch Incorporated, a not-for-profit association which advocates for efficiency and effectiveness in the delivery of Australian Aid, has lodged an appeal to the High Court of Australia following the Full Federal Court’s recent decision in Commissioner of Taxation v Aid/Watch Incorporated. 

In that case, the Federal Court agreed with the ATO’s view that Aid/Watch was not entitled to endorsed charitable status on the grounds that its main purpose was considered to be political.  For a detailed summary of this decision and background to the dispute, see the link at the bottom of this section. 

The High Court will now consider the matter on appeal.  PilchConnect will continue to track the progress of this case, as the outcome has potentially serious consequences for those endorsed charities that engage in political activities and/or regularly campaign for policy reform. 

Recording minutes of a meeting

We are often asked by community organisations about the level of detail that must go into the minutes of committee meetings.  Put simply, there is no one answer to this question, however it is important to remember that the minutes will form an official historical record of the organisation that may be relied upon at a later date.  While the specific rules of your organisation may provide guidance on how your organisation’s minutes are to be taken, as a general rule it is considered best practice to remember the following: 

• Make sure you record the date, place and opening time of the meeting.
• Write down the names and positions of all office bearers (including apologies), as well as recording the names of any members or observers who are in attendance.
• Be clear and precise in your notes.  You don’t need to record every word that was spoken, simply enough to allow a reader to understand what discussions took place.
• Should motions or resolutions occur during the meeting, make sure you record the precise wordings of these.  If in doubt, ask that the wording be repeated.
• Draft the minutes as soon as possible after the meeting, while the details are still fresh in your memory. 

Further information about preparing and keeping the minutes for Victorian incorporated associations (including a detailed checklist and sample minutes) can be found at Part 7 of our recently released 'Guide for Public Officers and Secretaries of Victorian Incorporated Associations' which can be accessed by following the below link.

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, go to  How PilchConnect can help your community organisation on our website.

If you would like to contribute to, or provide feedback about this e-bulletin, please email:  connect@pilch.org.au