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GOVERNING A NOT-FOR-PROFIT ORGANISATION Unpack the A-Z of governance and make sure you are fully aware of your legal responsibilities as a board or committee. You’ll learn about governance versus management, key legal duties, purposes and rules. Legal roles of committee/board members as decision makers. Differences between governance and management. Legal structure and status ofBACKGROUND CHECKS
Background screening and Working with Children Checks. Not-for-profit Law has produced comprehensive guides on Working with Children Checks. The guides for each state and territory are below. plus-circle. minus-circle. The following information is relevant to organisations operating in Victoria. Background screening. INTELLECTUAL PROPERTY IP Australia is the government agency that is responsible for administering intellectual property laws in relation to patents, trade marks, designs and in Australia. Their site provides information and resources on each of these areas of intellectual property law. The ACC is an independent, not-for-profit organisation that providesinformation
DOCUMENTS, RECORDS AND REQUESTS FOR ACCESS Extra sources of record-keeping obligations. Employee records: Under the Fair Work Act 2009 (Cth), an employer must make, and keep for seven years, employee records in relation to each of its employees, containing the information specified in the Fair Work Regulations 2009 (Cth). Fundraising: The Fundraising Act 1998 (Vic) requires records and accounts relating to a fundraising appeal to be GUIDE TO FUNDRAISING LAWS IN AUSTRALIA Guide to fundraising laws in Australia | 2020 5 This section: sets out what is covered by each part of this guide introduces the steps in the process of identifying and complying with relevant fundraising laws, and explains terminology used in this guide Each Australian state and AMALGAMATION AND MERGERS Expand for information for incorporated associations based in Queensland. The fact sheet below summarises the amalgamation process under the Associations Incorporation Act 1981 (Qld). It includes information regarding: what is the effect of amalgamation and whether amalgamation is the best option for your organisation. RAFFLES AND MINOR GAMING This is the Act that regulates all types of gambling and gaming in Victoria, as well as raffles and minor gaming activities. Chapter 8 of the Act relates to community and charitable gaming. These Regulations set out the details of many of the laws that apply to raffles and other minor gaming activity. NOT-FOR-PROFIT LAW @ JUSTICE CONNECT Welcome to the Information Hub. Please select the jurisdictions you are interested in reading about to filter content on this site. Content about Federal laws will display in addition to content about laws for any state or territory selected. GOVERNANCE AND LEGAL DUTIES OF OFFICE HOLDERS NEW FUNDING AND FINANCING MODELS Financing glossary. To assist in your organisation's understanding of debt financing, equity financing, social impact investing and investors (definitions and resources), Not-for-profit Law has developed a comprehensive financing glossary. It is a useful tool for reading alongside our other resources in this section on new fundingapproaches. PDF.
GOVERNING A NOT-FOR-PROFIT ORGANISATION Unpack the A-Z of governance and make sure you are fully aware of your legal responsibilities as a board or committee. You’ll learn about governance versus management, key legal duties, purposes and rules. Legal roles of committee/board members as decision makers. Differences between governance and management. Legal structure and status ofBACKGROUND CHECKS
Background screening and Working with Children Checks. Not-for-profit Law has produced comprehensive guides on Working with Children Checks. The guides for each state and territory are below. plus-circle. minus-circle. The following information is relevant to organisations operating in Victoria. Background screening. INTELLECTUAL PROPERTY IP Australia is the government agency that is responsible for administering intellectual property laws in relation to patents, trade marks, designs and in Australia. Their site provides information and resources on each of these areas of intellectual property law. The ACC is an independent, not-for-profit organisation that providesinformation
DOCUMENTS, RECORDS AND REQUESTS FOR ACCESS Extra sources of record-keeping obligations. Employee records: Under the Fair Work Act 2009 (Cth), an employer must make, and keep for seven years, employee records in relation to each of its employees, containing the information specified in the Fair Work Regulations 2009 (Cth). Fundraising: The Fundraising Act 1998 (Vic) requires records and accounts relating to a fundraising appeal to be GUIDE TO FUNDRAISING LAWS IN AUSTRALIA Guide to fundraising laws in Australia | 2020 5 This section: sets out what is covered by each part of this guide introduces the steps in the process of identifying and complying with relevant fundraising laws, and explains terminology used in this guide Each Australian state and AMALGAMATION AND MERGERS Expand for information for incorporated associations based in Queensland. The fact sheet below summarises the amalgamation process under the Associations Incorporation Act 1981 (Qld). It includes information regarding: what is the effect of amalgamation and whether amalgamation is the best option for your organisation. RAFFLES AND MINOR GAMING This is the Act that regulates all types of gambling and gaming in Victoria, as well as raffles and minor gaming activities. Chapter 8 of the Act relates to community and charitable gaming. These Regulations set out the details of many of the laws that apply to raffles and other minor gaming activity. NEW FUNDING AND FINANCING MODELS Financing glossary. To assist in your organisation's understanding of debt financing, equity financing, social impact investing and investors (definitions and resources), Not-for-profit Law has developed a comprehensive financing glossary. It is a useful tool for reading alongside our other resources in this section on new fundingapproaches. PDF.
