Not for Profit & Charities Law: Legislation, Governance, and Compliance
Explore the latest in Not-for-profit and Charity Law, incorporating new legislation, vital governance tools, and compliance insights. Dive into auspicing, a frequently misunderstood concept. Additionally, gain in-depth insights into evolving legislative and policy changes affecting the sector, keep updated on strategic priorities, and delve into critical sector issues like AI and cybersecurity, all under the guidance of leading experts in the field. Don't miss this opportunity to stay informed. WEB242N16Z
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Mark Fowler, Principal, Fowler Charity Law
9.00am to 10.00am ACNC Insights for 2024: Legislative Change, Strategic Priorities, AI and Cybersecurity Challenges
- Gain in-depth insights into the evolving landscape of legislative and policy changes that will have an impact on the sector
- Stay updated with our progress on strategic priorities and receive a mid-financial year update
- Explore critical sector issues, including the intricacies of AI and cybersecurity, as you address the challenges and opportunities of 2024
Presented by Joanna Austin, ACNC, Director Legal & Policy
10.00am to 11.00am Practical Tools in Governance and Compliance of NFPs
Strong governance foundations are crucial for not-for-profit organisations and charities to meet compliance obligations. Basic governance ensures a compliance culture, risk mitigation, and time for proactive risk management
- Gain practical measures to enhance risk management and compliance to ensure the proper management and to avoid the risks
Presented by Valentyna Jurkiw, Special Counsel, Mills Oakley
11.00am to 11.15am Break
11.15am to 12.15pm Care Organisations: Governance in Not-for-Profit
- Changes to the Aged Care Act relating to board composition and advisory bodies
- How these changes play out in different types of not-for-profit structures
- Structuring to reduce the impact of the changes on existing operations
- Application of the principles in other settings in the future
Presented by Lucinda Smith, Partner; Best Lawyers 2024, Lawyer of the Year, Not-for-Profit & Charities Law, Thompson Geer
12.15pm to 1.15pm How to Navigate Auspicing: Definitions, Arrangements, and Best Practices in Not-for-Profit Law
- What is and what is not auspicing
- Common auspicing arrangements
- Tips and traps when engaging in auspicing arrangements
- From the perspective of the auspicee and auspicor
Presented by Darren Fittler, Partner, Gilbert + Tobin; Best Lawyers 2022, Partner of the Year, Not-for-profit & Charities Law; Chambers Asia-Pacific 2022, Ranked band 1
Presenters
Mark Fowler
Mark Fowler’s specialist areas of advice include the law applying to schools, international aid organisations, retirement villages, aged care facilities and religious organisations. Mark also has a breadth of experience in property and commercial law, with a particular focus on the affordable, community and social housing sectors. Mark has advised many leading national and international charities across these fields. Prior to establishing Fowler Charity Law Pty Ltd in 2019, Mark was a Partner in leading national charity and not-for-profit law firms located in Sydney and Brisbane. 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. Mark is also an Adjunct Associate Professor at the University of Notre Dame, School of Law, Sydney, and an Adjunct Associate Professor in the Law School at his alma mater, the University of New England. He is also a Research Scholar at the Centre for Public, International and Comparative Law, University of Queensland.
Joanna Austin
Joanna provides strategic advice and develops strategies to deal with and solutions to complex policy and operational law problems. She also provides leadership and direction to the in-house legal team. Joanna started her career at Gadens Lawyers in Sydney before joining the NSW Crime Commission as a lawyer in law enforcement and integrity agencies. She then worked with the Australian Criminal Intelligence Commission in Sydney before moving to Melbourne in 2013 to take up a role at the Independent Broad-based Anti-Corruption Commission. Joanna is experienced in criminal law, administrative law and in managing the legal risk in compliance and investigations work in a law enforcement and integrity context. Joanna is pleased to be able to bring these skills to the regulatory environment. Joanna holds a Master of Arts and a Bachelor of Laws from the University of New South Wales. She was admitted to practice as a lawyer in 2003.
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.
Lucinda Smith
Lucinda Smith is a corporate lawyer with particular expertise in the health and aged care sectors. She regularly advises health industry clients in mergers and acquisitions and health projects. Lucinda has significant experience in the structuring and development of health, aged care and retirement village facilities. She also advises on regulatory compliance and a broad range of commercial contracts in the sector. Lucinda was named 'Lawyer of the Year' by Best Lawyers in Australia in 2017 (awarded 2016) and in 2013 in her specialty practice area of Retirement Villages and Senior Living Law (Sydney) Lucinda has been recognised by her peers as one of Australia's best lawyers in the areas of Health and aged care and Retirement villages and senior living in every edition of Best Lawyers in Australia since 2012.
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. Best Lawyers 2021 recognises Darren in Non-Profit/Charities Law and Chambers Asia Pacific 2020 ranks Darren in Band 1 for Charities. Darren was named in the 2015 Australasian Lawyer Hot List as a “Pillar of the Community” and was the recipient of the 2014 Human Rights Commission Law Award in recognition of his long term commitment to assisting not-for-profit and charitable organisations. Darren is the author of two chapters in the Thomson Reuters NFP Best Practice Manual and the chapters on not-for-profit organisations and NSW incorporated associations in the NSW Lawyers Practice Manual. He is a volunteer director of Vision Australia and has previously held roles on the boards of numerous charities. Darren also attended meetings at the United Nations in New York, helping in the development of the International Convention on the Rights of Persons with Disability.