Dear not-for-profit colleagues,

I have some personal news - after almost 6 years with PILCH, I have accepted the position of Director, Policy & Education with the (about to be established) Australian Charities and Not-for-profits Commission. As I said in my interview, this is the only job that would entice me away from PilchConnect!

Before I joined PILCH I did some research in the Law School at Melbourne University - it involved a national survey of not-for-profits. From that research I decided that there were two things that could really make a difference - a support service for small to medium not-for-profits and an independent national regulator. For the former, I have had the privilege of being closely involved with PilchConnect right from the start. Now I have a chance to help kick start the second, via the Commission.

PilchConnect makes a direct and practical difference for 1000s of people (like you) who are trying to understand their regulatory obligations so they can run effective not-for-profit groups. PilchConnect covers the common legal issues that arise during the lifecycle of a group (incorporation, taxation, volunteer liability, contracts, OH&S, winding up and everything in between). The Commission won't change the need for this help but I hope, if I can do my bit properly, there won't be 1000s of calls to PilchConnect asking what this new Commission is trying to do!

I know that the talented and committed PilchConnect team will be onward and upward - all of you who have spoken to them, met them at training or read one of the fact sheets will agree that they are knowledgeable, passionate, and hard working. I will miss them a lot but, given the nature of my new role, I am sure I will still be in touch with them and many of you.

Keep up the work you do because I believe it makes such a difference!

Warm regards,

Sue Woodward

March Seminar - Contract Law 101

Funding agreements, leases, contracts to purchase equipment or services... all of these, and more, are the 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 we are negotiating a contract?
• What are our 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 at 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:

April seminar - Internal Disputes: Handling conflict in community organisations

Healthy debate is good for your organisation, but if internal conflict and disputes are preventing your organisation from achieving its goals then it's time to take action. This new seminar for 2012 will cover disputes and conflict involving members of community organisations and will help you handle these situations effectively AND legally. Topics covered will include:

• dispute resolution/grievance procedures under your rules or constitution
• disciplinary action, and
• other options for dispute resolution.

Details of the seminar are:

Date: Tuesday 17 April 2024
Time: 9.30am - 12.30pm (registrations open at 9.15am)
Venue: Maddocks Lawyers, 140 William 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, click on the link:

We're delighted to partner with the VCOSS Clearinghouse once again to deliver training to people involved in not-for-profit organisations in regional Victoria. In addition to our popular Legal Duties of Committee and Board Members session, this year we are also delivering full-day training on Legal Issues in Managing Volunteers.

Legal Duties of Board and Committee Members 

March/April in Sale and Whittlesea

This training is suitable for new or existing not-for-profit board/committee of management members who are seeking a refresher on their roles and legal responsibilities. 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. 

Sale Seminar:

Date: Thursday 29 March 2025
Time: 2.00pm to 5.00pm
Venue: Wellington Shire Council Office
70 Foster Street, Sale, Victoria 
Cost: $50 per person ($25 for VCOSS members)

Whittlesea Seminar:

Date: Tuesday 24 April 2024
Time: 2.00pm to 5.00pm
Venue: To be confirmed (Whittlesea)
Cost: $50 per person ($25 for VCOSS members) 

To register for either the Sale or Whittlesea seminar, and for further information, please visit the VCOSS Clearinghouse website below:  

Legal issues in managing volunteers 

This seminar is designed for volunteer managers and those involved in coordinating volunteers in a NFP organisation. Participants will systematically analyse the ‘life-cycle of a volunteer', identify key legal risks at each stage, and learn simple procedures to minimise/avoid risks. The session will draw on current case law and hypothetical examples. Participants will be provided with template documents for use in their volunteer programs. There will also be time for a Q&A session. In April, we'll be in Bendigo to deliver the training.

Date: Thursday, 19 April 2024
Time: 10.00am to 4.00pm
Venue: To be confirmed (Bendigo)
Cost: $50 per person ($25 for VCOSS members)

To register for the Bendigo seminar, or for further information, please visit the VCOSS Clearinghouse website below:

Changes for Victorian incorporated associations

In early December, the Associations Incorporation Reform Bill 2011 (the Bill) was introduced to the Victorian Parliament. If passed, the Bill will replace the Associations Incorporation Act 1981 (Vic) entirely and bring into effect changes for Victorian incorporated associations, many of which have been deferred from earlier reforms from 2009 and 2010.

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 also likely to see the introduction of new Model Rules which will replace the existing Model Rules.

PilchConnect supports any amendments to the Associations Incorporation Act which would make the law easier to navigate for those involved in incorporated associations.