GOVERNING A NOT-FOR-PROFIT ORGANISATION Unpack the A-Z of governance and make sure you are fully aware of your legal responsibilities as a board or committee. You’ll learn about governance versus management, key legal duties, purposes and rules. Legal roles of committee/board members as decision makers. Differences between governance and management. Legal structure and status of MEMBERS | NOT-FOR-PROFIT LAW @ JUSTICE CONNECT A member of a not for profit organisation is someone who has satisfied the requirements of formal membership of the organisation. The organisation’s rules or constitution will set out the membership process ( members must consent to becoming a member of an organisation), whether there is more than one type of member andwhether your
WORK HEALTH AND SAFETY The purpose of the Work Health and Safety laws (WHS laws) are to protect the health, safety and welfare of employees, volunteers and other persons who are at, or come in to contact with a workplace.Different laws exist in each state and territory. New South Wales, South Australia, Queensland, the Northern Territory, ACT and Tasmania have ‘harmonised’ their WHS laws by enacting similar RAFFLES AND MINOR GAMING This is the Act that regulates all types of gambling and gaming in Victoria, as well as raffles and minor gaming activities. Chapter 8 of the Act relates to community and charitable gaming. These Regulations set out the details of many of the laws that apply to raffles and other minor gaming activity.HOLDING MEETINGS
The main legal considerations for holding meetings include: whether there are strict requirements to hold meetings or special rights to call a meeting. providing proper notice (time periods, content of notice and required recipients) meeting quorums (minimum number of people present to make a meeting valid) how and when to adjournmeetings.
DEFAMATION | NOT-FOR-PROFIT LAW @ JUSTICE CONNECT At worst, defamation can land you in court. If you want to know more about defamation, read our fact sheet below. Our fact sheet explains: what defamation is. who can sue and be sued, and. some of the available defences for those defending a defamation claim. It also includes some practical guidance for organisations to avoid the risksof
AUSPICING | NOT-FOR-PROFIT LAW @ JUSTICE CONNECT Auspice agreements are often used to help certain community organisations to access funding for their activities. Some common auspicing arrangements include: auspicing of one-off events such as art exhibitions, concerts, fairs or festivals by arts organisations. auspicing of pilot projects or program trials. auspicing to incubatestart-up groups.
INTERNAL CONFLICT
Removing a committee member from the committee. The committee of management (or board) of a Victorian not-for-profit incorporated association controls and manages the business and affairs of the organisation. Sometimes an organisation's ability to achieve its aims is disrupted because a committee or board member is behavinginappropriately.
ENDING AN ORGANISATION Ending an organisation is different to merging or amalgamating with another association (where two or more organisations combine), although sometimes it may be necessary to bring an organisation to an end after a merger or amalgamation is complete. GOVERNING A NOT-FOR-PROFIT ORGANISATION Unpack the A-Z of governance and make sure you are fully aware of your legal responsibilities as a board or committee. You’ll learn about governance versus management, key legal duties, purposes and rules. Legal roles of committee/board members as decision makers. Differences between governance and management. Legal structure and status of NEW FUNDING AND FINANCING MODELS Financing glossary. To assist in your organisation's understanding of debt financing, equity financing, social impact investing and investors (definitions and resources), Not-for-profit Law has developed a comprehensive financing glossary. It is a useful tool for reading alongside our other resources in this section on new fundingapproaches. PDF.
DEFAMATION | NOT-FOR-PROFIT LAW @ JUSTICE CONNECT At worst, defamation can land you in court. If you want to know more about defamation, read our fact sheet below. Our fact sheet explains: what defamation is. who can sue and be sued, and. some of the available defences for those defending a defamation claim. It also includes some practical guidance for organisations to avoid the risksof
NATIONAL VOLUNTEER GUIDE (PART 5) National Volunteer Guide (Part 5) | 2020 7 While both the organisation and volunteer need some certainty on the volunteer’s role and when the volunteer will be volunteering, it’s also important to remember a key aspect of a genuine volunteer GUIDE TO FUNDRAISING LAWS IN AUSTRALIA Guide to fundraising laws in Australia | 2020 5 This section: sets out what is covered by each part of this guide introduces the steps in the process of identifying and complying with relevant fundraising laws, and explains terminology used in this guide Each Australian state andDUTIES GUIDE
Duties Guide | 2021 6 This part covers: the origins of legal duties the role of a committee member, and what not-for-profit organisations are covered in this guide This guide is about the legal duties that apply to people involved in governing not-for-profit organisations in Australia – that is, people who sit on a committee or board, or areoffice holders
WHICH INCORPORATED LEGAL STRUCTURE SHOULD WE CHOOSE? (ACT) Legal information for ACT community organisations This fact sheet covers: an overview of four common legal structures that can be used to incorporate a not-for- profit organisation some options for changing between legal structures, and international recognition of different legal structures This fact sheet provides general information about the incorporated legal structures available to INSURANCE AND RISK MANAGEMENT FOR COMMUNITY ORGANISATIONS Insurance and risk management for community organisations | 2019 9 If you are involved in a community organisation, no matter what size, it’s a good idea to spend at least a short amount of time discussing two simple questions: CHECKLIST - ISSUES TO COVER IN AN AUSPICE AGREEMENT Checklist - Issues to cover in an auspice agreement | 2018 3 Dispute resolution ☐Due to the nature of the relationship between the auspicee and the auspicor, it is often INDEMNITY FOR OFFICE HOLDERS OF INCORPORATED ASSOCIATIONS Legal information for Victorian community organisations This fact sheet covers: indemnity, and directors’ and officers’ insurance The Associations Incorporation Reform Act 2012 (Vic) (AIR Act) includes a provision that requires every incorporated association to indemnify its office holders for liabilities they incur in good faith GOVERNING A NOT-FOR-PROFIT ORGANISATION Unpack the A-Z of governance and make sure you are fully aware of your legal responsibilities as a board or committee. You’ll learn about governance versus management, key legal duties, purposes and rules. Legal roles of committee/board members as decision makers. Differences between governance and management. Legal structure and status of NEW FUNDING AND FINANCING MODELS Financing glossary. To assist in your organisation's understanding of debt financing, equity financing, social impact investing and investors (definitions and resources), Not-for-profit Law has developed a comprehensive financing glossary. It is a useful tool for reading alongside our other resources in this section on new fundingapproaches. PDF.
