Religious Based Institutions: The Legal Issues
This is your chance to hear the latest changes and reforms in law, academia, and religion. 2022 has seen significant developments, including the introduction of the Religious Exceptions Bill, changes to charity land tax exemptions, and developments in professional standards and professional discipline. Combining thought leadership and practical guidance, walk away with a robust understanding of how to best support your religious-based institution in a changing world. 2211N14
Description
Attend and earn 7 CPD units including:
5 units in Substantive Law
2 units in Practice Management & Business Skills
This program is applicable to practitioners from all States & Territories
Session 1
Managing Law, Religion and Governance
Chair: Anne Robinson, Partner, Prolegis Lawyers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 10.05am 2022 Religious Exceptions Bill Victoria: A Risk to Faith-Based Organisations Nationally?
The Victorian Government recently made changes to the Equal Opportunity Act (2010). These controversial amendments, that came into effect on 14 June 2022, make it difficult for religious bodies and schools to discriminate, unless specific ground of exception are met. This session will explore the implications of these changes and the ramifications for the other states and territories.
Presented by Jennifer Parkes, Partner, Hicksons Lawyers
10.00am to 11.05am Developments in Professional Standards and Professional Discipline: A Look at the Anglican Church of Australia
- General pattern of professional standards and professional discipline around Australia in the Anglican Church of Australia
- Changes and developments in the last five years
- Issues and challenges
- Looking forward
Presented by Mandy Tibbey, Barrister, 8 Wentworth Chambers
11.05am to 11.20am Morning Tea
Practice Management & Business Skills
11.20am to 12.20pm All on Board: Characteristics of Well Performing Boards in Religious Institutions
Two main trends within religious organisations involve a greater use of incorporated entities. Many of the traditional religious orders in the Catholic Church are divesting their works to other juridical bodies and incorporated boards. Newer religious organisations establish themselves as incorporated associations or companies. This raises challenging issues of how to select and train the leadership of these bodies. As well there is the challenge of how to maintain their religious identity and ethos.
Through this presentation you will identify and explore the characteristics of well-performing boards in Religious Institutions.
Presented by Fr Brian Lucas, National – Director, Australia, Catholic Mission
12.20pm to 1.10pm Exposing Recent Judgements in the Historical Abuse Space
The historical abuse space has been the subject of number of decisions in the recent past which has seen a significant shift in the way these claims are litigated and defended.
Explore several recent decisions in this space with a particular focus on:
- Damages awards
- Permanent stay applications
With increasing damages awards, the risks for religious institutions has never been higher. Despite this, Courts are increasingly aware of the difficulties institutions face in defending these claims many decades after the events in question and appear to be willing to grant a permanent stay of proceedings in appropriate cases.
Presented by Robert Algie, Partner, Carroll & O'Dea Lawyers
1.10pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Navigating Property, Assets and Employment
Chair: Fr Brian Lucas, National - Director, Australia, Catholic Mission
PROPERTY AND ASSET MANAGEMENT
2.00pm to 2.45pm Recent Changes to Charity Land Tax Exemptions: The Implications for Religious Institutions
The opportunities and limitations presented by charitable land tax exemptions and concessions across Australia are back in focus, following a broad statutory interpretation of Victoria’s charitable land tax exemptions by the Supreme Court of Victoria in the case of University of Melbourne v Commissioner of State Revenue (Vic) [2021] VSC 156,and the swift actions of the Victorian Government to pass legislation negating the case’s outcomes (and limit to a greater extent the availability of the exemption for vacant land).
Receive a practical guide on the current and future management of land tax exposure by landholding Religious institutions, including:
- An overview of each State and Territory’s charitable exemption and concessions
- Consideration of the distinction between “use” and “occupation” of land by a religious institution
- Exploring the limitations that apply in some States (and recently introduced in Victoria) for vacant landholdings held by a Religious Institution
- Outlining the importance of annual valuation management by Religious Institutions of their landholdings
Presented by Craig Gibson, Partner, Mills Oakley; Deputy Chair; Victorian State Taxes Committee of the Tax Institute; Member, Charity Law Association of Australian and New Zealand
Practice Management & Business Skills
2.45pm to 3.30pm Structuring the Relationship Between Religious Entities and their Schools
Recent years saw governments at all levels refocus priorities towards ensuring businesses and institutions (including schools) navigated the quickly evolving realities of a global pandemic. This saw significant (and at times rapid and loose) funding injections, and the pausing of regulatory compliance actions. Regulators are now returning their focus to compliance, with a particular emphasis on schools and their relationships with related bodies.
