Handling conflict and misconduct in the NFP workplace - risk management and discipline.

Like any type of organisation, not-for-profits are not immune from the possibility of workplace conflict and misconduct. Your people are your greatest asset - and a source of risk - so it's vital that your organisation understands its responsibilities and its rights in this important area.

This practical seminar will take a risk management perspective. What are some of the risk factors and warning signs of workplace conflict and misconduct, and how can these be managed before they become a big problem? What policies and procedures should your organisation have in place? What other proactive steps can you implement to minimise the risk that problems will escalate? If conflict or potential misconduct does occur, what are your options in responding?

Our speakers are experienced practitioners in this area and will help guide you through the legal and practical issues involved.

Date: Wednesday, 21 September 2024
Time: 9:30am - 12:30pm (registrations open at 9:15am)
Venue: Lander and Rogers Lawyers
            Level 12, Bourke Place
            600 Bourke Street, Melbourne
Fee: $40 (inc GST) per person.

This seminar is open to not-for-profit organisations. To register for this seminar, please click on the link below:

Legal issues in managing volunteers (full day training seminar)

Due to popular demand, PilchConnect is repeating this seminar which was previously run in March 2011.

Volunteers are a critical part of most NFP community organisations. Whether it's driving the vehicles, assisting with client needs, providing advice, planting trees or answering phones, the value of volunteers in this sector is immeasurable. Yet, despite the importance of volunteers to the effective operation of their NFP, few organisations fully understand how the law applies to its volunteers.

Common questions our lawyers are asked about volunteers include:

• Does our organisation owe a duty of care to volunteers, and how do we meet this duty?
• Which actions of our volunteers might our organisation be liable (legally responsible) for?
• Our volunteers are working with vulnerable clients - what background checks should be done?
• Do equal opportunity laws apply to volunteers? And if so, what does this mean for the way we select our volunteers? How do the changes to these laws in Victoria effect volunteers?
• If we are forced to release a volunteer, are there circumstances where we can be sued for unfair dismissal?

This one-day seminar is designed to help participants systematically analyse the ‘life-cycle of a volunteer', to identify the key legal risks at each stage and to learn simple procedures to minimise or avoid the risks. Run by PilchConnect lawyers, the seminar will draw on current case law, hypothetical examples and common questions, as well as provide participants with template documents for use in their volunteer programs, and, of course, time for Q&A. 

This seminar will be hosted by Russell Kennedy Lawyers with presenters from PilchConnect.

Date: Friday 2 September 2024
Time: 10:00am - 4:00pm (registrations open at 9:30am)
Venue: Russell Kennedy Lawyers
           Level 12, 469 La Trobe Street
           Melbourne VIC 3000
Fee: $75 for small NFP organisations (less than 10 full time employees).
       $200 for medium/large NFP organisations (more than 10 full time employees).

This seminar series is only for not-for-profit organisations. To register please follow the link below:

Board Members: Roles, Responsibilities, Liabilities, and Protections

Throughout the year, PilchConnect and the VCOSS Clearinghouse will continue to work together to run governance training for individuals involved in not-for-profit organisations throughout regional Victoria. This month we will be running a seminar entitled 'Board Members: Roles, Responsibilities, Liabilities and Protections' in Shepparton.

This training is suitable for new or existing not-for-profit board/committee of management members that are seeking a refresher on the roles and legal responsibilities that come with helping to run an effective community organisation in Victoria. 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.

      Date: 6 September 2024
      Time: 2.00pm - 5.00pm
      Venue: North Shepparton Community & Learning Centre, Parkside Drive, Shepparton
      Cost: $50.00 (incl. GST)

For more information, or to register for this seminar, follow the link to the VCOSS Clearinghouse website below:

Treasury consultation paper - "Better targeting of not-for-profit tax concessions"

In May 2011, the Federal Government called for public views on approaches to the implementation of the Government's 2011-12 Budget announcement regarding income tax concessions for NFPs. The Treasury consultation paper, "Better targeting of not-for-profit tax concessions" sets out proposed reforms to current taxation arrangements to ensure that tax concessions are used appropriately to further an organisation's altruistic purposes.

While PilchConnect agrees in principle that NFP tax concessions must be appropriately targeted, our submission raises some concerns that the proposed tax arrangements would be difficult to implement effectively, and may result in increased regulatory complexity for the NFP sector without requisite justification. PilchConnect considers it imperative that any reforms to tax concessions, such as those proposed in the Consultation Paper, are thoroughly scrutinised by Government to ensure that they are consistent with its broader NFP reform agenda for smarter regulation of the sector, are evidenced-based, and are the most appropriate mechanism to achieve the desired policy outcomes.