DEFAMATION | NOT-FOR-PROFIT LAW @ JUSTICE CONNECT At worst, defamation can land you in court. If you want to know more about defamation, read our fact sheet below. Our fact sheet explains: what defamation is. who can sue and be sued, and. some of the available defences for those defending a defamation claim. It also includes some practical guidance for organisations to avoid the risksof
NATIONAL VOLUNTEER GUIDE (PART 5) National Volunteer Guide (Part 5) | 2020 7 While both the organisation and volunteer need some certainty on the volunteer’s role and when the volunteer will be volunteering, it’s also important to remember a key aspect of a genuine volunteer GUIDE TO FUNDRAISING LAWS IN AUSTRALIA Guide to fundraising laws in Australia | 2020 5 This section: sets out what is covered by each part of this guide introduces the steps in the process of identifying and complying with relevant fundraising laws, and explains terminology used in this guide Each Australian state andDUTIES GUIDE
Duties Guide | 2021 6 This part covers: the origins of legal duties the role of a committee member, and what not-for-profit organisations are covered in this guide This guide is about the legal duties that apply to people involved in governing not-for-profit organisations in Australia – that is, people who sit on a committee or board, or areoffice holders
WHICH INCORPORATED LEGAL STRUCTURE SHOULD WE CHOOSE? (ACT) Legal information for ACT community organisations This fact sheet covers: an overview of four common legal structures that can be used to incorporate a not-for- profit organisation some options for changing between legal structures, and international recognition of different legal structures This fact sheet provides general information about the incorporated legal structures available to INSURANCE AND RISK MANAGEMENT FOR COMMUNITY ORGANISATIONS Insurance and risk management for community organisations | 2019 9 If you are involved in a community organisation, no matter what size, it’s a good idea to spend at least a short amount of time discussing two simple questions: CHECKLIST - ISSUES TO COVER IN AN AUSPICE AGREEMENT Checklist - Issues to cover in an auspice agreement | 2018 3 Dispute resolution ☐Due to the nature of the relationship between the auspicee and the auspicor, it is often INDEMNITY FOR OFFICE HOLDERS OF INCORPORATED ASSOCIATIONS Legal information for Victorian community organisations This fact sheet covers: indemnity, and directors’ and officers’ insurance The Associations Incorporation Reform Act 2012 (Vic) (AIR Act) includes a provision that requires every incorporated association to indemnify its office holders for liabilities they incur in good faith NOT-FOR-PROFIT LAW @ JUSTICE CONNECT Welcome to the Information Hub. Please select the jurisdictions you are interested in reading about to filter content on this site. Content about Federal laws will display in addition to content about laws for any state or territory selected. DEFAMATION | NOT-FOR-PROFIT LAW @ JUSTICE CONNECT At worst, defamation can land you in court. If you want to know more about defamation, read our fact sheet below. Our fact sheet explains: what defamation is. who can sue and be sued, and. some of the available defences for those defending a defamation claim. It also includes some practical guidance for organisations to avoid the risksof
BACKGROUND CHECKS
Background screening and Working with Children Checks. Not-for-profit Law has produced comprehensive guides on Working with Children Checks. The guides for each state and territory are below. plus-circle. minus-circle. The following information is relevant to organisations operating in Victoria. Background screening.THE CAMPAIGN SO FAR
April: Charities Crisis Cabinet advocates for fundraising reform in response to COVID-19. A crisis cabinet was formed in March with leaders from the not-for-profit sector, including Sue Woodward, co-head of Not-for-profit Law, Justice Connect. On 23 April, the Cabinet published an open letter to the government as well as aposition paper
NATIONAL VOLUNTEER GUIDE (PART 1) National Volunteer Guide (Part 1) | 2020 4 Glossary Common terms used in this guide include: ACNC refers to the Australian Charities and Not-for-profit Commission CLG refers to a company limited by guarantee Common law refers to the law developed by the courts, or judge-made law (as opposed to legislation or statute, which is law made byParliament)
SOCIAL MEDIA AND THE LAW Social media can be an invaluable tool in promoting the work of your organisation, but if not properly managed it has the potential to cause damage to your organisation, clients, employees or volunteers. In this session we’ll step you through the key legal risks whenusing social media.
