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 […]
Category: Not-For-Profit
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 […]
Eligibility for charity registration with ACNC
There are several factors to consider before setting up and applying to register a charity. In this Insight, we discuss the Australian Charities and Not-for-Profits Commission (ACNC) registration process, including some of the challenges, traps and pitfalls you may face in achieving registration. Registration of your charity can confer several benefits, including: Eligibility to apply […]
Partial Temporary Relief from ACNC compliance requirements for charities during COVID-19
The COVID-19 pandemic is affecting charity operations in several ways. Domestic charities face: increased demand for their services in the health, childcare, education and care sectors in both the health impact phase and ensuring economic recession; hampered fundraising efforts and distribution of services to those most in need; and additional demands on charity management and […]
Can a Charity’s Board Member be remunerated?
This is an inquiry we get often from our NFP sector clients. Remuneration of Board members in NFP organisations can take different forms, such as: Payment for work as board members; Payment as an employee of the charity; and Payment for services rendered to the charity (e.g. in a professional capacity). Depending on the entity […]
COVID-19: Important Information for Charities
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 […]
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 […]
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 […]