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PilchConnect's NFP seminar series for 2010
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What does the Fair Work Act 2009 mean for your not-for-profit organisation?
The Fair Work Act 2009 commenced operation on 1 July 2009, with additional provisions, including those relating to Modern Awards and the National Employment Standards ('NES'), commencing on 1 January 2010. Employers (including not-for-profit employers) must now ensure that existing contracts, policies and procedures are updated to reflect the obligations under the NES and any applicable Modern Awards.
In addition to the creation of Modern Awards and the NES, the Fair Work Act also introduced changes to the unfair dismissal regime. Many more employers must now comply with unfair dismissal obligations before terminating a person's employment.
Find out how your not-for-profit community organisation can make sure it complies with these laws.
Date: Tuesday 9 March 2025
Time: 9.30am - 12.30pm (registrations open from 9.00am)
Location: Russell Kennedy: Level 12, 469 LaTrobe St, Melbourne
Cost: $40 (incl. GST) administration fee per person
Refreshments: Light refreshments will be provided
There are still a few places left in this seminar. You will find the registration form and further details about the seminar at the following page:
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April Seminar: Intellectual Property issues for Not-for-Profits
This seminar will provide an invaluable overview on the basics of intellectual property law, including copyright, trade marks, and confidential information; how to protect your trade marks and other intellectual property and ensure that you own them; remedies if your intellectual property is being infringed by others; licensing agreements and releases for the use of information; issues with hiring outside consultants and advertising agencies; and intellectual property issues raised by a not-for-profit's website and other internet uses.
Date: Tuesday, 13 April 2025
Time: 9.30am - 12.30pm (registrations open from 9.00am)
Location: Minter Ellison: Level 23, 525 Collins St, Melbourne 3000
Cost: $40 (incl. GST) administration fee per person
Refreshments: Light refreshments will be provided
You will find the registration form and further details about the seminar at the following page:
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Law reform and policy (Victorian)
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Proposed amendments affecting Victorian incorporated associations
The Victorian Government is introducing further changes to the legislation that regulates the way Victorian incorporated associations operate, the Associations Incorporation Act 1981.
If passed by Parliament, the changes will impact on how Victorian incorporated associations govern themselves and report to Government. The Associations Incorporation Amendment Bill 2010 (Vic) was released for public consultation on 2 March 2010, together with an Explanatory Statement which provides background and clarification on the proposed reforms. The stated objects of the Bill are to:
- clarify the duties on officers and improve member control of incorporated associations;
- improve grievance and dispute resolution procedures;
- revise annual reporting requirements and audit thresholds; and
- repeal the limitations on trading by an incorporated association.
Public comment and submissions on the Bill must be provided to Consumer Affairs Victoria no later than 31 March 2025. PilchConnect will look through the detail of the proposed changes and will publish an explanation of the major changes on our web portal shortly. Any person or organisation that is interested in discussing the proposed amendments further, or those wishing provide input to our submission to the consultation, can contact us at  connect@pilch.org.au or by calling  (03) 8636 4455.
We understand that the Bill will be considered by Parliament in the first half of this year. For further information, including links to the text of the Bill and its Explanatory Statement, follow the link to the Consumer Affairs Website below:
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Law reform and policy (Federal)
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National Compact releases Consultation Report
Throughout 2009, the Australian Government has been consulting with the not-for-profit sector and public sector agencies as part of a National Compact between Government and the Third Sector. These consultations are summarised in the recently released 'National Compact Consultation Report', which is now publicly available.
The Consultation Report indicated broad support for the development of a Compact to improve relationships and ways of working between the Government and the Sector, as well as identifying areas for reform and improvement within the sector.
A signing ceremony for the National Compact will occur in Canberra on 17 March 2010.
For further details about the National Compact, and a full copy of the Consultation Report, see the Federal Government's  Compact website.