INCORPORATED ASSOCIATION OR COMPANY LIMITED BY GUARANTEE Incorporated association or company limited by guarantee? (NSW) | 2019 5 Introduction This guide covers: the differences between an incorporated association and a company limited by guarantee Key issues to consider when choosing between structures:BOARD INDUCTIONS
Board inductions – bringing on a new board member (Cth) | 2021 4 Companies limited by guarantee (CLG) If your organisation is incorporated as a company limited by guarantee (CLG) under the Corporations Act 2001 (Cth) (Corporations Act), a board member (referred to as a ‘director’) of the CLG must: • consent to the appointment • be at least 18 years old WHAT ARE OUR LEGAL OBLIGATIONS WHEN RECRUITING AN EMPLOYEE What are our legal obligations when recruiting an employee? (Cth) | 2017 2 Anti-discrimination laws Discrimination occurs when a person, or a group of people, is treated less favourably than another person INDEMNITY FOR OFFICE HOLDERS OF INCORPORATED ASSOCIATIONS Legal information for Victorian community organisations This fact sheet covers: indemnity, and directors’ and officers’ insurance The Associations Incorporation Reform Act 2012 (Vic) (AIR Act) includes a provision that requires every incorporated association to indemnify its office holders for liabilities they incur in good faith NOT-FOR-PROFIT LAW @ JUSTICE CONNECT Welcome to the Information Hub. Please select the jurisdictions you are interested in reading about to filter content on this site. Content about Federal laws will display in addition to content about laws for any state or territory selected. GOVERNING A NOT-FOR-PROFIT ORGANISATION Unpack the A-Z of governance and make sure you are fully aware of your legal responsibilities as a board or committee. You’ll learn about governance versus management, key legal duties, purposes and rules. Legal roles of committee/board members as decision makers. Differences between governance and management. Legal structure and status ofBACKGROUND CHECKS
Background screening and Working with Children Checks. Not-for-profit Law has produced comprehensive guides on Working with Children Checks. The guides for each state and territory are below. plus-circle. minus-circle. The following information is relevant to organisations operating in Victoria. Background screening. DOCUMENTS, RECORDS AND REQUESTS FOR ACCESS Extra sources of record-keeping obligations. Employee records: Under the Fair Work Act 2009 (Cth), an employer must make, and keep for seven years, employee records in relation to each of its employees, containing the information specified in the Fair Work Regulations 2009 (Cth). Fundraising: The Fundraising Act 1998 (Vic) requires records and accounts relating to a fundraising appeal to be RAFFLES AND MINOR GAMING This is the Act that regulates all types of gambling and gaming in Victoria, as well as raffles and minor gaming activities. Chapter 8 of the Act relates to community and charitable gaming. These Regulations set out the details of many of the laws that apply to raffles and other minor gaming activity. GUIDE TO FUNDRAISING LAWS IN AUSTRALIA Guide to fundraising laws in Australia | 2020 5 This section: sets out what is covered by each part of this guide introduces the steps in the process of identifying and complying with relevant fundraising laws, and explains terminology used in this guide Each Australian state and DEFAMATION | NOT-FOR-PROFIT LAW @ JUSTICE CONNECT At worst, defamation can land you in court. If you want to know more about defamation, read our fact sheet below. Our fact sheet explains: what defamation is. who can sue and be sued, and. some of the available defences for those defending a defamation claim. It also includes some practical guidance for organisations to avoid the risksof
NATIONAL VOLUNTEER GUIDE (PART 5) National Volunteer Guide (Part 5) | 2020 7 While both the organisation and volunteer need some certainty on the volunteer’s role and when the volunteer will be volunteering, it’s also important to remember a key aspect of a genuine volunteerDUTIES GUIDE
Duties Guide | 2021 6 This part covers: the origins of legal duties the role of a committee member, and what not-for-profit organisations are covered in this guide This guide is about the legal duties that apply to people involved in governing not-for-profit organisations in Australia – that is, people who sit on a committee or board, or areoffice holders
INCORPORATED ASSOCIATION OR COMPANY LIMITED BY GUARANTEE Incorporated association or company limited by guarantee? (NSW) | 2019 5 Introduction This guide covers: the differences between an incorporated association and a company limited by guarantee Key issues to consider when choosing between structures: NOT-FOR-PROFIT LAW @ JUSTICE CONNECT Welcome to the Information Hub. Please select the jurisdictions you are interested in reading about to filter content on this site. Content about Federal laws will display in addition to content about laws for any state or territory selected. GOVERNING A NOT-FOR-PROFIT ORGANISATION Unpack the A-Z of governance and make sure you are fully aware of your legal responsibilities as a board or committee. You’ll learn about governance versus management, key legal duties, purposes and rules. Legal roles of committee/board members as decision makers. Differences between governance and management. Legal structure and status ofBACKGROUND CHECKS
Background screening and Working with Children Checks. Not-for-profit Law has produced comprehensive guides on Working with Children Checks. The guides for each state and territory are below. plus-circle. minus-circle. The following information is relevant to organisations operating in Victoria. Background screening. DOCUMENTS, RECORDS AND REQUESTS FOR ACCESS Extra sources of record-keeping obligations. Employee records: Under the Fair Work Act 2009 (Cth), an employer must make, and keep for seven years, employee records in relation to each of its employees, containing the information specified in the Fair Work Regulations 2009 (Cth). Fundraising: The Fundraising Act 1998 (Vic) requires records and accounts relating to a fundraising appeal to be RAFFLES AND MINOR GAMING This is the Act that regulates all types of gambling and gaming in Victoria, as well as raffles and minor gaming activities. Chapter 8 of the Act relates to community and charitable gaming. These Regulations set out the details of many of the laws that apply to raffles and other minor gaming activity. GUIDE TO FUNDRAISING LAWS IN AUSTRALIA Guide to fundraising laws in Australia | 2020 5 This section: sets out what is covered by each part of this guide introduces the steps in the process of identifying and complying with relevant fundraising laws, and explains terminology used in this guide Each Australian state and DEFAMATION | NOT-FOR-PROFIT LAW @ JUSTICE CONNECT At worst, defamation can land you in court. If you want to know more about defamation, read our fact sheet below. Our fact sheet explains: what defamation is. who can sue and be sued, and. some of the available defences for those defending a defamation claim. It also includes some practical guidance for organisations to avoid the risksof
