Not-For-Profits and Charities Legal Symposium
Issues covered include: regulation, compliance, offshore operations, employment, safeguarding, volunteers, incorporation with charities, tax considerations
Description
With constant regulatory changes impacting the NFP sector, take this opportunity to spend a day with the key regulators and leading legal minds in the area. This year’s annual event focuses on not only giving you critical updates, but delivering the answers you need with practical discussions and takeaways to help implement best practice policies
Attend and earn 7 CPD hours in Substantive Law
This symposium was recorded in NSW on 12 September 2019
Session 1
The Regulatory Landscape for NFPs and Charities
Chair: Garth Blake AM SC, 8 Wentworth Chambers
9.00am to 9.10am Opening Comments by the Chair
9.10am to 9.40am: The Challenges of Regulating the Charity Sector in Australia
- The constitutional constraints
- The ACNC Act
- The complexity of charity law
- The complexity of the charity sector
Presented by Natasha Sekulic, Director of Legal and Policy, ACNC
9.40am to 10.50am: PANEL DISCUSSION: INSIGHTS FROM KEY REGULATORS AND EXPERTS: Regulatory Compliance: Charitable Fundraising and Governance for NFP Boards Post the Public Inquiry under the Charitable Fundraising Act 1991 (by Honourable Patricia Anne Bergin SC)
- Current issues for NFPs and charities
- Whistleblowing
- Fundraising regulation: proposed changes
- Governance: current best practice for NFPs and charities
- What to do if you are handed a ‘Please Explain’ letter from the ACNC
Facilitator:
Alison Choy Flannigan, Partner, Health & Community, Hall & Wilcox; Leading Health & Aged Care Lawyer, Doyle’s Guide 2019
Panellists:
Natasha Sekulic, Director of Legal and Policy, ACNC
Catherine Maxwell, Executive Manager, Policy and Advocacy, Governance Institute of Australia
Alex Milner, Partner, Prolegis Lawyers
10.50am to 11.15am Morning Tea
11.15am to 12.10pm: Offshore Operations: Changes in the Pipeline
- External Conduct Standards: The latest updates and the implications you need to consider
- Counter-terrorism measures and their impact
Presented by Alex Milner, Partner, Prolegis Lawyers
12.10pm to 1.00pm: Employment Law: Critical Update
- Lessons from recent cases and the takeaway for your organisation or clients
- Changes to Modern Awards including casual conversion
- The Modern Slavery Act and the ramifications for NPFs and Charities
- Refresher on issues you should have on your radar
Presented by Joseph O’Mara, Associate, Toomey Pegg Lawyers
1.00pm to 2.00pm Lunch
Session 2
Policies & Business Decisions – Can Best Practice Also Be Practical?
2.00pm to 2.45pm: Safeguarding: Designing and Implementing a Safeguarding Policy that is Practical, Realistic and Effective
The Royal Commission into Institutional Responses to Child Sexual Abuse has challenged the not for profit sector to rethink the risks connected to human interaction in organisations. The findings of the Royal Commission and other similar inquiries call for a paradigm shift in organisations delivering services to children and other vulnerable people so that stronger emphasis is given to prevention rather than mere compliance. This presentation will:
- Outline the key elements of an appropriate safeguarding policy suite
- Explore major principles in the design and implementation of safeguarding policies
- Consider the major challenges that may impede implementation
- Discuss changes required to move from a compliance mindset to one that is committed to prevention
Presented by Paul Davis, Co-founder, Director, Integroe Partners
2.45pm to 3.30pm: Managing Volunteers in NFPs: Essential Tips and Answering the Difficult Questions
- Do you need a contract?
- Do you need to provide induction?
- Can you fire a volunteer?
- Liability issues you must consider
Presented by Ruth Hood, Legal Counsel, St Vincent’s Health Australia – NSW
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm: Incorporating an NFP/Charity: Differences and Legal Requirements
- Why incorporate?
- What options are there for incorporation?
- What are the relative advantages & disadvantages for each option?
- What steps are involved in incorporating and obtaining tax concessions?
- What are relevant requirements in constitutions to achieve tax exempt status and/or DGR status?
- What are the respective ongoing compliance requirements?
Presented by Bill d’Apice, Partner, Makinson d’Apice
4.30pm to 5.15pm: Tax Considerations: Deep Dive
- NFPs that are registered with ACNC vs non registered
- Activities that place tax concessions at risk
- ‘In Australia’ measures
- Political activities
- ACNC and ATO requirements to maintain registration
- Mission drift
- FBT rebate vs FBT exempt employer: What to watch out for
- GST concessions ie.fundraising
Presented by Luke Hall, Associate, Prolegis Lawyers (presentation prepared by Claire Jones, Senior Associate, Prolegis Lawyers) and Bill Nussbaum, Director, HLB Mann Judd
Venue
Cliftons Sydney
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates