Not for Profits and Charities Law Forum
Navigate the many issues facing your clients or your organisation given COVID-19 and recent Royal Commissions in this detailed morning packed with informative and practical sessions from a diverse range of speakers. Scrutinise the financial issues resulting from COVID-19. Catch up on the latest employment law issues. Analyse director’s duties and restructuring options. Examine critical new law coming from Royal Commission findings. Consider financial reporting and tax and compliance issues.
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Vera Visevic, Partner, Mills Oakley
9.00am to 9.05am: Opening Comments by the Chair
9.05am to 9.50am: The Aftermath of COVID-19 and the Not for Profit and Charities Sector: Panel Discussion
- Finance: preserving funding, reducing costs, accessing government funding
- Specific relief for the NFP sector
- Operational concerns: purpose, employees & volunteers, contracts
- What does the future hold?
Panellists:
Anna Longley, Assistant Commissioner General Counsel, Australian Charities and Not-for-Profits Commission
Angela Ford, CEO, Australian Himalayan Foundation
Nigel Harris, Managing Director, Nigel Harris and Associates (Qld)
9.50am to 10.35am: Financial Reporting in a COVID-19 Environment: What to Expect
This financial reporting season has been a challenging one for Not for Profit entities. They are not only facing the implementation of three complex financial reporting standards, but are also grappling with the challenges COVID-19 has brought on their reporting obligations to stakeholders. Take a look at some of factors to consider when interpreting financial reports in the current environment including:
- How COVID-19 affects a Not for Profit’s financial reports
- How a Not for Profit’s financial statements have changed with the application of:
- AASB 15 Revenues from Contracts with Customers
- AASB 1058 Income of Not-for-Profit Entities
- AASB 16 Leases
Presented by Simon Hancox, National Head of Not for Profit, Grant Thornton
10.35am to 10.50am: Break
10.50am to 11.35am: Current Tax and Compliance Issues for Charities & NFPs
- Practical issues & problems in obtaining much sought after Public Benevolent Institution (PBI) status
- Emerging challenges for some non-DGR charities in complying with their ‘In Australia’ requirement
- Ongoing uncertainties re gifts to DGRs for specific restricted purposes
- How far can charities get involved in political advocacy
Presented by John King, Consultant, Prolegis Lawyers
11.35am to 12.20pm: Not for Profits & Charities: Directors’ Duties & Restructuring Considerations
- Directors’ duties and governance considerations arising from a potential restructure, including under ACNC requirements and the Corporations Act 2001 (Cth)
- Consequences following breach of directors’ duties, including common law and criminal penalties
- Protections from potential breach of directors’ duties, including ‘safe harbour’ and COVID-19 relief considerations
- Impact of recent developments and reforms, including the ACNC External Conduct Standards
Presented by Darren Fittler, Partner and Elizabeth Lathlean, Senior Lawyer, Gilbert + Tobin
12.20pm to 1.05pm: Royal Commissions Impacting the NFP Sector
With Charities / NFP organisations as the backbone to social services delivery in Australia, recent developments arising from landmark Royal Commissions have shone a light on safeguards, funding models/fundraising, and societal expectations for the care of the vulnerable. You will examine each of the four most recent Royal Commissions impacting the social services sector and what they mean for those organisations involved in service delivery and stakeholder engagement in each area. The session will explore:
- Where are we at in a post-Institutional Child Sexual Abuse Royal Commission world?
- Recent developments:
- Challenges for institutions: increased litigation around setting aside settlement agreements
- Challenges for claimants: increased prospect of permanent stay applications
- What have we learned from the National Natural Disaster, Aged Care and Disability Royal Commissions so far?
- Pre-Royal Commission: internal management, communication and response strategies
- Post-Royal Commission: likely future legal issues faced by charities and not-for-profits in each sector
Presented by Luke Geary, Partner, Mills Oakley
1.05pm to 1.15pm: Final Q&A and Closing Comments by the Chair
Presenters
Vera Visevic
Vera Visevic heads up the Sydney Not-for-Profit team at Mills Oakley. Acting for numerous charities, religious and not-for-profit organisations, Vera has over 25 years' experience in the profession. In the not-for-profit sector, Vera focuses on constitutional reviews, mergers, governance and fundraising issues and regularly advises on ACNC and ATO endorsements. Vera edits the Clubs & Societies title in the Australia Encyclopedia of Forms and Precedents, and is an author in "Charity Law", European Lawyer Reference (2012, 2016 and 2018).