NATIONAL VOLUNTEER GUIDE (PART 5) National Volunteer Guide (Part 5) | 2020 7 While both the organisation and volunteer need some certainty on the volunteer’s role and when the volunteer will be volunteering, it’s also important to remember a key aspect of a genuine volunteerDUTIES GUIDE
Duties Guide | 2021 6 This part covers: the origins of legal duties the role of a committee member, and what not-for-profit organisations are covered in this guide This guide is about the legal duties that apply to people involved in governing not-for-profit organisations in Australia – that is, people who sit on a committee or board, or areoffice holders
INCORPORATED ASSOCIATION OR COMPANY LIMITED BY GUARANTEE Incorporated association or company limited by guarantee? (NSW) | 2019 5 Introduction This guide covers: the differences between an incorporated association and a company limited by guarantee Key issues to consider when choosing between structures: DEFAMATION | NOT-FOR-PROFIT LAW @ JUSTICE CONNECT At worst, defamation can land you in court. If you want to know more about defamation, read our fact sheet below. Our fact sheet explains: what defamation is. who can sue and be sued, and. some of the available defences for those defending a defamation claim. It also includes some practical guidance for organisations to avoid the risksof
RECRUITMENT AND ENGAGEMENT OF EMPLOYEES This page provides resources outlining legal obligations in relation to recruiting employees, discrimination in recruitment and screening checks. In line with best risk management practices, once recruited, an employee should be inducted, undergo appropriate training and provided with copies of all policies, procedures and other documents EMPLOYEES | NOT-FOR-PROFIT LAW @ JUSTICE CONNECT Not-for-profit community organisations have the same legal obligations as any employer to their workers - but that doesn't mean that employment law is easy to understand. There is a lot of information available on employment law, but it can be hard to know what is useful and where to start - especially when you have a question you need THE INCORPORATION DECISION The decision about incorporation is an important decision for community groups. Incorporation has significant legal consequences, many beneficial. However, incorporation also brings with it responsibilities to report to government. Some groups in the early stages of development explore the potential to be 'auspiced' by an existing organisation.HOLDING MEETINGS
The main legal considerations for holding meetings include: whether there are strict requirements to hold meetings or special rights to call a meeting. providing proper notice (time periods, content of notice and required recipients) meeting quorums (minimum number of people present to make a meeting valid) how and when to adjournmeetings.
AUSPICING | NOT-FOR-PROFIT LAW @ JUSTICE CONNECT Auspice agreements are often used to help certain community organisations to access funding for their activities. Some common auspicing arrangements include: auspicing of one-off events such as art exhibitions, concerts, fairs or festivals by arts organisations. auspicing of pilot projects or program trials. auspicing to incubatestart-up groups.
CHANGING LEGAL STRUCTURE If your group is a state-based not-for-profit structure such as an incorporated association or a co-operative, it is likely that the ABR will list it as “Other Incorporated Entity”. You will then need to search your state/territory regulator of not-for-profits to confirm your structure. plus-circle. minus-circle. ENDING AN ORGANISATION Ending an organisation is different to merging or amalgamating with another association (where two or more organisations combine), although sometimes it may be necessary to bring an organisation to an end after a merger or amalgamation is complete. INCORPORATED ASSOCIATION OR COMPANY LIMITED BY GUARANTEE Incorporated association or company limited by guarantee? (NSW) | 2019 5 Introduction This guide covers: the differences between an incorporated association and a company limited by guarantee Key issues to consider when choosing between structures: WHICH INCORPORATED LEGAL STRUCTURE SHOULD WE CHOOSE? (ACT) Legal information for ACT community organisations This fact sheet covers: an overview of four common legal structures that can be used to incorporate a not-for- profit organisation some options for changing between legal structures, and international recognition of different legal structures This fact sheet provides general information about the incorporated legal structures available to NOT-FOR-PROFIT LAW @ JUSTICE CONNECT Welcome to the Information Hub. Please select the jurisdictions you are interested in reading about to filter content on this site. Content about Federal laws will display in addition to content about laws for any state or territory selected. GOVERNING A NOT-FOR-PROFIT ORGANISATION Unpack the A-Z of governance and make sure you are fully aware of your legal responsibilities as a board or committee. You’ll learn about governance versus management, key legal duties, purposes and rules. Legal roles of committee/board members as decision makers. Differences between governance and management. Legal structure and status ofBACKGROUND CHECKS
Background screening and Working with Children Checks. Not-for-profit Law has produced comprehensive guides on Working with Children Checks. The guides for each state and territory are below. plus-circle. minus-circle. The following information is relevant to organisations operating in Victoria. Background screening. DOCUMENTS, RECORDS AND REQUESTS FOR ACCESS Extra sources of record-keeping obligations. Employee records: Under the Fair Work Act 2009 (Cth), an employer must make, and keep for seven years, employee records in relation to each of its employees, containing the information specified in the Fair Work Regulations 2009 (Cth). Fundraising: The Fundraising Act 1998 (Vic) requires records and accounts relating to a fundraising appeal to be RAFFLES AND MINOR GAMING This is the Act that regulates all types of gambling and gaming in Victoria, as well as raffles and minor gaming activities. Chapter 8 of the Act relates to community and charitable gaming. These Regulations set out the details of many of the laws that apply to raffles and other minor gaming activity. GUIDE TO FUNDRAISING LAWS IN AUSTRALIA Guide to fundraising laws in Australia | 2020 5 This section: sets out what is covered by each part of this guide introduces the steps in the process of identifying and complying with relevant fundraising laws, and explains terminology used in this guide Each Australian state and DEFAMATION | NOT-FOR-PROFIT LAW @ JUSTICE CONNECT At worst, defamation can land you in court. If you want to know more about defamation, read our fact sheet below. Our fact sheet explains: what defamation is. who can sue and be sued, and. some of the available defences for those defending a defamation claim. It also includes some practical guidance for organisations to avoid the risksof