Unfortunately, we are concerned about the drafting of the Bill, and we have been actively sharing these concerns with Government since the Bill was first released. You can read our key concerns by clicking here.

PilchConnect will keep you updated on progress of the Bill through this e-bulletin. Our legal team can answer any questions you may have - just call our Telephone Advice Service.

Treasury Discussion Paper - Charitable Fundraising Regulation Reform

The Parliamentary Secretary to the Treasurer, the Hon. David Bradbury MP, recently released the long-awaited consultation paper on reforms to the regulation of charitable fundraising.

The consultation paper provides information and seeks comment on a proposed framework for a nationally consistent approach to fundraising regulation, in particular:

• the impacts (financial or otherwise) of existing fundraising regulation on the costs faced by charities
• defining the scope of regulated activities - including activities that may be exempt from regulation
• regulating the conduct of fundraising
• information disclosure at the time of giving
• information disclosure after the time of giving
• internet and electronic fundraising, and
• fundraising by third parties on behalf of charities.

Submissions to the consultation paper are due on Thursday 5 April 2012 and PilchConnect will provide details of our submission to the Consultation Paper in due course. 

The consultation paper and further information are available on the Treasury website: 

News just in - Government delays the start date of the ACNC

The Federal Government has announced that the Australian Charities and Not-for-profits Commission (ACNC) will open its doors on 1 October 2024 - three months later than the planned start date of 1 July 2012.

Assistant Treasurer Mark Arbib and Minister for Social Inclusion Mark Butler said that the three month extension would provide more time for the sector and Government to continue to work together to finalise the legislation. 

According to a media release prepared by the Government, the extension in the commencement of the ACNC will not affect the announced introduction of a general reporting framework and the establishment of a public information portal by 1 July 2013, as well as the introduction of a statutory definition of 'charity' by 1 July 2013.

PilchConnect will continue to keep you up to speed with the reform process via this e-bulletin, twitter and facebook.

Disputes within Victorian incorporated associations 

All not-for-profit community organisations have to deal with conflict sometimes. Healthy debate is good for your organisation, but if conflict and disputes are preventing your organisation from achieving its goals, you need to know how to handle it effectively and legally, before it escalates.

Last month, we released the first of a suite of resources dealing with disputes and conflict involving members of a community organisation. This month, we are pleased to launch additional resources designed to answer your incorporated associations burning questions:

• Removing or disciplining a member
• Removing a committee member from the committee
• Going to court about an internal dispute, and
• Using mediation to resolve conflict and disputes.

Information sheets on each of these topics are available now on our website:

The importance of acting within the purposes of your organisation

As a committee or board member, it is your role to make decisions which will help your organisation to achieve its purposes or objects.

But what are your organisation's official 'purposes'? And where would you find them?

For Victorian incorporated associations, your organisation's purposes are found in your 'statement of purposes'. Currently, this is separate from your organisation's rules (although when the reforms for incorporated associations commence, the statement of purposes and rules will be included in a single document). Your association must lodge its statement of purposes with Consumer Affairs Victoria when you apply for incorporation. The statement of purposes can be changed (in the same way that you can change your rules) by passing a 'special resolution' at a general meeting of members and registering the changed statement with Consumer Affairs Victoria within 28 days. When this is done, the change official.

The constitution of companies limited by guarantee should contain an ‘objects' clause which sets out your organisation's official purposes. To change your constitution, including your objects clause, your organisation must pass a special resolution of members at a general meeting. The change becomes official as soon as it has been approved by the members of the organisation. You must provide a copy of the changes to your constitution to ASIC within 14 days.

A committee or board member should:

• know what your organisation's purpose's are;
• understand what they mean, and
• only make decisions that are within the scope of those purposes.

At PilchConnect, we rely on the experiences of our clients to:

• inform our law reform and policy work
• form practical case studies that demonstrate how the regulatory framework for not-for-profit organisations can be improved, and
• highlight how we've helped not-for-profit organisations understand their legal obligations.

In light of this, we invite you to share your story.

How has PilchConnect helped your organisation understand a legal issue?

You may have:

• attended a training session
• read one of our online fact sheet
• spoken with one of our lawyers over the phone, or
• received pro bono legal assistance from a PILCH member firm. 

We're interested in how we have helped those of you at the coalface of the not-for-profit sector to do what you do best - assisting marginalised and disadvantaged people, contributing to the community or bringing people together to support a common cause.

Please email  connect@pilch.org.au to share your experiences - your stories are valuable to us, and we welcome your input.

PilchConnect is a specialist legal service which provides 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.

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To unsubscribe, please click here. To subscribe, please click here. If you would like to contribute to, or provide feedback about this e-bulletin, please email connect@pilch.org.au.