An insight into proposed new system for Not-for-Profits
The Personal Liability of Director & Employees – Has it turned Governance on it’s head?
Statutory Definition of Charity
Liabilities For Board Members Under The Fair Work Act
Well Whadya Know – NFP Crisis Management
Political Lobbying and Your Charitable Status
Application of Federal Workplace Laws To Nonprofits
Legal Articles
David Locke, Chief Adviser to the Australian Charities and Not-for-profits Commission Implementation Taskforce, recently spoke at Russell Kennedy on the proposed new system for the not-for-profits sector. Some of the key issues arising from the adoption of a new system are outlined below. Start Date The registration of new charities...
The law of directors’ personal liability for the acts of their corporation has changed its choreography over the years. Directors used to be like wallflowers and the law wasn’t much interested in asking them to dance. In the latter part of the 20th century, however, spurred by corporate excesses, there...
The status of “charity” is the gateway to tax concessions for organisations in the welfare, religious, education and community sectors. The proposal to introduce a statutory definition of charity is a significant move in legal history. Over 400 years of case law on charities will be replaced by a definition...
Authors: Brian Herd/David Quinn, Carne Reidy Herd Lawyers One of the legacies of the WorkChoices era is a well resourced and bureaucratically motivated workplace “cop on the beat” – the Fair Work Ombudsman. The combination of a regulator with a brief to maintain a tough public profile, the financial resources...
Author: Brian Herd, Carne Reidy Herd Lawyers I was called in recently by a small not for profit CEO to help out with what we lawyers call some ‘crisis management’. The organization was being pursued by Fair Work Australia for some breaches of the new workplace laws. It was apparent...
Author: Joanne O’Brien, Not For Profit Services – Carne Reidy Herd Almost a year to the day after the Word Investments case, the ATO has suffered another loss in the High Court of Australia. This time, in the case of Aid/Watch Incorporated v Commissioner of Taxation, the High Court found...
Author: Brian Herd As a result of the referral of power by most States to the Commonwealth over industrial matters as of 1 January 2010, most not for profit organisations are now covered by Federal workplace laws. Until this referral took place, the assumption of many not for profit organisations...