As with all sectors of the economy, not-for-profits too have seen considerable change in the last few weeks amid the unprecedented COVID-19 situation. Legal changes – both temporary and those that may have longer-lasting impacts – are coming thick and fast. In this piece, we summarise information released by the ACNC recently to assist charities […]
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Government response to the ACNC Legislation Review 2018
On 20 December 2017, the Government announced a review of the Australian Charities and Not-for-profits Commission Act 2012 (Cth). A panel was appointed to carry out this review. The purpose of the review was to require the Panel to: examine the extent to which the objects of the ACNC Acts continue to be relevant; assess […]
Fair Trading investigation into an Established Not-for-profit Association
Due to concerns raised by NSW Fair Trading, an Association was at risk of cancellation. Known for its global influence, the Association’s mission involved providing aid and relief to poverty-stricken communities worldwide through housing for widows and orphans, building schools, orphan sponsorships, food distribution projects, clean drinking water and free healthcare. A cancellation of the […]
Australian lawyers call on Facebook to crackdown on anti-Muslim comments
A team of Australian lawyers are calling on Facebook to urgently fix their moderation policy after they found dozens of violent anti-Muslim comments were not removed. The findings of the investigation by lawyers from the Australian Muslim Advocacy Network and Sydney-based firm Birchgrove Legal were detailed in a letter sent to Facebook on Wednesday, days […]
Facebook still dragging its feet on hate speech, say Aussie Muslims
Australian Muslims have written to tech giant Facebook, warning that one year on from the Christchurch massacre, the platform is failing to remove extreme anti-Muslim hate-speech. Facebook says it has tripled its safety and security team, and that it removes praise and support for violence. But after trying to use Facebook’s own tools to have […]
External Conduct Standards
The “External Conduct Standards” are contained in the Australian Charities and Not-for-profits Commission Amendment (2018 Measures No. 2) Regulations 2018 that were tabled in Parliament late November 2018. On 22 July 2019, the External Conduct Standards officially came into effect and became the new Division 50 of the Australian Charities and Not-for-profits Commission Regulation 2013 […]
What does it mean for a DGR or NFP entity to be ‘in Australia’?
Insight into DGR Taxation Ruling 2019/6 In December 2019 Taxation Ruling 2019/6 was finalised – which sets out the Commissioner’s view on what the phrase ‘in Australia’ means in Divisions 30 and 50 of the Income Tax Assessment Act 1997. These divisions relate to whether certain entities are eligible to be Deductible Gift Recipients and […]
Holding police to account for abuse of power
Police brutality and excess is nothing new, and has come to the fore in the recent case in Sydney’s West. Read our article on what you can do if you are affected. Please feel free to share.
What happens if you can’t settle on a property purchase?
We received instructions from a property developer that had sold a development for approximately $13m plus on an extended settlement, at the height of Sydney’s property boom. The purchaser was unable to raise the funds to complete the purchase and our client terminated the contract. When the property was re-listed on the market, its value […]
Investment decisions by a charity
We were recently contacted by a charity that received a Notice of Intention to Revoke Charity registration from the ACNC. The issue related to an investment made by the Board, and whether it fell within the organisation’s charitable objectives. Whilst there is no issue with charities investing funds, the purpose behind the investment is meant […]