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PilchConnect in 2012
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Welcome to the first PilchConnect e-bulletin for 2012.
We would like to ask a small favour of you. To help us understand what you want - and don't want - from this e-bulletin, we invite you to complete this quick survey (it will only take a moment - we promise!)
 PilchConnect e-bulletin survey
2012 is set to be a truly defining year for Australia's not-for-profit landscape.
At the Federal level, we will see the Australian Charities and Not-for-profit Commission (ACNC) open its doors on 1 July 2012. Following almost a decade of inquiries and recommendations, the establishment of an independent national regulator is a significant step in much-needed reform for Australia's not-for-profit sector. From 1 July, the ACNC will determine charitable status, provide education and support to the sector and administer a regulatory and reporting framework.
In Victoria, reforms for incorporated associations are set to come in to force, bringing changes that will clarify the legal roles and responsibilities of committee members, and introducing new requirements for governance and reporting of associations in Victoria. New Model Rules will also be finalised to reflect these reforms.
We will continue to keep you up to speed with the progress of these and other reforms, along with the usual training and seminar information, resources and tips, via this e-bulletin.
Again, please take a moment to help us by completing the quick survey at the link above.
Welcome to 2012!
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PilchConnect Seminar Series
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In 2012 PilchConnect will again provide monthly seminars on legal issues that affect not-for-profit community organisations. These seminars are provided with the generous pro bono support of PILCH member law firms. The provisional timetable for 2012 is now available on our website, here.
Navigating the Maze - An introduction to legal issues for not-for-profit community groups
PilchConnect's legal seminar series kicks off with our popular introduction to legal issues for not-for-profit community groups in Victoria.
This seminar is designed to help you navigate the ‘maze' of legal concepts, processes and requirements for community groups. It provides an overview of legal issues every community group should know about - especially useful if you are just getting started!
Generously hosted by the University of Melbourne and presented by PilchConnect lawyers, the session covers:
- Getting started - key concepts and issues to consider
- Incorporation - the pros and cons, how to do it
- Tax concessions - what are they? Can we get them and how?
- Duties of board/committee of management members
- Risk management and insurance.
This seminar will encourage questions and active participation from attendees. We invite multiple representatives from community groups to attend. Details of the seminar are:
Date: Friday 17 February 2025
Time: 10:00am - 4:00pm (registrations open at 9:30am)
Venue: Melbourne University Law School, Room 102, 185 Pelham Street, Carlton VIC
Fee (incl. GST):
$100 per person for small organisations (up to 10 EFT employees)
$200 per person for large organisations (more than 10 EFT employees)
To register, follow the link below:
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Law Reform & Policy (Federal)
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Australian Charities and Not-for-profits Commission (ACNC) Bill - Treasury Exposure Draft
The Federal Government has released for public consultation an Exposure Draft of legislation to establish the ACNC. From 1 July 2012, the ACNC will determine charitable status, provide education and support to the sector and administer a regulatory and reporting framework.
The ACNC Exposure Draft and explanatory materials seek to establish the ACNC, set out the objects and functions of the ACNC and provide a new national regulatory framework for the NFP sector.
The deadline for submissions to the Exposure Draft has been extended to 27 January 2025. Further information can be found on the Treasury website, below.
ACNC Bill - Treasury Exposure Draft
Review of NFP Governance Arrangements - Treasury Consultation Paper
On 8 December 2011, the then Assistant Treasurer, the Hon. Bill Shorten released a Consultation Paper on the current governance arrangements for the NFP sector.
The Consultation Paper seeks views from the sector and other stakeholders about which arrangements work best and what should be the core governance requirements for NFPs. The outcome of this review will feed into the legislation establishing the ACNC.
The deadline for submissions to the Consultation Paper has been extended to 27 January 2025. Further information can be found on the Treasury website, below.
Review of NFP Governance Arrangements
Reporting Framework for Charities - ACNC Implementation Taskforce Discussion Paper
The ACNC Implementation Taskforce has released a Discussion Paper regarding the functions and operations of the ACNC. The Discussion Paper canvases the design and implementation of the new reporting framework for charities that will be administered by the ACNC and is a central platform for the Government's vision of ‘report once use often' reporting for the NFP sector. The paper also seeks comments on the ACNC's public information portal and educative role.
Submissions to the Discussion Paper are due on 27 February 2025. Further information can be found on the ACNC Implementation Taskforce website, below:
ACNC Implementation Taskforce Discussion Paper
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ACNC Implementation Taskforce Community Consultations
In addition to the release of the Discussion Paper, the Taskforce will be conducting a series of face to face consultations from 30 January 2012. The Taskforce will be visiting Melbourne on 7 February 2025, and representatives from the community sector are encouraged to register their attendance.
