Moustafa Kheir
Principal Solicitor
Not-for-profits exist to further a particular cause and to provide needed value to the community at large. Often hard pressed for time and resources, organisations cannot be expected to bear the brunt of an increasingly complex legal system.
Legal work often deals with highly sensitive matters and can determine how well an organisation achieves its overarching objective. In the Not-for-profit space – where an organisation’s mission is paramount – trusted legal advisors become all the more important. There is a need for dedicated lawyers who have a vested interest in the survival and prosperity of the organisation.
Legal experts’ knowledge of clients’ needs builds with time. Sustained engagement keeps lawyers on the lookout for tailored ways to help their client and leaves room for feedback and improvement for the length of the relationship.
Facing a crucial investigation by the NSW Education Standards Authority, our client was at risk of non-approval to operate over the coming year. A concurrent investigation carried out by the Commonwealth Department of Education and Training further risked the client’s operational status. This could have affected over 100 staff and 1500 students and resulted in significant costs to the client in the case of failure.
We assisted the client in reforming its policies, engaging expert consultants and drafted detailed submissions covering all necessary legal issues. Ultimately, both investigations were resolved with a renewal of the School’s registration and securing of funding into the future.
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 Association’s registration would have affected not only the staff involved, but the communities being provided with the Association’s essential services.
We assisted the Association in reviewing its governing documents, policies and procedures, proposing reforms and assisting the Association with subsequent implementation. We then proceeded to draft detailed submissions to Fair Trading addressing the concerns raised. Ultimately, the matter was resolved, with Fair Trading accepting the detailed submissions provided and requiring no further response from the Association.
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 to further the objectives of the charity e.g. the return’s made on the investment.
It is important for charities to have sufficient governance procedures in place to ensure that any decisions made relating to investments are appropriately scrutinised, with the decision-making process clearly articulated in the charity’s records. We assisted the charity in responding to the ACNC, which included drafting an investment policy which would set out a process to be followed for all future investments.
Principal Solicitor
Principal Solicitor
Senior Associate
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