Anna Longley
Anna Longley is the ACNC’s Assistant Commissioner – General Counsel. She acts as the senior legal advisor to the ACNC Commissioner and the Advisory Board, and has legal oversight of the ACNC’s work regulating charities. Having worked at the Australian Taxation Office for over 16 years prior to becoming General Counsel, Anna has an extensive background in public administration. Most recently, she was an Assistant Commissioner in Private Wealth, leading assurance and review work on high-wealth individuals, private groups and not-for-profit entities.
Darren Fittler
Darren Fittler is the lead partner in Gilbert + Tobin’s Charities + Social Sector group. Darren specialises in the provision of legal assistance to charities, not-for-profits and social impact organisations, including large and small charities, overseas aid agencies, community organisations, environmental and cultural organisations, corporate foundations, religious organisations and congregations, industry associations and private families and individuals.
Darren’s expertise in laws and circumstances unique to charities, not-for-profits and social impact organisations and his generalist corporate and commercial law experience enables him to provide innovative, holistic, strategic and targeted legal advice and practical guidance.
Luke Geary
Luke regularly acts for ASX200 listed companies, impact financiers, non-profits and religious institutions nationally. Luke also acts for individuals in high profile, social justice issues cases.
Luke has particular expertise assisting institutions in responding to claims of child sexual abuse under a restorative justice framework and in accordance with best practice principles identified by the Royal Commission into Institutional Responses to Child Sexual Abuse. In other instances, Luke acts on behalf of survivors in certain cases against government agencies and other institutions.
Simon Hancox
Simon is an experienced Audit and Assurance Partner at Grant Thornton, where he also acts as the National Head of the Not For Profit industry group and as Chair for the Brisbane Office. He is also the Australian representative on the Grant Thornton International’s steering committee for the Not-for-profit industry.
Throughout his 30+ year career, Simon has been fortunate to work with some incredible NFP’s, both in Australia and overseas.
Simon was drawn to the for-purpose sector by its dedicated, passionate people, who are focused on the common good.
John King
John King has been a Consultant at Prolegis Lawyers in Sydney since 2011. Prolegis is a 17 lawyer boutique firm, with offices in Sydney and Melbourne, that specialises in advising clients throughout Australia in relation to the charities and not-for-profits sector (including structuring, establishment, tax, regulatory, governance, compliance, HR, real estate, royal commissions and other government inquiries, and disputes matters). John specialised in structuring, tax and commercial issues (mostly for large foundations, public and other companies, family offices and high net worth individuals, sporting organisations and some leading charity and not-for-profit sector bodies), including obtaining specific DGR1 listings. He is also an honorary director or trustee of 6 registered charities. Prior to joining Prolegis, John was a Tax Partner at Mallesons Stephen Jaques (now King & Wood Mallesons) in Sydney and New York for more than 31 years. He was also an independent member of the ATO’s Public Advice & Guidance Panel (formerly the Public Rulings Panel) from 2010 until June 2020.
Elizabeth Lathlean
Elizabeth Lathlean is a Senior Lawyer in Gilbert + Tobin’s Charities + Social Sector group. Elizabeth specialises in the provision of legal advice and assistance to charities and not-for-profit organisations. She also has experience in mergers and acquisitions, restructuring transactions, general corporate governance and corporate law matters.
Elizabeth has worked with and for not-for-profit organisations in Australia, South Africa and the United Kingdom. Through her combination of corporate experience and her deep understanding of charity law and the matters impacting the sector, she is able to provide a holistic offering to her clients as they seek to navigate an increasingly commercial landscape of operation.
Angela Ford
Angela Ford is a senior leader in international development with extensive experience managing organisations, networks and people to deliver high-impact, sustainable development projects that promote justice, protect human rights and improve our world. As CEO of the Australian Himalayan Foundation for the past two years, Angela led the organisation through a solid year of growth, followed by a challenging year navigating the impact of COVID19 on all aspects of a small charity with little resourcing and high compliance requirements. Angela’s charity leadership roles include managing international programs, advocacy and communications at faith-based and secular NGOs.