The full timetable for the ACNC Taskforce Community Consultations, together with registration details, can be found on the website below:
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Law Reform & Policy (State)
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Occupational Health & Safety - National Harmonisation
As outlined in the December e-bulletin, changes to the new Occupational Health and Safety (OHS) laws, proposed to come into effect on 1 January 2012, have not in fact come into force in Victoria. The Victorian position in relation to OHS laws currently remains unchanged.
In September 2011, the Victorian Government issued a media release confirming that it would seek to delay the introduction of the national occupational health and safety harmonisation and called on the Commonwealth to defer its introduction for 12 months.
The State Government stated that, whilst it supports the principle of OHS harmonisation, it is seeking to assess the benefits and costs to Victoria. The Government has started work on a supplementary independent Regulatory Impact Statement (RIS) and will therefore not be in a position to proceed until the RIS has been undertaken and evaluated.
It remains unclear exactly when the Victorian Government will introduce the laws. However it is clear that as at 1 January 2012, there were no changes to the current Victorian OHS regime. PilchConnect will continue to notify readers of development of the Victorian Government's reform agenda as further details become available. For quicker updates, follow us on Twitter and Facebook.
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Introduction of the Association Incorporation Reform Bill 2011
In early December, the Association Incorporation Reform Bill 2011 (The Bill) was introduced in the Victorian Parliament. If passed, the Bill will replace the Associations Incorporation Act 1981 (Vic) in its entirety, bringing into effect a number of changes for Victorian incorporated associations, many of which have been deferred from earlier reforms from 2009 and 2010 (click here for information on these earlier reforms).
Some of the key reforms contained in the Bill are:
- Changes to the governance arrangements for incorporated associations, including new legislative duties of committee members;
- Reforms to the annual reporting requirements and audit thresholds;
- Merging of the Public Officer and Secretary roles;
- The removal of the current prohibition on trading;
- Changes to grievance and dispute resolution procedures;
- Amendments to winding up and external administration; and
- The introduction of new matters that must be provided for in an organisation's Rules.
With these scheduled reforms, we are likely to see the introduction of new Model Rules which will replace the current set. There will be some transitional arrangements in place for organisations electing to adopt these new Model Rules, further details of which will be available once the reforms have passed through Parliament.
The Bill is likely to be debated in the first half of 2012. PilchConnect will keep you updated on its progress through this e-bulletin. Our lawyers are also able to answer any questions you may have through our Telephone Advice Service.
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Tip of the Month
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New year, new volunteers - is it time for a new volunteer agreement?
A new year often brings with it opportunities for community organisations to engage new volunteers. Their attraction, recruitment and appointment is critical - and putting in the effort to ensure your engagement process is strong may save your organisation a lot of potentially difficult legal issues in the future.
Develop a volunteer agreement
Being clear from the outset about the relationship that you have with the people in your organisation means that you (and they) can understand with certainty how laws will apply. Some laws treat employees differently to volunteers - for example, intellectual property laws and some insurance policies. And because employees are entitled to certain benefits that volunteers are not (salary, superannuation, workers compensation etc) you and your volunteers need to know how they're being engaged.
One simple and effective way of doing this is through a volunteer agreement. This is a document that sets out the role and responsibilities of the volunteer, and is signed by your organisation and the volunteer. It can go a long way in preventing legal issues from arising in the future.
The first thing that your volunteer agreement should do is specifically confirm that the person is a volunteer. It may seem simplistic, but by confirming that an individual is a volunteer, you're taking steps to assist your organisation - as well as your volunteers - be clear about their rights and obligations under the law.
Confirm the volunteer role
Making sure your volunteers are clear about the role they are being engaged to undertake is important from both a practical and legal perspective. Practically, this will ensure that your volunteers understand what is expected of them. Legally, a volunteer needs to know what they can and cannot do and that the organisation is able to control this in certain ways.
In certain circumstances, your organisation can be legally responsible for the actions of your volunteers. Further information on whether your organisation may be liable for the actions of your volunteers is available on our website, below. There are exceptions to this general principal, including where a volunteer is acting outside their authority or contrary to instructions, which highlight the importance of being specific about what your volunteer is and isn't authorised to do.
There are many legal issues you need to consider when engaging and managing volunteers - enough for us to offer a full day training session on the issue! Luckily, there are a range of resources (both legal and non legal) available to help you through the process. For further information, see our website, below:
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How PilchConnect can help
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PilchConnect provides free and low cost legal information, training and legal advice to not-for-profit community organisations in Victoria. We also do law reform and advocacy work aimed at improving the legal framework and reducing red tape for the not-for-profit sector.
We can assist community organisations in a number of ways. For more information, click on the list below:
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