Past Law Reform and Advocacy
2009 Safe Work Australia - National Harmonisation of OHS Laws
In July 2008, the Council of Australian Governments (COAG) formally committed to the harmonisation of OHS legislation by signing an Intergovernmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety.
In late 2009, the public was given an opportunity to provide comments on draft legislation. PilchConnect provided the following submission to the review which focussed on the rights and liabilities of volunteers and community organisations under the proposed model.
2009 Victorian Government - Early Childhood Development Sector Consultation
The Department of Education and Early Childhood Development consulted with key stakekholders into reducing the 'red tape' on schools and early childhood development providers.
The submissions received are intended to informed the Victorian Government about the experiences of the early childhood development sector into working with current Commonwealth, State and Local Government regulations.
A program of reviews will be undertaken by the Victorian Government in the second half of 2009.
2009 Commonwealth Senate Inquiry into Access to Justice
The Commonwealth Senate Committee has undertaken an inquiry into the ability for people to access legal representation, the adequacy of legal aid, and the adequacy of funding arrangements for community legal centres.
PilchConnect's submission to this inquiry has called for the Committee to give consideration to those access to justice issues currently faced by the not-for-profit (NFP) community, particularly within small to medium organisations that are heavily reliant on volunteers and often lack the resources to be able to afford legal advice.
The submission also urges the Committee to support moves for regulatory reform for the NFP sector to reduce the regulatory burden on NFP organisations in line with the recommendations made by the 2008 Senate Economics Committee Report on Disclosure regimes for charities and not-for-profit organisations.
The Senate Committee is expected to finalise its report by 17 August 2009.
2008 Commonwealth Senate - Henry Tax Inquiry
The Australia’s Future Tax System Review Panel by the Senate Economics Committee.
PilchConnect made submissions with regard to tax concessions provided to charitable and related entities under taxation legislation as regulated by the Australian Taxation Office.
This submission should be read in light of overarching recommendations for a better regulatory framework for the not-for-profit sector made in our more comprehensive submission to the current Senate Inquiry into Disclosure Regimes for Charities and Not-For-Profit Organisations (see below).
2008 Commonwealth Senate - Disclosure regimes inquiry
2008 Commonwealth Parliament Senate (Economics Commitee) Inquiry into disclosure regimes for charities and not-for-profit organisations.
PilchConnect's submission emphasised the need for better underpinning for the not-for-profit (NFP) sector including:
- an independent national regulator for the sector
- improved NFP-specific legal structure(s) that allow the benefits of incorporation with minimum expense but also flexibility to met the needs of the diverse range of organisations within the sector, and
- uniform fundraising and disclosure requirements based on a sliding scale, where disclosure obligations are proportionate to NFP size.
The submission draws together the recommendations and findings of numerous government, independent and academic reports with PILCH's experience of 14 plus years of brokering pro bono legal assistance for NFPs. Sue Woodward, PilchConnect Manager, was invited to attend an expert panel hearing of the Senate Committee. The Inquiry has now completed its final report with many of the PilchConnect recommendations being adopted (see below for links to the PilchConnect media release, comparative table and the final Senate Committee report.)
On 22 June 2024 the Government tabled its response to the inquiry. The Government was cautious in its response, deferring the vast majority of the Senate Committee's recommendations until the completion of the ongoing Henry Review and Productivity Commission study - each with relevance to the NFP sector and to which PilchConnect also made submissions.
2008 Victorian Parliament - Public service information inquiry
2008 Victorian Parliamentary Inquiry into improving access to Victorian public sector information and data
PilchConnect made a submission to the Economic Development and Infrastructure Joint Investigatory Committee of the Victorian Parliament in relation to its inquiry into improving access to Victorian public sector information and data. Our submission focused on the positive impact the release of public sector information could have for Victoria's significant not-for-profit (NFP) sector.
In particular, the submission recommended that the Victorian Government consider making the information it collects about NFP organisations freely available to the public via on-line searching. The submission drew the Committee's attention to the support provided by government to 'Guidestar' applications (free, online, fully searchable databases of NFP information) in other jurisdictions such as UK (see guidestar). The submission also drew attention to the fact that the imposition of charges for the release of public sector information impacts heavily on the NFP sector and urged the government to consider the NFP sector when looking at release pricing options. Our submission was cross-endorsed by the Victorian Council of Social Services (VCOSS).
The Committee is due to report to Parliament by the 30 June 2009.
2008 Victorian Office of Gaming and Racing - Bingo review
2008 Victorian Office of Gaming and Racing Bingo review
PilchConnect supported most of the Office of Gaming and Racing's proposed reforms to bingo rules and suggested some variations.
2007 Commonwealth Treasury - Unlisted public companies review
2007 Commonwealth Treasury Review of Companies limited by guarantee
The Commonwealth Treasury as part of its review of the Corporations Act generally examined the provisions that relate to financial reporting by unlisted public companies. This group of companies includes companies limited by guarantee.
This Federal review is important because it could alter the reporting obligations of about 11,000 existing not-for-profit (NFP) organisations. If reforms are made, it could also influence the legal structure chosen by existing and future NFPs (eg. whether to be incorporated as a company limited by guarantee or an incorporated association).
PilchConnect, with support from its member firm Clayton Utz, held an (informal) expert think tank to discuss the questions raised under the Federal review and the broader issue of the most appropriate regulatory framework for NFPs. Drawing on the think tank discussion, PilchConnect made a written submission (August 2007).
For more details of where this is at see the The Commonwealth Treasury Discussion Paper below.
2007 Victorian State Services Authority (SSA) - Not-for-profit regulation review
2007 Victorian Government - Stronger Community Organisations Project (SCOP)