NATIONAL VOLUNTEER GUIDE (PART 5) National Volunteer Guide (Part 5) | 2020 7 While both the organisation and volunteer need some certainty on the volunteer’s role and when the volunteer will be volunteering, it’s also important to remember a key aspect of a genuine volunteerDUTIES GUIDE
Duties Guide | 2021 6 This part covers: the origins of legal duties the role of a committee member, and what not-for-profit organisations are covered in this guide This guide is about the legal duties that apply to people involved in governing not-for-profit organisations in Australia – that is, people who sit on a committee or board, or areoffice holders
INCORPORATED ASSOCIATION OR COMPANY LIMITED BY GUARANTEE Incorporated association or company limited by guarantee? (NSW) | 2019 5 Introduction This guide covers: the differences between an incorporated association and a company limited by guarantee Key issues to consider when choosing between structures: NOT-FOR-PROFIT LAW @ JUSTICE CONNECT Welcome to the Information Hub. Please select the jurisdictions you are interested in reading about to filter content on this site. Content about Federal laws will display in addition to content about laws for any state or territory selected. GOVERNING A NOT-FOR-PROFIT ORGANISATION Unpack the A-Z of governance and make sure you are fully aware of your legal responsibilities as a board or committee. You’ll learn about governance versus management, key legal duties, purposes and rules. Legal roles of committee/board members as decision makers. Differences between governance and management. Legal structure and status ofBACKGROUND CHECKS
Background screening and Working with Children Checks. Not-for-profit Law has produced comprehensive guides on Working with Children Checks. The guides for each state and territory are below. plus-circle. minus-circle. The following information is relevant to organisations operating in Victoria. Background screening. DOCUMENTS, RECORDS AND REQUESTS FOR ACCESS Extra sources of record-keeping obligations. Employee records: Under the Fair Work Act 2009 (Cth), an employer must make, and keep for seven years, employee records in relation to each of its employees, containing the information specified in the Fair Work Regulations 2009 (Cth). Fundraising: The Fundraising Act 1998 (Vic) requires records and accounts relating to a fundraising appeal to be RAFFLES AND MINOR GAMING This is the Act that regulates all types of gambling and gaming in Victoria, as well as raffles and minor gaming activities. Chapter 8 of the Act relates to community and charitable gaming. These Regulations set out the details of many of the laws that apply to raffles and other minor gaming activity. GUIDE TO FUNDRAISING LAWS IN AUSTRALIA Guide to fundraising laws in Australia | 2020 5 This section: sets out what is covered by each part of this guide introduces the steps in the process of identifying and complying with relevant fundraising laws, and explains terminology used in this guide Each Australian state and DEFAMATION | NOT-FOR-PROFIT LAW @ JUSTICE CONNECT At worst, defamation can land you in court. If you want to know more about defamation, read our fact sheet below. Our fact sheet explains: what defamation is. who can sue and be sued, and. some of the available defences for those defending a defamation claim. It also includes some practical guidance for organisations to avoid the risksof
NATIONAL VOLUNTEER GUIDE (PART 5) National Volunteer Guide (Part 5) | 2020 7 While both the organisation and volunteer need some certainty on the volunteer’s role and when the volunteer will be volunteering, it’s also important to remember a key aspect of a genuine volunteerDUTIES GUIDE
Duties Guide | 2021 6 This part covers: the origins of legal duties the role of a committee member, and what not-for-profit organisations are covered in this guide This guide is about the legal duties that apply to people involved in governing not-for-profit organisations in Australia – that is, people who sit on a committee or board, or areoffice holders
INCORPORATED ASSOCIATION OR COMPANY LIMITED BY GUARANTEE Incorporated association or company limited by guarantee? (NSW) | 2019 5 Introduction This guide covers: the differences between an incorporated association and a company limited by guarantee Key issues to consider when choosing between structures: DEFAMATION | NOT-FOR-PROFIT LAW @ JUSTICE CONNECT At worst, defamation can land you in court. If you want to know more about defamation, read our fact sheet below. Our fact sheet explains: what defamation is. who can sue and be sued, and. some of the available defences for those defending a defamation claim. It also includes some practical guidance for organisations to avoid the risksof
RECRUITMENT AND ENGAGEMENT OF EMPLOYEES This page provides resources outlining legal obligations in relation to recruiting employees, discrimination in recruitment and screening checks. In line with best risk management practices, once recruited, an employee should be inducted, undergo appropriate training and provided with copies of all policies, procedures and other documents EMPLOYEES | NOT-FOR-PROFIT LAW @ JUSTICE CONNECT Not-for-profit community organisations have the same legal obligations as any employer to their workers - but that doesn't mean that employment law is easy to understand. There is a lot of information available on employment law, but it can be hard to know what is useful and where to start - especially when you have a question you need THE INCORPORATION DECISION The decision about incorporation is an important decision for community groups. Incorporation has significant legal consequences, many beneficial. However, incorporation also brings with it responsibilities to report to government. Some groups in the early stages of development explore the potential to be 'auspiced' by an existing organisation.HOLDING MEETINGS
The main legal considerations for holding meetings include: whether there are strict requirements to hold meetings or special rights to call a meeting. providing proper notice (time periods, content of notice and required recipients) meeting quorums (minimum number of people present to make a meeting valid) how and when to adjournmeetings.
