Religious Based Institutions: The Legal Issues
Hear from the ACNC Commissioner and a formidable panel of experts in their field on the most important topics currently facing religious institutions. Examine regulatory, governance and risk management, the impacts of COVID-19, and continuing litigation issues with the redress scheme and sexual misconduct claims again employees and contractors. Spend a day considering and discussing the key legal topics of the day.
Description
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Session 1
Regulatory Issues, Boards and Governance
Chair: Anne Robinson AM, Partner, Prolegis Lawyers
9.00am to 9.05am Welcome and Opening Comments
REGULATORY ISSUES
9.05am to 9.30am: Opening Address: How the ACNC Deals with Religious Charities and Particular Areas of Compliance (Live from Melbourne)
Presented by The Hon. Dr Gary Johns, Commissioner, Australian Charities and Not for Profit Commission
9.30am to 10.15am: Who can Represent Themselves as a Religious Organisation?
- Compliance with charity law requirements
- Tax benefits
- Discriminations exemption
Presented by Mark Fowler, Director, Fowler Charity Law and Fr Brian Lucas, National – Director, Australia, Catholic Mission
10.15am to 11.00am: Freedom of Religion and Religious Discrimination: An Update (Live from Melbourne)
- Current position
- What some of the lessons might be from the debate, and a reminder that religious discrimination is already unlawful under State/Territory law (except in NSW and SA)
- Proposed reforms
- Potential outcomes
Presented by Dr Luke Beck, Associate Professor, Associate Dean (Education), Monash University Faculty of Law; author, Religious Freedom and the Australian Constitution: Origins and Future, Routledge
11.00am to 11.15am: Morning Tea Break
BOARDS AND GOVERNANCE
11.15am to 12.00pm: Civil and Canonical Governance Principles and their Influence on Corporate Structures and Practices (Live from Melbourne)
Presented by Susan Pascoe AM, Adjunct Professor at the University of WA; Chair, Community Directors Council
12.00pm to 12.45pm: Child Safe Policies and Ensuring Board Compliance
- Complying with child protection legislation
- Complying with DFAT requirements
- Policies applying across Australia
- Drafting tips
Presented by David Ford, Partner, Carroll and O’Dea Lawyers and Gregory Burton SC, 5 Wentworth Chambers and Procurator for the Presbyterian Church of Australia
12.45pm to 1.15pm Commentary and Questions
1.15pm: Lunch Break
Session 2
Leveraging Assets and Current Litigation Issues
Chair: Amanda Ryding, Partner, Colin Biggers & Paisley
LEVERAGING ASSETS IN A DOWNTURN MARKET
2.00pm to 2.45pm: How Churches can Leverage their Assets in an Economic Downturn (Live from Melbourne)
- What to do with property not being used
- Dealing with underutilised property
- How to earn an income with surplus land holding
- Legal implications
Presented by Andrew Boer, Practice Leader, Moores
LITIGATION ISSUES
2.45pm to 3.30pm: Canon Law and Civil Courts
- When will civil courts interfere with Religious Canonical processes
- The interplay of Canon Law and Civil Law on the resolution of inter church disputes
Presented by Howard Harrison, Partner and Martin Slattery, Partner, Carroll and O’Dea Lawyers
3.30pm to 3.45pm: Afternoon Tea Break
3.45pm to 4.30pm: Redress Scheme and Setting Aside Past Settlement Agreements
- How the redress scheme is working
- Settling aside settlement agreements: current situation
Presented by Anna Swain, Acting Principal Lawyer and Prue Gregory OAM, Senior Legal Consultant/Project Manager, Knowmore Legal Service
4.30pm to 5.15pm: Direct and Vicarious Liability in Claims against Employees and Contractors
- When is an employer liable in tort?
