Not for Profits and Charities: Critical Updates
Hear from the ACNC on current legislative changes plus take a deep dive into the changes to General Meetings. Immerse yourself in tips and processes of the constitution for a charitable company, important new changes to the Corporation Act, legal issues arising for charities involved in advocacy, and a legislative update on deductible gift recipients. This webinar will deliver the answers you need with practical discussions and takeaways to help implement best practice policies. WEB229N64
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Chris Mills, Director, Neumann & Turnour Lawyers
9.00am to 9.05am Opening Comments from the Chair
9.05am to 9.35am INSIGHTS FROM THE ACNC: Keynote Address
Presented by Anna Longley, Assistant Commissioner General Counsel, Australian Charities and Not-for-Profits Commission
9.35am to 10.15am Changes to General Meetings for NFP Companies
- Focus on the application of the changes to general meetings under the Corporations Act for not-for-profit companies, including ACNC registered charitable companies
- Discuss holding general meetings
- Discuss sending notice of general meetings and other documents
- Analyse the changes to the Corporation Act
- Consider whether a charitable company need to hold an AGM?
Presented by Dr Joanne Redburn, Director, NFP Lawyers
10.15am to 10.55am Organisational and Operational Restructures
Charities and not-for-profits are faced with ever mounting pressure to remain viable in a competitive environment. Organisations are increasingly reviewing how they can operate more creatively and remain sustainable while effectively managing risk.
In this session you will look at:
- Common types of restructures
- Restructuring for operational efficiency
- Restructuring to manage new venture risk
- Mergers
- Practical tips for restructure management:
- Tax and duty implications
- Asset transfer
- Managing liability
- Maintaining not for profit and charitable status
- Corporate governance (related party transactions and Board composition)
- Specific duties for charities
- Case studies and Scenarios
Presented by Valentyna Jurkiw, Special Counsel, Mills Oakley
10.55am to 11.10am Morning Tea
11.10am to 11.50am Constitution for a Charitable Company: Practical Tips and Helpful Processes
- Your objects and what happens to your assets: the most important clauses for a charity constitution and how to get it right
- What you should consider when setting your core governance terms including membership, qualifications of and election of directors, quorum, and dispute resolution
- The interaction between the Corporations Act, the ACNC legislation and your constitution and why it is important to understand that when drafting your constitution
- What to do when your constitution is not serving your charity
Presented by Bridgid Cowling, Special Counsel, Arnold Bloch Leibler
11.50am to 12.30pm Advocacy By Charities
Issues-based advocacy by charities is a perennial hot topic in charity law. This presentation will focus on the legal issues that arise for charities that are involved in issues-based advocacy, especially where the advocacy is directed at achieving changes in law or public policy. The presentation will cover:
- The legal limitations on advocacy by charities registered with the ACNC
- The practical legal issues that arise in conducting an advocacy campaign
Presented by Alex Milner, Partner, Milner & Huang
12.30pm to 1.10pm Deductible Gift Recipients: A Legislative Update
- Examine the legislative framework and eligibility requirements for endorsement or listing as a deductible gift recipient
- Discuss the motivators for obtaining deductible gift recipient status
- Analyse recent legislative amendments and cases
Presented by Elizabeth Lathlean, Senior Lawyer, and Karla Dunbar, Graduate, Gilbert & Tobin
1.10pm to 1.15pm Closing Comments from the Chair
Presenters
Chris Mills
Chris Mills is a director of Neumann & Turnour Lawyers and heads its litigation and dispute resolution divisions. He has extensive experience serving not-for-profits and charities including schools, churches, disability and community care organisations and sporting clubs involved in complex litigation or facing insolvency. In addition to his legal qualifications, he obtained a Research Masters degree in Business through the Australian Centre for Philanthropy and Nonprofit Studies at QUT. He calls upon his experience sitting on Boards of charities and not-for-profits to understand the issues clients in the not-for-profit sector face and provide practical advice.