Explore the ‘not-for-profit’ conditions that apply to non-Government schools under their school registration, charity registration and Government funding arrangements, and the need for such to be carefully considered in:
- The nature of governance and control structures put in place between schools and their affiliated religious bodies
- The holding structure of school land and other assets acquired using school funds
- Other arrangements that see any payment or other valuable non-monetary benefit flow from a school to an affiliated religious body
Presented by Vera Visevic, Partner, Mills Oakley
3.30pm to 3.45pm Afternoon Tea
CRITICAL EMPLOYMENT ISSUES AFFECTING RELIGIOUS INSTITUTIONS
3.45pm to 4.30pm Religious Institutions as Employers: Navigating the Changing Employment Landscape
- The nature of employment by religious institutions
- Discrimination law: duties and protections
- Some relevant current employment law issues
Presented by Michael Byrnes, Partner, Swaab
Practice Management & Business Skills
4.30pm to 5.15pm Optimising Your Volunteer Workforce
- Faith-based organisations and volunteers: vision and strategy
- Online volunteering possibilities for faith-based organisations
- What do we know about online volunteers? Examine the attractors, barriers, best practices and the pitfalls to watch out for
Presented by Dr Irit Alony, Lecturer, University of Wollongong
Presenters
Anne Robinson
Anne Robinson is the founder and a Partner of Prolegis Lawyers. Anne's areas of advice include corporate law, governance, charitable trust structuring and tax issues. Anne has advised charities, not-for-profits and philanthropists on corporate law, governance, charitable trust structuring and tax issues across the whole range of Australia's charitable institutions. She is a Fellow of the Australian Institute of Company Directors and also has had 40 years' experience in governance of not-for-profit organisations, including as director and board chair of several significant and well-known charities, including Australia’s largest international aid and development organisation. Anne was Deputy Chair of the Not-for-Profit Sector Reform Council and a member of the NFP Tax Concession Working Group between 2008 and 2013, and the Australian Taxation Office Not-for-Profit Stewardship Group from 2016 - 2022 . Anne is a member of the Australian Charities and Not-for-profits Commission Professional Users Group and founder and Chair of the Charity Law Association of Australia and New Zealand 2009 - 2021. Anne’s expertise is sought by organisations across the country and is a highly regarded speaker and presenter. Anne holds a Bachelor of Arts and Bachelor of Laws (Hons) from Macquarie University.
Jennifer Parkes
Jennifer is a litigation lawyer, with over 10 years’ experience, who specialises in workers compensation, education and discrimination matters. She has an extensive experience in preventing and resolving legal issues with a core focus on discrimination in the tertiary education sector. Discrimination complaints are delicate matters which can lead to protracted and often complicated cases and Jennifer’s experience and thorough approach allows her to address matters in the most effective way and provide practical settlement advice to her clients. In most cases, Jennifer is able to negotiate an alternative resolution to the dispute, avoiding the need for litigation and preserving her clients’ reputation while minimising their risk exposure.
Mandy Tibbey
Mandy Tibbey, of 8th floor, Wentworth Chambers, was a solicitor from July 1987 and was called to the Bar in February 2004. She has an equity/commercial practice including Wills, probate, family provision, trusts and other equity litigation, has extensive civil litigation experience and is a contributing author to Thomsons Civil Practice and Procedure. She is also a Senior Legal Member of NCAT and decides matters involving guardianship, financial management, powers of attorney, discrimination and commercial and consumer matters. She serves as the Chancellor of Riverina Diocese of the Anglican Church of Australia and as a member of the Executive of the NSW Ecumenical Council. Her degrees, B. Juris, LLB and LLM are from UNSW.
Fr Brian Lucas
Fr Brian Lucas is the National Director of Catholic Mission and was previously the General Secretary of the Australian Catholic Bishops Conference. He has served on several church boards including 12 years as a Director of Catholic Church Insurance Limited. He has post-graduate qualifications in law, theology and general studies and is a co-author of the Church Administration Handbook and author of Collaborators in Ministry: A Guide for Lay People and Clergy. He is a graduate member of the Australian Institute of Company Directors.
Robert Algie
As partner in the Compensation Law Team at Carroll & O’Dea Lawyers, Robert has a significant interest in medico-legal law. Based in the Firm’s highly successful Western Sydney headquarters in Campbelltown, Robert has worked on a large number of the most complex and difficult negligence cases in NSW. His degree in Applied Science in Nuclear Medicine, positions him well to conduct complex medical law litigation for plaintiffs, ensuring the legal and medical complexities are fully explained and understood by the client. The case, Wilson v SRA, in which the client suffered a serious psychological injury working for the State Rail Authority is a highlight of his career and a landmark case, in which a full bench of the NSW Court of Appeal overturned a previous decision of that same Court.
Craig Gibson
Craig is a Partner in the taxation team at Mills Oakley, with a wide breadth of expertise in the areas of taxation, corporate governance, structuring and regulatory compliance. Craig’s practice has a particular focus on the property development and not-for-profit industries, which sees Craig act for international and domestic listed and unlisted developers and property managers, schools, religious organisations and other not-for-profits. Craig is Deputy Chair of the Taxation Institute’s Victorian State Taxes Committee, which seems him regularly engage with the Victorian Government on the design and implementation of State tax changes.
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). Further, Vera reviewed the Community Care and Service regulatory compliance module for LexisNexis, covering such topics as the National Disabilities Insurance Scheme, and community housing. Vera sits on a number of Not-For-Profit boards and committees.
Michael Byrnes
Michael Byrnes is a partner of Swaab. He is a workplace relations lawyer with over 20 years' experience in assisting clients navigate employment and work health and safety issues. Michael runs specially tailored training programs and seminars for clients (including at board level). He also drafts and reviews workplace policies and undertakes complex and sensitive workplace investigations. As well as regularly presenting at conferences, Michael is often called upon for expert opinion in the media. He has appeared on numerous radio segments and regularly quoted in publications including The Australian Financial Review, The Age, Lawyers Weekly, Workplace Express, OHS Alert, SmartCompany, HRM Online and InTheBlack on workplace relations and WHS law issues. Michael is also a co-author of the LexisNexis publication "Annotated Fair Work Act & Related Legislation".
Dr. Irit Alony
Dr. Irit Alony is a lecturer at the University of Wollongong Australia. Irit's research focus is on occupations online: learning, teaching, working, and volunteering. She builds on her research on relationships in the context of workplaces, including interpersonal relationships, civility, engagement, retention, and stakeholder relationships. Irit has experience in using various methodologies, including mixed-methods, qualitative research, and grounded theory. Irit is interested in research which involves aspects of relationships, and contributes to the transformation of humanity in accordance with the UN's Sustainable Development Goals.
Venue
Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia
Parking not included with registration. Possible options:
Met Centre, Jamison St - Rates Click here
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