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 […]
How Mergers & Acquisitions in the Not-For-Profit Sector Can Unlock Value
With added compliance pressures on charities and volunteer board members rising, it’s time to think about different ways for a charity to conduct its business. In this insight, we take you through the potential benefits of restructuring your organisation in a way that may serve your charity and beneficiaries most.
Do Members Have the Right to Inspect Company Books?
Members of companies are entitled to various rights. One question that commonly arises is in regards to their rights to inspect the “company books”. In this insight, we look at the scope of this question and under what circumstances a member is entitled to access and inspect the company’s books, including financial statements, records of information and the company register.
Testing Police Authority to Force Entry Into Your Phone
In this Insight, we examine recent Australian case law which considered the right of a person named in a Section 3LA order (the power to compel a person to reveal their private encryption keys, personal identification numbers or passwords) of the Crimes Act 1914 (Cth) to be heard before any such order is made.
Relief Is on the Way for Cross-Border Fundraising (NFP Sector Update)
In this not-for-profit sector Insight, we look at welcome potential developments in the sector through the relaxation of cross-border fundraising laws. While still in train, we analyse these changes, and why the possible easing of these rules is much needed.
The Care Trustees Must Take in Positions of Trust & Authority
In this Insight, we examine recent Australia case law to look at the care which a trustee must take when placed in a position of trust and authority
Charities and Directors’ Remuneration: Oft-Asked Question
In this not-for-profit sector Insight, we explore the oft-asked question around director remuneration in a charity context – Is it reasonable for the community to expect that charity directors contribute for free and that a charity’s expenditure on administration is kept close to zero?
Uncharted Legal Waters – Australian Soldiers’ Alleged War Crimes
In this Insight, we look at the question of whether Australia will bring Australian Defence Force members accused of potential war crimes to trial given the legally uncharted waters the case throws up.
How Proposed Changes to Charities Governance Standards Are an Unwelcome Burden
ACNC Governance Standard 3 proposed changes could increase compliance obligations for charities. This article examines the reforms and their potential impact on advocacy and governance.
What Happens to a Charity’s Assets When It Is Wound Up?
Charity winding up clause provisions determine what happens to a charity’s assets when it closes. This guide explains key drafting considerations and lessons from a recent court case.