Further information on the consultation paper, and PilchConnect's submission, is on the PilchConnect website, below. 

'In Australia' Special Conditions for Tax Concession Entities

In July 2011, the Assistant Treasurer released for public consultation an exposure draft of legislation that will restate the 'in Australia' special conditions for tax concession entities. 

Traditionally, entities cannot be income tax exempt unless they  operated principally in Australia, are prescribed as exempt in the Income Tax Assessment Regulations 1997 or are a deductible gift recipient. While both income tax exempt entities and deductible gift recipients are subject to 'in Australia' special conditions, they are subject to different thresholds. The draft legislation seeks to address recent High Court decisions that have raised doubts about the proper application of these tests.

The closing date for submissions is Friday, 12 August 2011. Further information is available on the Treasury website, below.

In the coming months, PilchConnect anticipates that the Federal Government will release for consultation draft legislation on the Australian Not-for-Profit and Charities Commission (the ACNC). The establishment of a one-stop-shop national regulator heralds a new and exciting time for not-for-profit regulation in Australia, and follows the announcement by the Federal Government in the 2011-12 Budget of a range of reforms relating to not-for-profit organisations.

As consultation surrounding the establishment of the ACNC (and other reforms, including the introduction of a statutory definition of charity) begins, we encourage you to take the opportunity to help shape the future landscape of not-for-profit regulation by actively engaging in the process.

PilchConnect will continue to update you via our e-bulletin and webportal with information regarding the national reforms as they come to light.

New PilchConnect Guide for Victorian community organisations: Employee, contractor or volunteer?

The law recognises many different categories of relationships where one party (a worker) performs work for another party in exchange for payment or reward. These include, among others, the relationships of 'employer and employee' and 'principal and independent contractor'. The law also recognises a separate category of worker known as a 'volunteer'. This type of worker performs work for another without an expectation of, or legal requirement of, payment or reward.

It is important for your community organisation to know which category of ‘worker' is undertaking work in your organisation. This is because different legal entitlements and obligations apply, depending on whether the worker is an employee, an independent contractor or a volunteer.

If your organisation incorrectly classifies a worker, you may fail to provide them with their legal entitlements or fail to meet your obligations under tax, insurance and superannuation law. This could result in legal claims being made against your organisation, and your organisation may be found liable to pay penalties.

This Guide is to help Victorian not-for-profit community organisations to understand how the law treats different kinds of working relationships. It outlines:

• the importance of correctly classifying different working relationships; 
• the basic legal differences between employees, independent contractors and volunteers; and 
• an overview of some of the main legal obligations an organisation owes to its employees, independent contractors and volunteers.

The Guide is available to download on the PilchConnect webportal, below:

New Good Governance Tool Kit Released by VicSport

Vicsport, in conjunction with VicHealth, has recently released the Good Governance Tool Kit - a valuable resource that delivers practical information and templates for consideration by Boards, Chairs, CEO's and other key figures responsible for the quality of corporate governance in sporting organisations.

The Tool Kit contains a comprehensive overview of five key components of good governance practice:

• Board Structure and Purpose
• Election and Appointment
• Board Induction
• Board Behaviour
• Culture and Board Performance and Evaluation

The resource can be accessed online via the Vicsport website, below:

National approach to business name registration

In the 2010 the Council of Australian Governments (COAG) announced its intention to introduce a national approach to business name registrations. Currently, business name registration regime (including name registration for not-for-profit organisations) is a state-based system - in Victoria, it is administered by Consumer Affairs Victoria (CAV).

Initially the new national business names register was proposed to come into operation in the first half of 2011. It has now been postponed until the first half of 2012. After that time, any names currently registered with CAV will be transitioned to the national register as a national business name administered by the Australian Securities and Investments Commission (ASIC).

The same rules for registration under the current system will continue to apply. That is, you will not be able to register a name that is identical or similar to a business name already registered. However, there will be an appeal process to the ASIC if you don't agree with their decision.

Much like our current registration system through this national system, registration will not confer any ownership of that name. In order to prevent other organisations from using your name you should register it as a trademark.

