September Seminar: Tax basics - what exemptions and concessions is your organisation entitled to?

Tax is a word to strike fear into many hearts! Understanding the various tax concessions and exemptions available to not-for-profits is not always easy. This popular seminar will provide a back-to-basics overview of the tax regime that applies to not-for-profit community organisations. Topics will include:

• Tax exemptions and concessions that your group may be entitled to, 
• The basic features of Deductible Gift Recipient (DGR) status, the benefits of DGR endorsement, DGR categories and the application process involved,
• The ongoing requirements of DGR endorsement, and
• The new Australian Charities and Not-for-Profits Commission.

Details for the seminar are:

Date: Wednesday 19 September
Time: 9.30am - 12.30pm (registrations open at 9.15am)
Venue: Ashurst Lawyers, 181 William Street, Melbourne
Administration fee:
$50 per person for small organisations (up to 10 EFT employees)
$100 per person for large organisations (over 10 EFT employees)

To register for the seminar, follow the link below:

October Seminar: Social Media - NEW SEMINAR!

Social media - including Facebook, Twitter and other new communication platforms - is an increasingly vital tool for NFP community organisations. While social media can increase the reach of your organisation's messages, and provide new ways to interact with members and the public, it's important for your organisation to understand the risks involved, both legal and to your reputation. Come along to this timely seminar and find out how you can make the most of social media while avoiding the pitfalls.

This seminar is generously hosted by Corrs Chambers Westgarth and presented by social media experts Richard Leder (Partner) and Emily Kleidon (Senior Associate) from the firm.

Date: Wednesday 24 October 2024
Time: 9.30 - 12.30 (registrations open at 9.15)
Venue: Corrs Chambers Westgarth, Level 36 Bourke Place, 600 Bourke Street Melbourne

To register for the seminar, follow the link below:

November Seminar: The Associations Incorporation Reform Act 2012 and the ACNC - NFP Regulatory Update

2012 has seen a great deal of change in the regulatory environment for Victorian not-for-profit community organisations. Our final seminar for 2012 will provide an overview of the changes to the Victorian Incorporated Associations legistative framework and will highlight the particular issues your group needs to consider. Interactive scenarios will illustrate the changes and the potential impact on your organisation. Federal reforms are also underway, and we will outline the scope and operations of the new Australian Charities and Not-for-profits Commission, which opens its doors on 1 October 2012, and other changes on the horizon for charities and not-for-profits.

Ensure that you're on top of these important changes.

Date: Wednesday 21 November 2024
Time: 9.30am - 12.30pm (registrations open at 9.15am)
Venue: The Lionel Murphy Centre, 360 Queen Street, Melbourne

To register for the seminar, follow the link below:

Changes for Victorian incorporated associations

As readers of this e-bulletin will be aware, in April this year, the Associations Incorporation Reform Act 2012 was passed by the Victorian Parliament. The new Act introduces changes to the framework for Incorporated Associations and consolidates previous amendments passed in 2009 and 2010.

The Act has a delayed implementation, meaning the changes are not yet applicable.  The implementation date has not yet been confirmed. It is expected that the new Act will commence operation by 1 December 2012, but we understand the Act could be brought in to force earlier.

Model Rules that form an important part of the new framework are currently being drafted and will shortly be released for public consultation. PilchConnect will send e-bulletin subscribers a special edition once the new draft Model Rules have been released. If you would not like to receive this update, please email  connect@pilch.org.au.

For more information on the changes see our factsheet:  

New "PILCHcast" - audio legal update

In preparation for changes to the Victorian incorporated associations legislation, PilchConnect has been busy developing resources to assist both not-for-profit organisations and those who advise them on the practical impact new legislation will have. This month, we invite you to listen to our first series of "PILCHcasts" - audio legal updates presented by PilchConnect lawyers.

The PILCHcasts are aimed at lawyers working with not-for-profit organisations, but may be of interest to committee members or members of a Victorian incorporated association. There are three parts to the PILCHcast series:

• Part 1 - transitional issues for incorporated associations; 
• Part 2 - new rules for office holders and legal duties under the new legislation; and
• Part 3 - new considerations for running an association, members, meetings and reporting.

To access the PILCHcasts, visit our website below:

PilchConnect submission to the Senate Standing Committee on Community Affairs

The Australian Charities and Not for-profits Commission Bill 2012 (ACNC Bill), and related Not-for-profits Commission (Consequential and Transitional) Bill 2012, together with the Tax Laws Amendment (Special Conditions for Not‐for‐profit Concessions) Bill 2012 were tabled in the House of Representatives on Thursday 23 August. These three Bills were referred to the Senate Standing Committee on Community Affairs and the Parliamentary Joint Committee on Corporations and Financial Services. The Committees invited public submissions, and are expected to deliver their reports on 12 September 2012.

PilchConnect made a submission to the Senate Standing Committee on Community Affairs including the following key submissions:

1. We do not support the inclusion of the Tax Laws Amendment (Special Conditions for Not‐for‐profit Concessions) Bill 2012 in the current consultation, and continue to have reservations about the policy intent and impact the Bill will have on the NFP sector. 
2. We support the passage of the Australian Charities and Not‐for‐profits Commission Bill 2012, however we note ongoing concerns with some aspects of the legislative approach. 

The Financial Review quoted our broad support for the passage of the ACNC Bill and our concern that plain English drafting be adopted throughout the legislation. You can read the article via the Financial Review website, here.

