This month, we are delighted to welcome Virginia Mosk as the newest member of the PilchConnect team. Virginia comes to us with extensive experience working with not-for-profit organisations and will be your point of contact for all of your training inquiries. 

Handling conflict and misconduct in the NFP workplace - risk management and discipline.
**Final call for registrations**

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 with workplace conflict.

Date: Wednesday, 21 September 2024
Time: 9:30am - 12:30pm (registrations open at 9:15am)
Venue: Lander & Rogers Lawyers, Level 12, Bourke Place
600 Bourke Street, Melbourne
Fee: $40 (inc GST) per person.
Refreshments: Light refreshments will be provided for morning tea.

This seminar is generously hosted by Lander & Rogers Lawyers.

To register for this seminar, please click on the link below:

Intellectual Property - Websites, Social Media and your Organisation.

Your organisation's publications, website, logos and other materials are valuable. How do you know if and when you need to take steps to safeguard them and protect your intellectual property rights?

This popular seminar will provide an invaluable overview on the basics of intellectual property law for not-for-profits, including:

• Intellectual property issues raised by a website and other internet uses;
• Copyright, trade marks, and confidential information;
• How to protect your trade marks and other intellectual property and ensure that you own them;
• Use of photos on your website and publications;
• Remedies if your intellectual property is being infringed by others;
• Licensing agreements and releases for the use of information; and
• Issues with hiring outside consultants and advertising agencies.

Details of the seminar are as follows:

Date: Tuesday 18 October
Time: 9.30am to 12.30pm (registrations open at 9.15am)
Venue: Minter Ellison, Level 23, The Rialto Tower, 525 Collins Street, Melbourne
Fee: $40 (inc GST) per person.
Refreshments: Light refreshments will be provided for morning tea.

This seminar is generously hosted by Minter Ellison Lawyers. To register, please follow the link below:

Board Members: Roles, Responsibilities, Liabilities and Protections

Final Seminars for 2011!

Throughout the year, PilchConnect and the VCOSS Clearinghouse have worked together to run governance training for individuals involved in not-for-profit organisations throughout Victoria. In October, we will be running our final sessions for the year of the seminar entitled 'Board Members: Roles, Responsibilities, Liabilities and Protections' in Beaufort and Melbourne.

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.

Details of the sessions are as follows:

Beaufort
Date: Tuesday, 11 October 2024
Time: 9.30am to 12.30pm
Location: Beaufort Community Development Centre, Cnr Lawrence & Pratt Streets, Beaufort     Cost: $50.00 (incl. GST)
Refreshments: Light refreshments will be provided for morning tea.


Melbourne
Date: Tuesday, 25 October 2011
Time: 9.30am to 12.30pm
Location: VCOSS Boardroom, Level 8, 128 Exhibition Street, Melbourne
Costs: $50.00 (incl. GST)
Refreshments: Light refreshments will be provided for morning tea.

To register, follow the link below to the VCOSS Clearinghouse website:

As readers of our e-bulletin will be aware, PilchConnect runs a series of monthly training sessions for not-for-profit (NFP) community groups in Melbourne. We also partner with VCOSS to deliver training across rural and regional Victoria about the legal duties of Committee and Board members of community organisations.

The feedback about PilchConnect's training has been overwhelmingly positive and we have often had requests for tailored training. Due to this demand, PilchConnect has recently started to offer tailored legal training for community organisations, peaks, local councils and others on a fee-for-service basis.

Further details of the modules we offer can be found below.

All PilchConnect's trainers are qualified lawyers with a number of years of experience in advising NFPs. We also have lawyers with qualifications in tertiary education and adult learning (Cert IV TAA). PilchConnect aims to provide legal services to NFPs across Victoria, and our lawyers can travel to outer-metropolitan and regional areas.

PilchConnect is happy to be contacted by local councils, public sector bodies, NFP peak bodies, networks agencies and individuals about legal training for your members or for community organisations you regularly work with.

For all NFP training inquiries, please email us at  nfptraining@pilch.org.au, or contact the PILCH Training Officer directly on (03) 8636 4453.

'In Australia' special conditions for tax concession charities

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. Currently, the general rule is that entities seeking exemption from income tax must operate principally in Australia. This latest consultation seeks to restate and clarify this requirement.

PilchConnect's submission sought to bring to the attention of the Treasury particular concerns that we have regarding the impact that the draft legislation may have on small not-for-profit (NFP) organisations, and referred Treasury to the submission prepared by the University of Melbourne Law School's Not-for-Profit Project for a discussion of these and other salient issues arising from the proposed reforms. PilchConnect is particularly concerned that Treasury has not provided a sufficient explanation or justification for what we believe will be wide-reaching implications of the Exposure Draft should it be enacted in its current form.