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. She has led assurance and review work on not-for-profit entities and is experienced in dispute resolution and litigation.Anna holds a Bachelor of Laws with Honours, a Graduate Diploma of Legal Practice and a Masters of Taxation. In the charity sector, Anna has spent several years volunteering for and on the board of community legal centres.
Dr Joanne Redburn
Joanne leads the not for profit practice of NFP Lawyers. She acts for a diverse range of not for profit organisations and social enterprises, throughout Australia and internationally. Her clients include collaborations and consortiums, peak bodies, research organisations, charities, PBIs, HPCs, natural resource management bodies, sporting organisations, community groups, foundations and philanthropic funds, environmental and cultural organisations, in various sectors. Operating a full-service practice, and because of Joanne’s highly focused nature, she has developed a specialised knowledge of the not for profit and for purpose sector. Joanne not only understands the legal needs of not for profit organisations and social enterprises but she also understand what motivates the sector. Joanne is connected, invested and trusted with deep expertise assisting organisations successfully navigate difficult legal and regulatory environments. Joanne’s career has focused on public good. She is an experienced director and chair of various not for profit organisations and their committees.
Valentyna Jurkiw
Valentyna is a Special Counsel in Mills Oakley’s not-for-profits, human rights and social impact practice. She has spent many years working as an inhouse lawyer in in the not-for-profit and public sectors but also in private enterprise. Most recently, she headed up the governance and legal team at the veteran’s charity RSL NSW supporting the organisation’s modernisation and reform. Valentyna has returned to private practice to work with a diverse range of clients, assisting them with their corporate structuring, charity registration, corporate governance and compliance. She also provides general strategic and commercial advice.
Bridgid Cowling
Bridgid Cowling is a Special Counsel in Arnold Bloch Leibler’s public interest law and native title practices. She advises a broad range of clients with a focus on not-for-profit organisations, Aboriginal Land Councils and Native Title Representative Bodies at the Commonwealth and State and Territory levels. Bridgid is recognised by Chambers Asia Pacific in the area of ‘charities’ for her wealth of experience acting for the not-for-profit sector on range of matters including the establishment of new charities and governance issues. Bridgid is Chair of the Tax Institute’s Not-for-profit Technical Committee. She is also a member of the Law Council of Australia Charities and Not for Profits Committee and attendee of the Australian Charities and Not-for-Profits Commission Professional Advisers Forum.Her charities practice includes: providing corporate structuring and strategic advice regarding incorporation, charity registration and tax concessions for charitable clientsadvising charitable clients in relation to a range of legal issues including commercial matters, ongoing corporate governance requirements, compliance, and taxation issues assisting charitable clients to pursue innovative commercial opportunities for furthering their charitable purpose; andpursuing litigation in the public interest in relation to human rights and social just issues including test case litigation.
Alex Milner
Alex started practising as a lawyer over 20 years ago in a large corporate firm with a focus on property matters. Since then he has had a very wide-ranging career in Australia, London and Fiji Islands. Alex has held senior in-house roles at Lend Lease, World Vision Australia, Australian Red Cross Society and Ingeus. Alex is a member of the Law Institute’s Charities and Not-for-profits Law Committee. He is Chancellor to the Anglican Bishop of Tasmania and a Trustee of the Melbourne Anglican Trust Corporation.
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, not-for-profitsand social sector organisations. She provides expert assistance on all areas of charity and not-for-profit regulation and compliance, as well as acting in relation to mergers and acquisitions, restructuring transactions and corporate governance.Elizabeth is a non-executive director of CBM Australia, a registered charity and international development organisation.Best Lawyers 2023 recognises Elizabeth for her work in the area of Corporate Law.
Karla Dunbar
Karla Dunbar is a Graduate in Gilbert + Tobin’s Charities + Social Sector group. Karla assists with the provision of legal advice and assistance to charities, not-for-profits and social sector organisations.Karla has previously worked and volunteered for various charities and not-for-profit organisations, including in research, policy and governance roles, assisting with the development of research publications, government submissions and policies in the diversity and inclusion space.Karla has been the Company Secretary of Diversity Council Australia since 2017 and is a former director of One Eighty Inc, a registered Australian youth suicide prevention charity.