AUSPICING | NOT-FOR-PROFIT LAW @ JUSTICE CONNECT Auspice agreements are often used to help certain community organisations to access funding for their activities. Some common auspicing arrangements include: auspicing of one-off events such as art exhibitions, concerts, fairs or festivals by arts organisations. auspicing of pilot projects or program trials. auspicing to incubatestart-up groups.
CHANGING LEGAL STRUCTURE If your group is a state-based not-for-profit structure such as an incorporated association or a co-operative, it is likely that the ABR will list it as “Other Incorporated Entity”. You will then need to search your state/territory regulator of not-for-profits to confirm your structure. plus-circle. minus-circle. ENDING AN ORGANISATION Ending an organisation is different to merging or amalgamating with another association (where two or more organisations combine), although sometimes it may be necessary to bring an organisation to an end after a merger or amalgamation is complete. INCORPORATED ASSOCIATION OR COMPANY LIMITED BY GUARANTEE Incorporated association or company limited by guarantee? (NSW) | 2019 5 Introduction This guide covers: the differences between an incorporated association and a company limited by guarantee Key issues to consider when choosing between structures: WHICH INCORPORATED LEGAL STRUCTURE SHOULD WE CHOOSE? (ACT) Legal information for ACT community organisations This fact sheet covers: an overview of four common legal structures that can be used to incorporate a not-for- profit organisation some options for changing between legal structures, and international recognition of different legal structures This fact sheet provides general information about the incorporated legal structures available to NOT-FOR-PROFIT LAW @ JUSTICE CONNECT Welcome to the Information Hub. Please select the jurisdictions you are interested in reading about to filter content on this site. Content about Federal laws will display in addition to content about laws for any state or territory selected. GOVERNING A NOT-FOR-PROFIT ORGANISATION Unpack the A-Z of governance and make sure you are fully aware of your legal responsibilities as a board or committee. You’ll learn about governance versus management, key legal duties, purposes and rules. Legal roles of committee/board members as decision makers. Differences between governance and management. Legal structure and status of GOVERNANCE AND LEGAL DUTIES OF OFFICE HOLDERS DEFAMATION | NOT-FOR-PROFIT LAW @ JUSTICE CONNECT At worst, defamation can land you in court. If you want to know more about defamation, read our fact sheet below. Our fact sheet explains: what defamation is. who can sue and be sued, and. some of the available defences for those defending a defamation claim. It also includes some practical guidance for organisations to avoid the risksof
SUBPOENAS | NOT-FOR-PROFIT LAW @ JUSTICE CONNECT A subpoena is a court order issued by a court or tribunal in response to a request by a party to a civil or criminal proceeding. There are many different courts and tribunals in Australia and each has its own different court or tribunal rules for dealing with subpoenas. The fact sheet below sets out some information on subpoenas and how to SOCIAL MEDIA AND THE LAW Social media can be an invaluable tool in promoting the work of your organisation, but if not properly managed it has the potential to cause damage to your organisation, clients, employees or volunteers. In this session we’ll step you through the key legal risks whenusing social media.
NATIONAL VOLUNTEER GUIDE (PART 5) National Volunteer Guide (Part 5) | 2020 7 While both the organisation and volunteer need some certainty on the volunteer’s role and when the volunteer will be volunteering, it’s also important to remember a key aspect of a genuine volunteerDUTIES GUIDE
Duties Guide | 2021 6 This part covers: the origins of legal duties the role of a committee member, and what not-for-profit organisations are covered in this guide This guide is about the legal duties that apply to people involved in governing not-for-profit organisations in Australia – that is, people who sit on a committee or board, or areoffice holders
POSITIONS IN AN INCORPORATED ASSOCIATION Legal information for Tasmanian incorporated associations This fact sheet covers: what is a committee? governance positions in a committee, and duties of committee members If you are starting an incorporated association in Tasmania, or are new to working with an CHECKLIST - ISSUES TO COVER IN AN AUSPICE AGREEMENT Checklist - Issues to cover in an auspice agreement | 2018 3 Dispute resolution ☐Due to the nature of the relationship between the auspicee and the auspicor, it is often NOT-FOR-PROFIT LAW @ JUSTICE CONNECT Welcome to the Information Hub. Please select the jurisdictions you are interested in reading about to filter content on this site. Content about Federal laws will display in addition to content about laws for any state or territory selected. GOVERNING A NOT-FOR-PROFIT ORGANISATION Unpack the A-Z of governance and make sure you are fully aware of your legal responsibilities as a board or committee. You’ll learn about governance versus management, key legal duties, purposes and rules. Legal roles of committee/board members as decision makers. Differences between governance and management. Legal structure and status of GOVERNANCE AND LEGAL DUTIES OF OFFICE HOLDERS DEFAMATION | NOT-FOR-PROFIT LAW @ JUSTICE CONNECT At worst, defamation can land you in court. If you want to know more about defamation, read our fact sheet below. Our fact sheet explains: what defamation is. who can sue and be sued, and. some of the available defences for those defending a defamation claim. It also includes some practical guidance for organisations to avoid the risksof
SUBPOENAS | NOT-FOR-PROFIT LAW @ JUSTICE CONNECT A subpoena is a court order issued by a court or tribunal in response to a request by a party to a civil or criminal proceeding. There are many different courts and tribunals in Australia and each has its own different court or tribunal rules for dealing with subpoenas. The fact sheet below sets out some information on subpoenas and how to SOCIAL MEDIA AND THE LAW Social media can be an invaluable tool in promoting the work of your organisation, but if not properly managed it has the potential to cause damage to your organisation, clients, employees or volunteers. In this session we’ll step you through the key legal risks whenusing social media.