- Liability arising out of relationships with Contractors
- Vicarious liability in sexual assault claims
Presented by Matthew Gerathy, Partner, Makinson d’Aprice Lawyers
Presenters
Anne Robinson AM
Anne Robinson AM is founder and a partner of Prolegis Lawyers, provider of legal services to the for-purpose sector, charities and philanthropists. She has advised on corporate law, governance, charitable trust structuring and tax issues for a wide range of Australia's charitable institutions, and has acted for independent schools, churches and Christian charities for over 20 years. Anne also has over 30 years' experience in governance of charitable organisations, and has sat on the boards of independent schools, hospitals and international aid organisations, including being a Director and then Board Chair of World Vision Australia for 12 years until 2012. She is now Chair of Bible Society Australia. Anne was Deputy Chair of the Not-for-Profit Sector Reform Council and a member of the NFP Tax Concession Working Group. Anne established and has been a director of the Charity Law Association of Australia and New Zealand from 2009, and is now a member of the Law Council of Australia Not-for-Profit and Charities Group Executive Committee and the ATO Not-for-profit Stewardship Group.
The Hon. Dr Gary Johns
The Hon Dr Gary Johns took up the role of Commissioner following a long and varied career in public service and policy advice, including as the author or editor of nine books on public policy. He was an inaugural board member of Volunteers Australia, a member of the Prime Minister’s Business Community Partnership, and the committee to design the Redress Scheme for survivors of institutional child sexual abuse. Gary was a member of the House of Representatives from 1987-1996 and served variously as Parliamentary Secretary to the Deputy Prime Minister, Parliamentary Secretary to the Treasurer, and Special Minister of State and Assistant Minister for Industrial Relations. He served as an Associate Commissioner of the Commonwealth Productivity Commission 2002-2004.
Mark Fowler
Mark Fowler is a practicing lawyer whose specialist areas of advice include the law applying to schools, international aid organisations and religious organisations. Mark has advised many leading national and international charities across these fields. He is an Appeals Panel member for the Australian Council for International Development (ACFID), the peak body for Australian non-government organisations (NGOs) involved in international development and humanitarian action. He is a member of the Australian Charities and Not-for-Profits Commission Professional Users Group and has served as a member of the Queensland Law Society’s Human Rights Working Group. He is also an Adjunct Associate Professor at Notre Dame Law School.
Fr Brian Lucas
Fr Brian Lucas is a priest of the Catholic Archdiocese of Sydney ordained in 1980 after briefly practising law as a solicitor in a commercial practice in Sydney. Since 2016 has is the National Director of Catholic Mission (the Pontifical Mission Societies in Australia). Previous appointments include General Secretary of the Australian Catholic Bishops Conference in Canberra (2002 - 2015), Financial Administrator and Secretary of the Archdiocese of Sydney (2000 - 2012), and he spent 15 years as archdiocesan media spokesman.
Dr Luke Beck
Associate Professor Luke Beck is a constitutional law scholar. He is the author of Religious Freedom and the Australian Constitution: Origins and Future (Routledge, 2018). Associate Professor Beck is a leading scholar in the field of separation of religion and government and religious freedom under the Australian Constitution. Associate Professor Beck also appears before parliamentary inquiries to provide expert constitutional advice and his advice has led to changes to legislation. Associate Professor Beck is also a member of the Law Society of New South Wales' Specialist Accreditation Public Law Advisory Committee.
Susan Pascoe AM
Susan Pascoe AM is Adjunct Professor at UWA. She Chairs the Australian Council for International Development, the Community Director’s Council, and the Advisory Board of Catholic Emergency Relief Australia. Adj Prof Pascoe is a Trustee of St John of God Health, a Board Member Mercy Health, and a member of the AICD’s NFP Chair’s group. She is Principal of consulting firm Kadisha Enterprises. Adj Prof Pascoe was the inaugural Commissioner for the ACNC. Prior to this appointment, she was Victorian State Services Authority Commissioner. She was as one of three Commissioners for the 2009 Royal Commission into Black Saturday Bushfires. Her earlier career was in education. Adj Prof Pascoe is a Fellow of the Australian Institute of Company Directors, the Institute of Public Administration of Australia and the College of Educators.
David Ford
David Ford is a partner at Carroll & O’Dea Lawyers, formerly at Emil Ford Lawyers. He practises mainly in commercial and employment law, advising many faith-based not-for-profit and educational organisations. He has advised charitable institutions throughout Australia for over 40 years. David is a member of the Charity Law Association of Australia and New Zealand.
