Dear NFP Colleagues,

Last month we requested a small favour of you, and invited you to complete a quick survey on our e-bulletin. The feedback we've received has been overwhelmingly positive - my sincere thanks to those of you who have taken the time to respond.

For those of you who haven't had a chance to take the survey yet, fear not - there's still time! The survey will remain open until Wednesday 15 February and can be found at the link below. It will only take a moment (I promise).

 PilchConnect ebulletin survey 

Your feedback on our e-bulletin is particularly important for me in my role as the Manager of Legal Information and Training at PilchConnect. I'm passionate about developing high quality, practical tools and opportunities to help those involved in community organisations deal with what are at times complex legal concepts and requirements. Through our legal information and training programs, PilchConnect assists thousands of not-for-profits to understand their compliance, reporting and legal obligations - and my hope is that our service can help you achieve your mission and build an effective, sustainable and vibrant community sector.

You might be starting up or new to an organisation (in which case, why not register for our "Navigating the Maze" seminar?), or looking for practical tips on legal agreement-making (our March seminar "Contracts 101" might be for you, then!) - from the wide range of factsheets and resources on our webportal, to our exciting not-for-profit seminars and regional training, I hope that we have something for you.

As always, we welcome any suggestion you might have - simply email me or the team at connect@pilch.org.au

Warm regards,

Juanita Pope
Manager - Information and Training
PilchConnect

Navigating the Maze - An introduction to legal issues for not-for-profit community groups

*Final call for registrations* 

PilchConnect's legal seminar series for community organisations kicks off again in 2012 with our popular overview of legal issues for not-for-profit groups in Victoria.

This seminar is designed to help you navigate the ‘maze' of legal concepts, and requirements that community groups need to understand - especially useful if you are just getting started!

Generously hosted by the University of Melbourne and presented by PilchConnect lawyers, the session focuses on:

•  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; and
•  Risk management and insurance.

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, Lecture Room GM16, 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)

*If you are a very small volunteer-run organisation and cannot afford to pay, please contact us to discuss potential alternative arrangements.

To register, follow the link below:

March Seminar - Contract Law 101

Funding agreements, leases, contracts to purchase equipment or services... all of these, and more, are types of contracts that your organisation may come across in the course of its operations.

This seminar will explain the basics of contract law for community organisations: what you need to know and understand before you sign on the dotted line!

• What is a contract?
• What should we be aware of when negotiating a contract?
• What are my obligations and what happens if our situation changes or things go wrong?

Details of the seminar are as follows: 

Date: Wednesday 28 March 2025
Time: 9.30am - 12.30pm (registrations open 9:15am)
Venue: Clayton Utz, Level 18, 333 Collins Street Melbourne
Fee (incl. GST):  
$50 per person for small organisations (up to 10 EFT employees)
$100 per person for large organisations (more than 10 EFT employees) 

To register, follow the link below: 

PilchConnect Submission to the Australian Charities and Not-for-profits Commission (ACNC) Bill - Treasury Exposure Draft  

On 9 December 2011, the Federal Government 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.

In light of our broad support for the Commonwealth Government's commitment to establish the ACNC, our submission seeks amendments to the Bill which we believe will better achieve the creation of a regulator that is independent, has a clearly defined ambit, and is established on clear constitutional grounds.

In our view the ACNC requires a clearer hierarchy of objects and range of functions. It should also have the power to share and receive information with and from other regulators where appropriate.

The PilchConnect submission is available below:

 2012 Submission - ACNC Bill: Exposure Draft 

PilchConnect Submission to the Review of NFP Governance Arrangements - Treasury Consultation Paper

On 8 December 2011, the Federal Government released a Consultation Paper on the current governance arrangements for the NFP sector.

PilchConnect's submission to the Consultation Paper outlines a range of serious and fundamental concerns with the suggestions raised in the governance consultation paper and, in light of them, recommends that any changes to NFP governance arrangements be deferred. In our view, much more work is required before reforms should be introduced.

Further consultation with both the sector and State and Territory governments is also needed. PilchConnect submits that the aim should be for any agreed reforms (such as uniform core legislative duties) to be ready for commencement as part of a more cohesive package of changes on 1 July 2013.

The PilchConnect submission is available, below:

 2012 Consultation Paper - Review of NFP governance arrangements

ACNC Discussion Paper - Submissions due 27 February 

In December 2011, the ACNC Taskforce released for public consultation a discussion paper, seeking feedback on the functions and operations of the ACNC. The paper discusses 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 its educative role.