NATIONAL VOLUNTEER GUIDE (PART 5) National Volunteer Guide (Part 5) | 2020 7 While both the organisation and volunteer need some certainty on the volunteer’s role and when the volunteer will be volunteering, it’s also important to remember a key aspect of a genuine volunteerDUTIES GUIDE
Duties Guide | 2021 6 This part covers: the origins of legal duties the role of a committee member, and what not-for-profit organisations are covered in this guide This guide is about the legal duties that apply to people involved in governing not-for-profit organisations in Australia – that is, people who sit on a committee or board, or areoffice holders
POSITIONS IN AN INCORPORATED ASSOCIATION Legal information for Tasmanian incorporated associations This fact sheet covers: what is a committee? governance positions in a committee, and duties of committee members If you are starting an incorporated association in Tasmania, or are new to working with an CHECKLIST - ISSUES TO COVER IN AN AUSPICE AGREEMENT Checklist - Issues to cover in an auspice agreement | 2018 3 Dispute resolution ☐Due to the nature of the relationship between the auspicee and the auspicor, it is oftenHOLDING MEETINGS
The main legal considerations for holding meetings include: whether there are strict requirements to hold meetings or special rights to call a meeting. providing proper notice (time periods, content of notice and required recipients) meeting quorums (minimum number of people present to make a meeting valid) how and when to adjournmeetings.
AMALGAMATION AND MERGERS Expand for information for incorporated associations based in Queensland. The fact sheet below summarises the amalgamation process under the Associations Incorporation Act 1981 (Qld). It includes information regarding: what is the effect of amalgamation and whether amalgamation is the best option for your organisation. TOOLKITS | NOT-FOR-PROFIT LAW @ JUSTICE CONNECT Currently, these toolkits are only available for incorporated associations in NSW and Victoria. If you think a toolkit would be an important asset for incorporated associations in your state or territory, let us know by emailing nfpenquiries@justiceconnect.org.au. Because the toolkit is only for incorporated associations, it'simportant to
EVENTS | NOT-FOR-PROFIT LAW @ JUSTICE CONNECT The fact sheet below has information on the following issues that may be relevant when holding events involving alcohol: liquor licencing law and applying for a liquor licence. the role of Police and the role of councils in liquor licencing. smoking areas, and. signage requirements and managing risk. THE INCORPORATION DECISION The decision about incorporation is an important decision for community groups. Incorporation has significant legal consequences, many beneficial. However, incorporation also brings with it responsibilities to report to government. Some groups in the early stages of development explore the potential to be 'auspiced' by an existing organisation. CHANGING LEGAL STRUCTURE If your group is a state-based not-for-profit structure such as an incorporated association or a co-operative, it is likely that the ABR will list it as “Other Incorporated Entity”. You will then need to search your state/territory regulator of not-for-profits to confirm your structure. plus-circle. minus-circle. ENDING AN ORGANISATION Ending an organisation is different to merging or amalgamating with another association (where two or more organisations combine), although sometimes it may be necessary to bring an organisation to an end after a merger or amalgamation is complete. WHICH INCORPORATED LEGAL STRUCTURE SHOULD WE CHOOSE? (ACT) Legal information for ACT community organisations This fact sheet covers: an overview of four common legal structures that can be used to incorporate a not-for- profit organisation some options for changing between legal structures, and international recognition of different legal structures This fact sheet provides general information about the incorporated legal structures available to REMOVING OR DISCIPLINING A MEMBER (NSW) Legal information for New South Wales community organisations This fact sheet covers: what does ‘disciplining’ a member mean? how do we discipline a member who is causing trouble? can we remove, suspend or fine a member of our organisation? is disciplinary action the only good option? is there a different process for removing a committeemember?
INDEMNITY FOR OFFICE HOLDERS OF INCORPORATED ASSOCIATIONS Legal information for Victorian community organisations This fact sheet covers: indemnity, and directors’ and officers’ insurance The Associations Incorporation Reform Act 2012 (Vic) (AIR Act) includes a provision that requires every incorporated association to indemnify its office holders for liabilities they incur in good faith angle-double-leftangle-double-rightangle-downangle-leftangle-rightangle-upbarscaret-rightcheck-square-ocheckchevron-downchevron-updesktopenvelopeexternal-linkfile-excel-ofile-ofile-pdf-ofile-word-olightbulb-ominus-circleplus-circlequestion-circlesearchsquare-otimesNOT-FOR-PROFIT LAW
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