PilchConnect's not-for-profit seminar series has now finished for 2010.  It was an extremely successful set of ten training sessions for community organisations throughout the year, covering a broad range of legal issues faced by not-for-profits, including:

• tax exemptions and concessions;
• managing volunteers;
• intellectual property;
• running an AGM:
• occupational health and safety laws; and 
• insurance and risk management.

PilchConnect's 2010 seminar series was attended by 577 participants in total, representing 339 Victorian community organisations.  We wish to thank everyone who attended these seminars, and sincerely hope that you were able to take away some valuable legal information that can help your community organisation in the future.

PilchConnect also wishes to extend a big 'thank you' to all the law firms and lawyers that generously donated their time, expertise and facilities to allow these seminars to take place. 

We are currently in the process of developing our seminar series for 2011 and would love to hear from you about the types of legal issues you would like to see addressed as part of this program.  If you have ideas on what we should cover in next year's seminar series, or suggestions on how we can improve this service, please do not hesitate to contact us on the email address below:

In an important win for the not-for-profit sector, the High Court has ruled that Aid/Watch Incorporated, a self-proclaimed watchdog on Australia's foreign aid policy, is entitled to charitable tax status notwithstanding that its purposes include political activities such as generating public debate and campaigning for change in the way foreign aid is delivered.  The decision was handed down on 1 December 2024

To briefly summarise the case, the High Court was asked to consider whether Aid/Watch's political objectives, which included initiating public debate on the manner in which Australia distributes foreign aid, should prevent the organisation from being 'charitable' for tax purposes.

By majority, the High Court held that generating public debate by lawful means about the efficiency of foreign aid is in itself beneficial to the community, and therefore falls within the 'charitable' definition. The High Court also held that there was no general rule excluding political objects from charitable purposes in Australia.

For more information on this decision and a link to the full judgement from the High Court, please see the case note prepared by the Centre for Philanthropy and Non-Profit Studies below:

Following their recent election win, the new Victorian Coalition government has indicated that the Office for the Community Sector, which was established under the former Labor government, will remain substantially unchanged.

The Coalition has announced its Ministry, with Mary Wooldridge appointed as the new Minister responsible for Community Services, Mental Health and Women's Issues - portfolios that she held, along with responsibilities for Drug Abuse and Ageing while she was in Opposition.  

The Coalition's 'Plan for Community Services' has been welcomed by the Victorian Council of Social Service (VCOSS).  One of the key benefits of this policy agenda is that it will aim to reduce red tape and bureaucracy and improve relations in all dealings between the government and community sector.

To read the comments by VCOSS on the Coalition's plan, please visit the  VCOSS website.  The text of the Coalition's full 'Plan for Community Services' is available for viewing on the Coalition's website below:

Your organisation's contact information

The Public Officer is the official contact person for an incorporated association, and has specific responsibilities under the Associations Incorporation Act 1981 (Vic), including submitting the organisation's annual statement with CAV. The Public Officer may be a member of the committee of management of an incorporated association, and it is common for the Public Officer to also hold the position of Secretary in the same association.

Whenever a new Public Officer is appointed, or the existing Public Officer's details change, CAV must be notified within 14 days of those changes occurring. If CAV is not informed of a change in Public Officer, your organisation could face possible fines.

It is extremely important that the contact details of your Public Officer are correctly held by CAV.  With significant reforms to the laws regarding Victorian incorporated associations due to take place in 2011 (click  here for more details), keeping up to date will be particularly important in the coming year.  We urge you to ensure that your Public Officer contact details are updated with CAV to make this transition period as smooth as possible for your organisation.

To notify CAV of changes to your organisation's contact information, simply complete CAV's 'Change of Association Details' form (available  here), or complete the changes online at Consumer Affairs Victoria's website below:

New fact sheet: Community Organisations & Victoria's Charter of Human Rights and Responsibilities Act.

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 on those issues that are relevant to the sector.

