Charity conflicts of interest are a key governance risk for directors and boards. This guide explains how to identify, disclose, and manage them effectively.
What Are the Differences Between Volunteers and Employees?
Volunteers vs employees involves key legal differences in entitlements and obligations. This guide helps charities manage both correctly and stay compliant.
Practical Steps to Improve a Charity Board’s Processes
Australian law imposes certain obligations on the responsible entities for registered charities. In this Insight, we look at some of these, and outline practical steps Boards can take to improve their processes and successfully execute their obligations.
Charity Risks: What Directors Need to Look Out For
Managing charity risk goes beyond policies and registers. This guide covers key risks and practical strategies to help charities stay compliant and sustainable.
Defamatory Content Online and the Responsibility of Online Intermediaries
Defamatory content online is increasing with the rise of social media and forums. This article explores liability and global regulation approaches.
Are Religious Charities Eligible for DGR Status?
While “religious charities” are the most common type of charitable activity, they do not come with an automatic DGR tax status. We explore this in greater detail and look at strategies that can be used for charities attempting to gain DGR status. According to the ACNC’s most recent Charities Report, the most common reported charitable […]
Birchgrove Legal in the High Court of Australia: A recent case study
In this Case Study, we present a summary of recent work our firm was involved in which saw us represent our client in the High Court of Australia. Case Study: VELLA and Ors v COMMISSIONER OF POLICE (NSW) & ANOR [2019] HCA 38 Area of Law: Constitutional Law and Administrative Law Birchgrove Legal acted in […]
The importance of Charitable Purpose
The purposes for which a charity operates are among the most important issues over which the ACNC can choose to review and take action against an organisation. In this Insight, we explore the importance of “Charity Purpose” and why it is important to amend your Governing Document in case your purpose changes. As mentioned in […]
Compliance Reviews by the ACNC
The ACNC announced earlier this year that it plans to review 500 charities this year. In this Insight, we explore what the ACNC will be investigating, and what NFP organisations need to be aware of. In a statement earlier this year, the Australian Charities and Not-for-profits Commission (ACNC) indicated that it planned to review approximately […]
Charitable Fundraising in NSW
The Charitable Fundraising Act 1991 was enacted to regulate public fundraising for charitable purposes in New South Wales. This Insight piece summarises what is covered by the Act and the requirements in order to fundraise for charitable purposes in New South Wales. The Charitable Fundraising Act 1991 was enacted to regulate public fundraising for charitable […]