Gregory Burton SC
Gregory Burton SC practises primarily in commercial/equity matters, at trial and appellate levels, from 5 Wentworth Chambers, with a focus on corporations, finance and securities, insolvency, insurance, trusts, property (intellectual, personal, real) and succession/family provision. He took silk in 2004. He is Procurator (church counsel) for the Presbyterian Church of Australia, federally and in some States, and has chaired or been involved with dispute panels for various organisations. He is a part-time Senior Member in NCAT's Commercial and Consumer Division and Appeal Panel.
Amanda Ryding
Amanda Ryding is a partner in the Insurance team of Colin Biggers & Paisley's Sydney office. Amanda has advised and acted for faith based institutions and their insurers on a wide range of issues, including the defence of sensitive claims, child protection, managing their response to COVID-19, and governance issues. Amanda regularly presents to clients and faith based institutions on a wide range of issues.
Andrew Boer
Andrew Boer is a Practice Leader in the Property & Construction team and heads the Organisational Client team at Moores. Andrew has close to 20 years’ experience with a focus on the sale and purchase of real estate, commercial leasing, property development ventures and government-funded projects. Andrew advises registered housing agencies, church property trusts, municipal and water authorities and other not-for-profit organisations in property-related matters such as purchase of land and development of new school campus locations.
Howard Harrison
Howard Harrison holds degrees in Law (Masters) and Economics from Sydney University and is a Partner at Carroll & O'Dea Solicitors in Sydney. He has practiced as a Solicitor of the Supreme Court of New South Wales primarily in civil litigation area since July 1979. Howard is an Accredited Personal Injury Specialist through the Law Society Scheme and has presented papers on personal injury litigation issues for the College of Law, the University of Western Sydney and other Legal Education Bodies.
Martin Slattery
Martin’s diverse career – journalist, guitarist, lawyer – means he has the life experience and the professional expertise to provide what his clients want when it matters – excellent technical advice, combined with practical solutions. With a strong common law background, Martin is an expert litigator. He has significant commissions of inquiry and royal commissions experience. He has a unique insight and empathy into how the various parties to a dispute perceive the same circumstances that are the nub of the issue. As a musician, his clients trust him to explain the complexities of intellectual property law so they avoid pitfalls and take advantage of opportunities. Martin also works with his clients to protect their intellectual property assets through trademark registration and copyright advice and litigation. Martin also works in the not-for-profit team, providing advice to clients from the not-for-profit sector. This includes governance and regulatory compliance advice, drafting commercial contracts and undertaking property transactions. Martin is responsible for the running of the Melbourne office.
Anna Swain
Anna is the Assistant Principal Lawyer of knowmore legal service, and has been employed with the service since 2017. Anna co-leads the national legal team in delivering free legal advice and assistance to survivors of institutional child sexual abuse, in relation to the National Redress Scheme and other justice and redress options that may be available. Originally from the UK, Anna was admitted as a lawyer of England and Wales in 2008 and has a background practicing in family law.
Prue Gregory OAM
Prue headed up knowmore’s legal team across four offices in Sydney Melbourne Brisbane and Perth until February this year when she stepped aside as Principal Lawyer to head up a capacity building project within knowmore for Redress Support Services. Prue has worked at Knowmore since July 2013. Prior to Knowmore, Prue worked at Macarthur Legal Centre in south-west Sydney for 5 years as principal lawyer. In 2016 Prue was asked to join the Commonwealth Government’s Advisory Council on the design and implementation of the National Redress Scheme. In 2017 Prue was awarded the NSW Law and Justice Foundation’s Justice Medal, and Prue was awarded an OAM recently for her contribution to the sector.
Matthew Gerathy
Specialising in personal injury and property damage insurance litigation for defendants, Matthew has a track record of achieving positive outcomes for his clients, with a high success rate of Verdicts for defendants. Many of Matthew's clients are self-insured, or have significant levels of self-insured retention. He invests considerable time in understanding his clients business and knowing the issues that are important to them. He is admitted in NSW and the High Court of Australia and has also conducted large and complex litigation in Queensland, ACT, Victoria and South Australia.