A new PilchConnect fact sheet dealing with community organisations and the Charter of Human Rights and Responsibilities Act 2006 (Vic) is now available on our web portal.  This latest publication adds to the growing amount of legal information and resources available for not-for-profit community groups via the  PilchConnect web portal

The new fact sheet looks at whether Victoria's Charter of Human Rights and Responsibilities will apply to your organisation, and if so, how the Charter can be complied with.  For further information, or to view this new resource, see our website below:

New webpage: Frequently Asked Questions on DGR

To help your organisation to understand some key issues surrounding what it means to be endorsed as a Deductible Gift Recipient (DGR), PilchConnect has developed responses to some frequently asked questions, including:

• My organisation has just received DGR status. Do we need to tell current donors?
• What should our organisation do if a donor wants to donate funds for something specific?
• My organisation has received a donation of goods. Should we issue a receipt and if so, what should it say?
• What is a public ancillary fund and how do I go about setting one up? What about a necessitous circumstances fund?
• Our organisation has DGR status, can we auspice an organisation that does not have DGR?

The responses to these frequently asked questions, together with some useful links on DGR can be found on our website below:

On 19 November 2010, the Assistant Treasurer, the Hon Bill Shorten MP issued a discussion paper outlining the Federal Government's views on a new regulatory framework for public ancillary funds.

The paper is titled 'Improving the Integrity of Public Ancillary Funds', and it proposes several changes to the current regulatory framework, including the introduction of legislative guidelines.  The proposed regulatory changes are similar to those that were introduced on 1 October 2024 in relation to private ancillary funds, and includes measures to improve the integrity of public ancillary funds and increase public confidence in the philanthropic sector.  Once finalised, the new measures will apply from 1 July 2011.

There is currently a call for interested parties to provide comments on the discussion paper.  If you wish to provide feedback on the proposed changes, the closing date for submissions is Friday, 17 December 2010.

Further details on the proposed reforms and information on how to make a submission can be found on the Treasury's website below:

Related Party Transactions

On 18 October, ASIC released Consultation Paper 142: Related Party Transactions.  The paper sets out ASIC's proposed guidance to promote better disclosure and governance for related party transactions within public companies, including not-for-profit companies limited by guarantee.

The Consultation Paper sets out ASIC's proposed guidance that will assist public companies to comply with their obligations when providing financial benefits to related parties.  This is particularly important where a public company is concerned about the potential for conflicts of interest.

Specifically, the proposed guidance covers:

• the application of the ‘arm's length' exemption from the requirement for companies to obtain member approval for related party transactions.
• the preparation of independent expert reports on related party transactions; and
• information that should be disclosed to investors about related party transactions.

ASIC is seeking feedback and comments on the proposed guidance from companies, responsible entities of managed investment schemes, experts, company directors, professional advisers, investors and other stakeholders. 

Comments on the Consultation Paper are due by 17 December.  If you are involved with a company limited by guarantee and wish to provide comments to this consultation, the below link to ASIC's website provides further information:

Launch of the 2011 Legal Year Community Event

Law serving the community: Celebrate the opening of the legal year 2011

Victoria's legal community has invited members of the not-for-profit sector to join them at Parliament House to celebrate how the legal profession and the community work together towards achieving a just society.  Key speakers include Justice Chris Maxwell - President of the Victorian Court of Appeal and Marcia Langton, Chair of Australian Indigenous Studies at Melbourne University.  Details of this event are as follows:

Date: Monday 31 January 2025
Location: Queens Hall, Parliament House, Spring St Melbourne
Time: 9.00am for 9.30am
Cost: Free
Morning tea will be provided at 10.30am

Further details on this event, including information on how to RSVP, will be listed on the Law Institute of Victoria's website shortly.  Please follow the below link to stay updated on this event:

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:

PilchConnect is part of the Public Interest Law Clearing House (PILCH), which is a not-for-profit community legal centre set up to promote access to justice and assist those in positions of vulnerability.  You can help support the work of PilchConnect by making a tax deductible donation by following the link below.  Thanks for your support!