Dear not-for-profit colleagues,

Welcome to the April edition of PilchConnect's e-bulletin.

There is a significant amount of not-for-profit law reform happening at the moment, however one area that has attracted perhaps the most interest from our readers is the upcoming reforms affecting Victorian incorporated associations. The proposed changes seek to replace the existing Associations Incorporation Act 1981 (Vic) in its entirety, and introduce a number of changes to the way Victorian incorporated associations are run.

At the time of writing, the Victorian incorporated association reforms are awaiting debate in the Legislative Council (expected to occur in mid-April), and are on track for an implementation date of 1 July 2012. Along with the reforms comes a new set of Model Rules, and we have been assured that Consumer Affairs Victoria will be conducting an education and awareness campaign to assist incorporated associations in the transition process.

PilchConnect will continue to follow these (and other) reforms impacting on the not-for-profit sector, and we will use this e-bulletin and our webportal to communicate developments to you. If you would like further information on how these reforms will affect your organisation, feel free to contact us and a member of the PilchConnect team will be happy to speak with you.

Warm regards,

Nathan MacDonald
Manager - Advice 
PilchConnect

Internal Disputes: Handling conflict in community organisations - April seminar  

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:

Risk Management and Insurance - May Seminar  

Understanding risk management, and the benefits and limits to insurance is an important part of managing and protecting your organisation's people and assets.

What are the kinds of incidents that commonly occur in not-for-profit community organisations and how can you best manage your risks?

Would you like to understand the main types of insurance that are relevant to not-for-profit community organisations - what they cover and, just as importantly, what they don't? Do your board or committee members need insurance? What is volunteer insurance and when is it necessary? When do you need to notify your insurers about an incident?

This interactive and practical seminar will provide participants with an understanding of risk management processes and when they might want to consider insurance, as well as tips about what to look for in a policy.

Details of the seminar are:

Date: Wednesday 16 May 2024
Time: 9.30am - 12.30pm (registrations open 09:15am)
Venue: Middletons Lawyers, Level 25, Rialto South Tower
    525 Collins Street, Melbourne 3000
Fee (incl GST):
$50 per person for small organisations (up to 10 EFT employees)
$100 per person for large organisations (over 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 - 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. 

Date: Tuesday 24 April 2024
Time: 10.00am to 1.00pm
Venue: Creeds Farm Living & Learning Centre
           Cnr Redding Rise and Snugburgh Way, Epping North
Cost: $50 per person ($25 for VCOSS members) 

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

 Legal Duties of Board and Committee Members - Whittlesea 

Legal Issues in Managing Volunteers - Bendigo

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.  

Date: Thursday, 19 April 2024
Time: 10.00am to 4.00pm
Venue: St Andrews Uniting Church
            26 Myers Street, Bendigo
Cost: $50 per person ($25 for VCOSS members)

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

Government extends the start date for "Better Targeting of NFP Tax Concessions"

The Government has announced that it will extend the start date for the 2011/12 Budget measure to better target NFP tax concessions from 1 July 2024 to 1 July 2012.

In a joint statement, The Assistant Treasurer, David Bradbury, and Minister for Social Inclusion, Mark Butler, said they have been in close consultation with representatives from the NFP sector and the NFP Sector Reform Council and have heard the feedback from the sector about the need for more consultation.

This extension of the start date of the measure will provide for additional time for consultation and it will reduce the uncertainty for those in the sector who have commenced commercial activities since the 2011-12 Budget that may be caught by the measure.

According to the statement, the extended start date of 1 July 2024 will only apply to new unrelated commercial activities that commenced after 7:30 pm (AEST) on 10 May 2011. Existing unrelated commercial activities that commenced prior to that date will continue to be covered by transitional arrangements as announced in the 2011-12 Budget.

To read PilchConnect's submission to Government on the budget measures, visit our website below:

 2011 Treasury Consultation Paper - Better Targeting of NFP Tax Concessions

Australian Charities and Not‐for‐profits Commission: Implementation Design Discussion Paper  

In December 2011, the Australian Charities and Not-for-profit Commission (ACNC) Implementation Taskforce released a Discussion Paper regarding the functions and operations of the ACNC. PilchConnect's response to the Discussion Paper considers the functions and operations of the new ACNC and, in light of our broad support of the ACNC, makes the following key points:

• We recommend the draft Annual Information Statement be amended to ensure complete alignment between ACNC reporting requirements and the national Standard Chart of Accounts, which have been developed specifically to cover the needs of the NFP sector. 
• The current lack of clear transitional arrangements has the potential to create considerable anxiety throughout the sector. Steps should be taken wherever possible to avoid imposing unnecessary reporting requirements on existing charities. We recommend that the ACNC implement transitional arrangements that enable charities to lodge financial reports in accordance with their existing requirements for at least the first reporting period. 
• It needs to be clear to charities what their information is being collected for, how it will be used, and most importantly what information provided to the ACNC will be made available on the public information portal.