PilchConnect's latest submission is available, below.

Ending a not-for-profit organisation 

An organisation may need to come to an end for a number of reasons. It may no longer want to pursue its objectives, no longer have enough members, funding or committed individuals - or the organisation may decide that it has simply run its course. 

Whatever the reason, there are certain steps that must be taken, depending on the legal structure of your group, to bring it to an end. To assist in what can be a technical process, we've developed a suite of summaries and FAQs covering the options open to your group and the processes involved. 

These new resources are now available on our website, below:

New Model Rules for Victorian incorporated associations

The Associations Incorporation Reform Act was passed by the Victorian Parliament in late April. The new legislative framework for Incorporated Associations includes new Model Rules. 

A draft of these new Model Rules will be released soon, and many organisations will need to consider how the new rules will affect their group. You will have the opportunity to provide comments on the draft Model Rules to the Government before the new Model Rules are finalised.

First, your incorporated association may not know whether it uses the Model Rules. To find out, request a copy of your rules from Consumer Affairs Victoria.   

We currently use the Model Rules - will we need to formally adopt the new Model Rules, or will they apply automatically?

If you use the current Model Rules, you will be able to operate under your current (or, ‘old') Model Rules for up to 12 months after the new Act starts. If your association does not elect to adopt the new Model Rules (or change its rules so that it no longer uses the Model Rules - with approval from Consumer Affairs Victoria) within 12 months of the start of the new Act, the new Model Rules will automatically replace your ‘old' Model Rules after the twelve month transition period.

We have our own rules - do we need to do anything under the new framework? 

If your organisation has adopted its own Rules (ie, you are not currently using the Model Rules), then the transitional provisions apply differently - in short, you can keep using your existing rules but there may be other rules that automatically apply. We will keep you posted about how to manage the transition via this e-bulletin and on our webportal, below.

For more information, see:  

 Pending reforms for Victorian incorporated associations

PilchConnect on the road.... 

On the 13th of August, an intrepid PilchConnect training team of lawyers, Stephanie Tonkin and Phoebe Duggan, headed to kelpie country - Casterton, in far western Victoria - to conduct training for sporting community organisations organised by Glenelg Shire Council. Phoebe and Steph presented training on Legal Duties for Committee Members and Managing Volunteers. In their next stop at Portland, Kate Fischer joined Steph for a further three sessions, including a very popular new seminar on reforms to the Incorporated Associations legislative framework. All five sessions were well received, and it was great to see some attendees at more than one session!

Thanks to the Sports and Recreation team at  Glenelg Shire Council who organised our visit (our second this year!) and to all the fabulous people we met representing their community organisations. 

If you are interested in PilchConnect coming to present  training for your community organisation, or a group of organisations (no matter where you are in Victoria) please call Senior Training Lawyer Stephanie Tonkin on (03) 8636 4400.

  PilchConnect legal training on request

PilchConnect funding!  

We are delighted to announce that PilchConnect has received multi-year funding from two trusts managed by Perpetual. The 3 year commitment of the H&L Hecht Trust is extremely welcome and will contribute enormously to the sustainability and development of our Victorian service. An additional grant from the Rowe Family Foundation for the 2012/13 financial year is a much appreciated contribution in a year of significant change for the sector. We look forward to continuing to work with Perpetual and the H&L Hecht Trustees to ‘help the helpers' through the PilchConnect service.

New Manager of Legal Information

Kate Fazio joins the PilchConnect team in the role of Manager of Legal Information. Kate has come from King & Wood Mallesons where she worked as a commercial lawyer. Previously, Kate worked at the not-for-profit organisation, the Australian Business and Community Network, coordinating the GOALS program that matches disadvantaged schools with corporate mentors. Kate also has a degree in Media and Communications, and has worked and volunteered in radio, television and the Melbourne International Arts Festival. She is looking forward to flexing her writing muscles to create resources to help not-for-profits understand and work effectively in the not-for-profit legal landscape. Welcome, Kate! 

PilchConnect has a great new opportunity for 2 volunteers with legal and plain English writing skills to join the team. Volunteers will assist in preparing resources for not-for-profits and telling PilchConnect stories. For role description and application process, visit our website: 

Researchers Wanted 

The ACNC Taskforce is developing its research strategy and is keen to hear from researchers about how it can best fulfil its public education function and support their work. One option under consideration is establishing a regular forum for engaging people with an interest in research relating to charities and not-for-profits. This could take the form of a mailing list, regular meetings, or the establishment of an online community. The ACNC is also considering bringing together some of the existing databases of resources and promoting the work of the research community through the Commission's website.

To offer feedback or just to get in touch, please contact Dr Fiona Tweedie, researcher, (Fiona.Tweedie@ato.gov.au) or Dr Joyce Chia, senior policy officer (Joyce.Chia@ato.gov.au).

The ACNC on YouTube

The ACNC has released two new YouTube clips: 

• What the ACNC will mean for charities – Watch the ACNC Taskforce YouTube video 
• The ACNC answers your concerns – Watch the ACNC Taskforce YouTube video 

Keep up to date with the ACNC by subscribing to the ACNC YouTube Channel: 

PilchConnect is a specialist legal service that provides legal help to not-for-profit community organisations.

We provide 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 addressing the wide range of legal issues that affect the not-for-profit sector.

To find out more about our services, visit our website below:

PilchConnect - Legal help for community groups.

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