Board members: roles, responsibilities, liabilities and protections

This 'back to basics' training is suitable for new not-for-profit (NFP) board / committee of management members - or existing NFP boards or committees that want a refresher on the role and legal responsibilities that come with helping to run an effective community organisation in Victoria.

This seminar will encourage questions and active participation from attendees. Attendees will work in small groups on practical, hypothetical scenarios which are common to many community organisations.

We encourage multiple board members to attend this seminar.

This seminar will be hosted by Clayton Utz with presenters from PilchConnect's legal team. Details are as follows:

Date:   Tuesday 9 February 2025
Time:   9.30–12.30 (registrations open from 9am)
Venue: Clayton Utz, Level 18, 333 Collins Street, Melbourne 3000
Cost:   $40 (incl. GST) administration fee per person
Refreshments:  Light refreshments will be provided

Registrations are now open. You will find the registration form and further details about the seminar at the following page:

PilchConnect is piloting a telephone legal advice service for Victorian, not-for-profit (NFP) community organisations. 

This free telephone service is available for one-off legal advice on a limited range of legal issues. Further details about eligibility criteria for the advice service are available at:
  Telephone Advice Service.

For more information about the telephone advice service, or to make a legal inquiry on behalf of your organisation, please call us on  8636 4444 or  1800 706 220.  Our legal volunteers will answer your initial inquiry and, if eligible, a PilchConnect lawyer will call you back to provide your organisation with a short advice session.

The telephone advice service complements the existing legal support services  provided by PilchConnect, including:

• PilchConnect’s legal information web portal (see  Legal Information)
• PilchConnect’s legal referral service (see  Legal Referral Service)
• PilchConnect’s ongoing training program (see  NFP Seminar Series 2010)
• PilchConnect’s law reform and advocacy work (see  Law Reform & Advocacy)

Productivity Commission recommends changes to NFP regulation 
Following the recent release of the Productivity Commission’s draft report into the Contribution of the NFP Sector, the Commission is now in the process of finalising its report, scheduled to be released by the end of January 2010. The Government will respond to the Final Report later in 2010.

The Commission has recommended reducing inefficient and inappropriate regulation of the NFP sector in Australia. The Commission’s final report will be guided by a large number of public submissions on the Draft Report, including a detailed submission from PilchConnect.  Read more about the Commission’s recommendations and PilchConnect’s submissions on our website at:
 Productivity Commission Submission 

Proposed changes to the reporting obligations of companies limited by guarantee
As mentioned in our December e-bulletin, the Federal government has released an Exposure Draft of a Bill to change the regulatory regime for companies limited by guarantee. The proposed amendments include changes to the the level of annual reporting required by companies limited by guarantee, by introducing a new three-tiered approach to reporting.  Further details on the proposed amendments can be found on the PilchConnect website:

Proposal to extend anti-discrimination laws to cover volunteers in Victoria
PilchConnect has recently been advised by the Victorian Government that they are considering a proposal to extend Victoria’s equal opportunity laws to cover volunteers. If accepted, legislation is planned for introduction into Victorian Parliament in February 2010, although some time would be allowed before the changes came in to effect - probably in 2011. 

Currently Victoria’s Equal Opportunity Act 1995(Vic) specifically excludes volunteers. The proposed changes will mean that any ‘volunteer-involving’ organisation will not be able to discriminate against a volunteer or prospective volunteer on the basis of a protected attribute (eg. race, sex, age, parental or carer status, physical features or any other attribute as listed in the Act).

As many NFP community organisations rely heavily on volunteers, these changes may impact significantly on the sector, and may require NFPs to make changes to the way they recruit, engage and manage volunteers.

PilchConnect has met with the Victorian Department of Justice about this issue and is currently drafting a submission on the proposal.  If you would like more information about the proposed changes, or to discuss how they may impact on your organisation, please contact Liz Morgan at connect@pilch.org.au or on  (03) 8636 4400.

Change to Victoria's occupational health and safety laws on the cards
All Australian governments are currently in the process of trying to get consistent occupational health and safety (OHS) laws across the country. The aim is to have all states and territories introduce consistent OHS legislation by December 2011.

Safe Work Australia has drafted model legislation which, if adopted in Victoria, will change OHS laws including the safety obligations owed to volunteer workers and the potential liabilities for volunteer committee members.

PilchConnect has made a submission on the model legislation. This, and links to the proposed legislation can be accessed via PilchConnect’s website: 

Working out the number of days’ notice

Calculating the number of days’ notice before the meeting of an incorporated association can be confusing. The model rules for incorporated associations in Victoria do not have any provisions about how time is to be measured, however your organisation may have its own rules about measuring time. If so, you must follow them.

If the notice is sent by post, the commonly accepted rule is that the notice period begins the day after the letter would have been delivered “in the ordinary course of post”.

An organisation will have its own rules and procedures for giving members notice of a general meeting. Most organisations have a rule that a notice of general meeting should be sent to members at least 14 days before the meeting is held.

If a notice is personally delivered to a member on 1 February, you would count 14 days from 2 February. That makes 16 February the earliest date for holding the meeting.

If a notice is sent out by post to a member in metropolitan Melbourne on 1 February, you would count 14 days from 3 February (ie. the day after the letter would have been delivered “in the ordinary course of post”). That makes 17 February the earliest date for holding the meeting.

Further information about preparing and giving notice of meetings can be found at Part 5 of our 'Guide for Public Officers and Secretaries of Victorian Incorporated Associations' which can be accessed for free below:

CPA Australia has recently released a guide designed to assist NFP organisations in understanding and reporting on their financial position.  The guide is a useful resource for small and large community organisations and includes helpful checklists and examples that will assist in financial management for committee members and financial officers of all experience levels.

The guide is available for free download online via the link below:

JobWatch, with the support of the Federal Government, is offering free seminars to employers and employees on the Fair Work Act 2009.  These changes to workplace laws impact on many not-for-profit organisations, and JobWatch is in a good position to advise on these amendments as they are themselves a not-for-profit organisation.

Further details on the free JobWatch training program can be found on the JobWatch website below:

PilchConnect is a specialist legal service which has been set up to provide legal help to Victorian, not-for-profit (NFP) community organisations.

The service provides free and low cost legal information, training and advice for Victorian NFP community organisations. We can refer eligible NFPs to PILCH member firms for pro bono legal assistance. PilchConnect also undertakes 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’ at:  How PilchConnect can help

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