Submissions to the discussion paper are due on 27 February 2012.

The discussion paper, together with additional materials and information, can be found on the ACNC Taskforce website below.

 ACNC Discussion Paper 

In what has been hailed as a victory for workers in the social and community services (SACS) industry, Fair Work Australia (FWA) last week handed down its long-awaited decision in the Pay Equity case.

For information on the Pay Equity case, visit our website, below:

PILCH Submission - Consolidation of Commonwealth Anti-Discrimination Laws

In February 2012, PILCH made a submission to the Commonwealth Government in relation to its proposal to consolidate all federal anti-discrimination laws. PILCH's submission makes recommendations for reform based on client work and focuses on providing the Government with examples and case studies arising from PILCH's work.

Of particular importance to nor-for-profit organisations, PILCH's submission addresses the issue of whether (and how) volunteers and member based associations should be covered by federal anti-discrimination laws.

The submission addresses issues such as:

• refinement of the definition of discrimination;
• shifting the burden of proof in discrimination matters;
• positive duties to promote substantive equality;
• adding protection for discrimination based on a person's:
  • homelessness, unemployment status or receipt of social security; or
  • irrelevant criminal record;
• protection for volunteers and vicarious liability issues;
• review and removal of permanent exceptions; and
• the conciliation and court processes, including broadening the standing provisions.

To view the submission, visit the PILCH website, below:

Using mediation to resolve conflict involving your not-for-profit organisation

Disputes can prevent your organisation achieving its goals and see you heading for court, which is frustrating, expensive, time consuming and stressful. So resolving conflict and staying out of court is almost always in your organisation's best interests.

Mediation is a guided negotiation process used to resolve disputes and manage conflict. It can be a great way to reach a solution everyone can live with, without going to court. 

If your organisation is thinking about engaging in mediation, we recommend you:

• choose your mediator carefully; 
• think through what really matters to you about the dispute;
• try to narrow the issues in dispute; and
• give mediation your best shot!

The Dispute Settlement Centre of Victoria provides a free, confidential mediation services to committees, clubs and incorporated associations. For further information, visit the website below:

You might have noticed a few changes to the PilchConnect web portal recently. Here at PilchConnect we've been working hard behind the scenes to make sure that you have the information you need to run your organisation, that it is easy to find, easy to understand and legally accurate. 

This month, we're releasing a number of new resources, all designed to help ensure your limited resources are directed towards the important activities of your organisation.

Dealing with disputes and grievances with members of an incorporated association

All organisations face disputes and grievances at some point. When conflict starts disrupting your activities, you need to resolve it, properly and quickly. This information sheet is designed to help your organisation to handle disputes or grievances within your association effectively and legally.

This information sheet covers:

• what to do when there is a dispute involving members of your organisation;
• how mediation can help resolve a grievance;
• how closely you need to follow your organisation's grievance procedures;
• what are other options if your organisation is in disarray; and
• what kinds of grievances can be taken to court.

The information sheet can be found below: 

Financial reporting obligations for not-for-profit organisations

Whether your organisation is incorporated as an association, or a company limited by guarantee, the financial reporting obligations for a not-for-profit organisation can be confusing. But because of the potentially serious consequences for non-compliance, it is important that you understand what those obligations are and to whom they apply.

The following information sheets, available below and on our webportal, are designed to help your organisation understand:

• who is responsible for overseeing your organisation's finances;
• what financial records your organisation has to keep; and
• what kind of financial information you need to provide at your AGM and your regulator.

 Financial reporting obligations for a company limited by guarantee

 Financial reporting obligations for an incorporated association

Victorian Equal Opportunity and Human Rights Commission Equal Opportunity Workshop for NFPs

On 1 August 2011, new legislation came in to force bringing with it new protections for volunteers against sexual harassment. The Equal Opportunity Act 2010 has practical implications for those organisations that engage volunteers and it is important that your organisation is aware of its responsibilities under the new Act.

The Victorian Equal Opportunity & Human Rights Commission (VEOHRC) is offering a free workshop for community organisations that:

• highlights the important features of the Equal Opportunity Act 2010
• gives an overview of your rights and obligations under the law 
• considers the implication for your organisation's policies and practice
• outlines how the Commission can help you comply and work toward good practice. 

The workshop is offered on Tuesday 21 February or Tuesday 15 May, from 9.30am - 11.00am.

For further information, visit the VEOHRC website below:

PilchConnect is a specialist legal service which has been set up to provide legal help to 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.

To find out more about our legal services, visit our 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.

 PilchConnect e-bulletin