For further details on the Discussion Paper, or to read PilchConnect's submission, click on the link:

Changes for Incorporated Associations 

The Associations Incorporation Reform Bill 2011 was passed with amendments by the Legislative Assembly on 29 March 2012. It is expected to be debated in the Legislative Council in mid April. If passed, the Bill will incorporate reforms to the Associations Incorporation Act 1981 passed in 2009 and 2010 and consolidate them in a re-write of the Act. 

We will continue to track the Bill and update readers of this e-bulletin as more information comes to light. Further information is available on our webportal, below, or by calling our telephone advice service.

Online fundraising is a great way of raising money for your activities. But it is important to take care when running an online fundraising campaign - and remember, there are legal obligations that your organisation will have to meet.

Are there specific laws that apply to online fundraising campaigns?

In Victoria, there are currently no separate laws for online fundraising - so organisations seeking to raise money via the internet must comply with Victoria's fundraising laws generally, and any other laws relating to both the internet and raising money. Because the law in Victoria doesn't specifically refer to web-based fundraising appeals, there is little in the way of guidance on how to manage the legal side of online fundraising campaigns - and it can be confusing!

Each State and Territory has its own fundraising laws (except for the Northern Territory) - which, given the cross-border nature of online fundraising, makes it challenging. In some States, online fundraising is referred to specifically in the law which means there are certain requirements that need to be met if your organisations wants to raise money via the internet.

So, what does your organisation need to do to raise money online?

• Unless your organisation is exempt from registering as a fundraiser, you will need to register with Consumer Affairs Victoria if you intend to conduct online fundraising activities in Victoria. Further information on whether you need to register as a fundraiser and the ongoing legal obligations relating to fundraising activities can be found on our website. 
• Given the reach of an online fundraising campaign outside of Victoria, you may need to consider whether your organisation is required to register as a fundraiser in other States and Territories. The position differs from State to State - so you should contact each State or Territory fundraising authority and obtain their individual position. 
• Remember! It's not just fundraising laws that will apply to online fundraising activities. Other laws may apply. For example, not-for-profit organisations, community service organisations and non-government organisations that are regulated by the Spam Act must comply with the Spam Act rules. Contact our telephone advice service for further information on other laws that might apply to your online fundraising activities. 

The issue of online fundraising is one that causes considerable confusion amongst many not-for-profits. Charitable fundraising, more generally, is currently the subject of a Treasury Discussion Paper that PilchConnect is responding to. Our submission will be available on the PilchConnect webportal soon. 

For more information on fundraising laws in Victoria, visit our webportal, below:

Nominations for the annual Ben Bodna Award are open for 2012. The Ben Bodna Award will provide grants of up to $10,000 a year for individuals seeking to advance knowledge and practice in the fields of social justice, community, disability or bio-ethics. Applications close on 31 May 2012. 

Further information about Ben Bodna and the Award can be found at the VCOSS website, below. 

Hundreds of people got out of bed early last year to Walk for Justice and raised over $9000 to help disadvantaged clients access free legal services.

The Walk for Justice, now in its fifth year, celebrates National Pro Bono Day and raises much needed funds for the Public Interest Law Clearing House Vic (PILCH).

We are an independent, not-for-profit organisation which provides free legal assistance for the most vulnerable. We also seek to address the systemic causes of injustice. We work with asylum seekers, seniors, community organisations, people experiencing homelessness, and other areas of unmet legal need.

The Walk for Justice raises much needed funds which help with this work. You can support this walk either by registering to walk, sponsoring a walker or donating.

Details of the 2012 Walk for Justice are as follows: 

  Date: Tuesday, 15 May 2024
  Start Time: 7.30am - meet at the steps of Parliament House.
   Cost: $20 for individual walkers, $10 for students and $180 per team of 10.

For more information visit the website below, or call Toni Hynes on 03 8636 4400.

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:

 PilchConnect - Legal help for community groups. 

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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