Full information on the ‘Australian Business Number Business Names Registration Project' is available on the Department of Innovation, Industry, Science and Research website below:

Two organisations recognised as charitable institutions but not ‘health promotion charities' for the purpose of DGR

Two recent decisions of the Administrative Appeals Tribunal (the Tribunal) have highlighted the obstacles to getting Deductible Gift Recipient (DGR) status as ‘a health promotion charity' notwithstanding an organisation's endorsement as a charitable institution. In a decision that may have wider implications for not-for-profit organisations, the Tribunal recently determined that Bicycle Victoria is entitled to be endorsed as an income tax exempt charitable institution, however, not entitled to be endorsed as DGR.

In 2009 Bicycle Victoria applied to the Australian Tax Office (ATO) for endorsement as a DGR under the category of ‘health promotion charity' (i.e. a charitable institution whose principal activity is to promote the prevention or the control of disease in human beings). Bicycle Victoria also applied for endorsement as a charitable institution so that, among other things, it would be exempt from income tax and be able to receive GST concessions. The ATO had refused both applications. Bicycle Victoria subsequently applied to the Tribunal for review.

The Tribunal was satisfied that "cycling is a form of physical activity that can prevent, remediate and control diseases, including those associated with obesity", which it found to be "one of the greatest public health challenges facing Australia". It was also satisfied that the purpose of Bicycle Victoria is for promoting cycling in all its forms and for the overall purpose of promoting fitness, which is a recognised charitable purpose.

Although it was satisfied that the Bicycle Victoria was a charitable institution under the GST Act and the Income Tax Assessment Act, the Tribunal did not agree that the organisation's principal activity was to promote the prevention or control of diseases in human beings. Accordingly, the Tribunal backed the ATO's decision to refuse the organisation endorsement as a health promotion charity.

While this means that Bicycle Victoria cannot receive tax deductible donations, as a Tax Concession Charity it will be exempt from paying income tax. The decision been hailed as a victory for the cycling advocacy group which strives to get more people cycling more often.

You can access the full decision by following the link, below:

In a more recent matter, the Tribunal upheld the ATO's decision to refuse DGR status to another organisation, Krishnamurti Australia Inc (KA), also on the basis that it was not a ‘health promotion charity'. KA, which promotes the teachings of Indian philosopher and guru, Jiddu Krishnamurti (1895-1986), had contended that the Krishnamurti's teachings promote enquiry into the processes of human thought and that understanding this process could reduce and eliminate psychological conflict in its followers, thereby preventing or controlling mental illness. The ATO did not dispute that the teachings might assist people either with or without a mental illness, but argued that the control and prevention of mental illness was not the organisation's ‘principal activity'.

In assessing whether or not this was the KA's highest priority, the Tribunal evaluated KA's activities in terms of expenditure, allocation of resources, statements of objects and subject matter of publications. On this basis it found that the organisation's principal activity was in fact the dissemination to the general public of the guru's philosophical teachings, rather than the control or prevention of mental illness.

The full decision can  be found by following the link, below:

PILCH Law & Social Change Dialogue 2011 : The Tampa 10 years on - is change possible?

Held almost 10 years to the day from when the MC Tampa rescued 433 asylum seekers in the Indian Ocean, this year's Law and Social Change Dialogue will discuss those events, the legal interventions that followed and the current state of Australian laws and public debate on refugees and asylum seekers.

Tickets are selling fast to the Dialogue, which will feature prominent human rights lawyers Julian Burnside and Debbie Mortimer QC. Renowned journalist David Marr will contribute his perspective and moderate the discussion.

       Date: Thursday, 25 August 2024
       Time: 6.15pm for 6.30pm
       Location: Experimedia Centre, State Library of Victoria

If you would like to donate to support our work, including our work with asylum seekers, you can donate to PILCH when you register, below.

Legal Issues in Managing Volunteers - Volunteering Geelong.

On behalf of Volunteering Geelong, PilchConnect is pleased to be delivering Legal Issues in Managing Volunteers in Geelong on Wednesday 7 September.

The training is suitable for volunteer managers as well as anyone who is involved in coordinating volunteers in a NFP organisation, and is designed to help participants systematically analyse the ‘life-cycle of a volunteer', to identify the key legal risks at each stage and to learn simple procedures to minimise or avoid the risks.

Further information on this session and registration details can be found on the Volunteering Geelong website, below. We encourage not-for-profit organisations in and around the area to take advantage of this opportunity to understand how the law applies to your volunteers.