Productivity Commission's report into the contribution of the NFP sector
As we noted in our February e-bulletin, the Productivity Commission has now released its final report in the contribution of the not-for-profit sector. As the Government digests this 500 page report and its 39 recommendations, PilchConnect has been busy analysing the Productivity Commission's findings. We will shortly be publishing a summary of the Commission's final report and our response to the various recommendations, to allow not-for-profits can quickly understand the legal and regulatory changes that are being considered at a national level, including:
- harmonisation of fundraising laws;
- a statutory definition of charitable organisation; and
- a national regulator for not-for-profit organisations.
For an update on the status of the Productivity Commission's study into the contribution of the not-for-profit sector, click the below link to visit the PilchConnect website:
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New PilchConnect fact sheet now available
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Fact sheet: Financial problems or insolvency
While we are constantly updating the PilchConnect web portal to reflect developments within the not-for-profit sector, we are also working hard to generate new fact sheets and legal guides for Victorian community organisations.
A PilchConnect new fact sheet dealing with insolvency and financial concerns amongst not-for-profits is now available on our web portal. This latest publications adds to the growing amount of legal information and resources available for not-for-profit community groups via our web portal.
The new fact sheet is now available for download by following the below link:
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NFP masters subject
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Sue Woodward and others from the PilchConnect team will be teaching a masters subject called ‘Not-for-profit organisations: current regulatory and governance issues’ at Melbourne University’s Law School from the 2nd to the 8th of June 2010 (excluding the weekend).
A similar subject was delivered in 2008 and the feedback from participants was extremely positive. The subject will examine recent inquiries and law reform developments in the not-for-profit sector, as well as drawing on the practical legal issues that arise for not-for-profits. The course will be full fee paying, and is suitable for both lawyers and non-lawyers with relevant experience, including those with a strong not-for-profit background.
If you would like more information about this subject, please email us at connect@pilch.org.au, or follow the below link:
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NFP tip for the month
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Maintaining your membership register
Every Victorian incorporated association must include a section relating to the members register in their rules. For example, if you are using the Model Rules, sections 5 and 6(2)(b) state:
- the secretary must keep and maintain a register of members containing:
- the name and address of each member
- the date on which the secretary entered each member's name in the register, and
- the date on which each member ceases to be a member
- members must be able to inspect the register free of charge (on request), and
- a member may make a copy of entries in the register.
Check your organisation's own rules about the members register. You may have different and/or extra requirements to those in the model rules. For example, your organisation's rules may require the secretary to enter in the register each member's class of membership (if any), and the fee each member pays, and date they paid it. Remember: if you are using the Model Rules, the members register must be available for inspection by members.
Further information for Victorian incorporated associations about keeping records, registers and documents (including sample registers) can be found at Part 10 of our recently released 'Guide for Public Officers and Secretaries of Victorian Incorporated Associations' which can be accessed on the PilchConnect website below:
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New search on Australian Business Register
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The online Australian Business Register can be a useful site for checking your not-for-profit organisation's legal status, and that of others you may deal with. The Register provides an online snapshot of organisations (including not-for-profits), and publicly lists details such as the registered name, location, GST status and Australian Business Number (ABN).
The Register has recently been expanded to provide further information on organisations been endorsed with Deductible Gift Recipient (DGR) status, including displaying the category which an organisation qualifies for DGR under the Income Tax Assessment Act 1997. Where the organisation is a Private Ancillary Fund, this is also noted on the new Register.
These changes are aimed at improving the integrity and transparency of not-for-profit organisations, and will assist potential donors to determine which DGR groups they can donate to. For further information on these changes, or to search the register, visit the website of the Australian Business Register below.
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PilchConnect’s telephone advice service
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PilchConnect is currently piloting a telephone legal advice service for Victorian, not-for-profit community organisations.
This free telephone service is available for once-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.
The telephone advice service complements existing legal support services already provided by PilchConnect, including:
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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 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.
If you would like to subscribe or unsubscribe to this e-bulletin please email connect@pilch.org.au.
If you would like to contribute to, or provide feedback about this e-bulletin, please email
connect@pilch.org.au.
To find out more about the legal services we provide, see:
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