PilchConnect has endorsed the recommendations put forward by Melbourne University in its submission, and strongly urged Treasury to have due regard to the matters raised in Melbourne University's response to the Exposure Draft.

In particular, we have urged Treasury:

• not to proceed with the introduction of a new definition of ‘not-for-profit entity';
• not to proceed with proposed s 50-50(3) (requirement to operate consistently with rules and purposes) or the repeal of s 50-75 (regarding gifts and government grants); and
• to delay the introduction of proposed legislation until the issues raised by our submission can be resolved and further explained to the sector.

PilchConnect's submission, and the Melbourne University submission, are available below:

PilchConnect concerned about RIS exemption for tax reforms affecting the NFP sector

PilchConnect has expressed concern that recent reforms affecting the not-for-profit (NFP) sector have been exempted from the requirement of a Regulation Impact Statement (RIS). A RIS is a document prepared by the government department responsible for a regulatory proposal, following consultation with affected parties. It is designed to achieve better regulation by supporting sound analysis, informed decision making and transparency. Generally, a RIS must be approved by the Office for Best Practice Regulation before it can proceed to Cabinet or other decision maker. However, an exemption from the RIS process can be granted in 'exceptional circumstances'.

This exemption from the RIS process has been granted for the Government's tax reforms in response to the recent Henry Review, which includes the proposals to impose tax on the unrelated commercial (business) income (UBIT) of NFPs, and introduce a statutory definition of charity.

PilchConnect is particularly concerned about the RIS exemption for the proposed UBIT, given that the Henry Review did not recommend the introduction of the tax.

PilchConnect and many other groups have recently made submissions to the Treasury consultation paper on "Better Targeting of not-for-profit tax concessions." Many of these submissions questioned the need for a UBIT, and expressed confusion and concern over the Government's proposed options for implementation. PilchConnect accepts the general principal that there is a need to ensure NFP tax concessions are well targeted, but it is clear that more thought (including a cost benefit analysis) about the various options is needed.

The RIS is the usual mechanism for this, but because the Government is departing from this regulatory ‘quality control' process, PilchConnect urges the NFP sector to be vigilant in examining the next stages and keep up the pressure on Government to implement smart, sensible reforms for the sector, especially in the absence of a RIS.

For further information on these reforms, please see the Legal Updates section of the PilchConnect webportal, below:

Update on reforms to Victorian incorporated associations

The Victorian Parliament recently passed the Consumer Acts Amendment Act 2011 which included, amongst other things, a proposal to defer the default commencement date for the reforms to the Associations Incorporation Act 1981. Currently, the reforms (which are explained by PilchConnect here) provide for a number of changes to the way Victorian incorporated associations must operate, with these changes originally intended to be brought into effect by 1 December 2011.

PilchConnect can now confirm that the implementation for the proposed reforms has been deferred to 1 July 2012, in order to allow enough time for new Model Rules to be developed, as well as providing an opportunity for consideration to be given to improve the regulatory approach to associations.

The Victorian Government intends to consult further with the not-for-profit sector throughout this extended reform process, and we urge you to keep track of these reforms via the PilchConnect e-bulletin to ensure you can have your voice heard during this period of exciting reforms for Victorian incorporated associations.

The Australian Taxation Office (ATO) has recently released a new version of its guide Tax basics for non-profit organisations. The guide provides an overview of tax obligations for not-for-profit organisations, and is a valuable resource for treasurers, officer bearers and employees involved in the administration of a not-for-profit organisation.

The guide will help you determine whether your organisation is 'not-for-profit' and explains a range of taxes and concessions that affect not for profit organisations, including: 

• Income tax;
• Goods and services tax;
• Employees and other workers;
• Fundraising;
• Record keeping, administration, and payment; and
• State/territory government taxes and duties.

To download or order the guide, follow the link below to the ATO website:

The Office of the Community Sector's Think Resources Summit is your chance to join other community sector organisations to explore ideas for doing things differently and find out about resources that will help develop your organisation.

Held on 18 October 2024 at Bendigo's Capital Theatre (complimentary transport is available from Melbourne) this free summit will feature a range of sector exhibitors, practical workshops and exciting speakers, including:

• The Hon. Peter Ryan MLA, Deputy Premier of Victoria and Minister for Regional and Rural Development; and
• Simon McKeon, 2011 Australian of the Year.

Key topics will include:

• Resources, resources, resources: how to get finance or capital development, how to get support from philanthropy and business and how to use what you have to the maximum;
• Innovation and technology: how ICT can really help you deliver;
• Getting the right workforce in place for emerging challenges and needs;
• New government, new context - what does it mean for you?

For further information, or to register, simply go to the Department of Planning and Community Development website, below:

Have you missed an earlier edition of PilchConnect's e-bulletin and want to get up-to-date? All of our previous newsletters are available on the PilchConnect website at the link below, including this month's edition!

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.

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To find out more about the legal services we provide, see: