Not-For-Profits and Charities Symposium
Immerse yourself in the latest and most important issues facing NFPs and charities in an eye-opening day packed with 9 informative and practical sessions from a diverse range of speakers. Hear from the ACNC on current legislative changes, explore critical new law regarding foreign influence and political donations, examine the rise of social enterprise and catch up on the new NDIS changes.
Description
Attend and earn 7 CPD units in Substantive Law
This symposium was recorded in NSW on 14 September 2018
Session 1
Navigating the Wave of New Legislation and Regulation
Chair: Sally Ascroft, General Counsel/Company Secretary, Mission Australia
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: Privacy Update for Not-for-Profit Organisations: New Law, New Requirements
- Privacy refresher for NFPs
- Requirements of and compliance with the Notifiable Data Breach Scheme
- Developments since the commencement of the NDB Scheme
- Application of GDPR to Australian charities and NFPs
Presented by Belinda Marsh, Senior Associate, Makinson D’Apice
9.50am to 10:35am: Foreign Influence, Political Donations and NFPs: Operating in the New Regime
- Foreign Influence Transparency Scheme Bill 2017
- Legal constraints on charities and NFPs as third-party campaigners
- The impact of the foreign influence and transparency scheme on charities and NFPs
- The campaign to amend the Commonwealth’s foreign influence proposals
Presented by Professor Anne Twomey, Sydney Law School, The University of Sydney
10.35am to 11.20am: What the NDIS Changes Mean for Relevant NFPs
- The new NDIS Quality and Safeguards Commission (NDIS Commission) will begin regulating and registering providers in NSW and SA from 1 July 2018: What does this mean for providers?
- Changes to NDIS funding
- NDIS Quality and Safeguards Commission (NDIS Commission) National Rollout Timeline
Presented by Alison Choy Flannigan, Partner, Holman Webb, Best Lawyers 2019, Health & Aged Care Law, Biotechnology Law; Leading Health & Aged Care Lawyer, Doyle’s Guide 2018
11.20am to 11.35am Morning Tea
11.35am to 12.20pm: INSIGHTS FROM THE ACNC: What the Charity Regulator is Thinking About
- Response to ACNC review
- External conduct standards
- Charities and advocacy
- Current compliance concerns and priorities
- What do charities need to report?
Presented by Murray Baird, Assistant Commissioner, General Counsel, Australian Charities and Not-for-Profit Commission
12.20pm to 1.15pm: Federal Employment Law and Volunteers in NFPs
- The important differences between a volunteer, employee and independent contractor
- Being clear about the way you engage a volunteer.
- Managing volunteers
- Volunteers are entitled to the same protections as employees and workers under work health and safety laws and equal opportunity laws (i.e. sexual harassment, discrimination, victimisation and bullying)
- When an organisation will be held legally responsible for the actions of its volunteers
- Why it’s makes it crucial for an organisation to have good volunteer management practices, policies and insurance in place
Presented by Rachael Sutton, Partner, Holman Webb
Session 2
The Business of Not-For-Profits and Charities Law
Chair: Ian Miller, Partner, Hunt & Hunt
2.00pm to 2.45pm: Tax Considerations for Sources of Income: Donations, Grants, Cross-Border Giving
- Navigating fundraising nationally and internationally: licences, agents, expenses/income ratios
- Are we a charity? A public benevolent institution? A deductible gift recipient?
- Application for Gift under different heads
- Managing the risks of overseas philanthropy
- Charitable donations: best practice for tax effectiveness
- Do’s and don’ts
Presented by Anne Robinson, Principal, Prolegis Lawyers
2.45pm to 3.30pm: Amalgamation and Mergers of Not-for-Profit Organisations
- The current landscape of NFP mergers: drivers, funding and strategic directions
- Beyond the legal and financial: applying the betterment test
- Due diligence and culture in NFP mergers
- Doing the deal: merger agreements and mission preservation
Presented by Vera Visevic, Partner, Head of Charity & Not-For-Profit, Mills Oakley
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm: The Rise of the Social Enterprise
- The changing funding landscape and the need to think corporate
- Legal considerations in company structures
- People and culture considerations
- Maintaining long term sustainability
Presented by Andrea Christie-David, Director, Relationships Australia
4.30pm to 5.15pm: Constitution for a Charitable Company: Practical Tips and Helpful Processes
Take a deep dive into the functions of a charitable company’s constitution, including insightful analysis and practical guidance regarding forward-looking membership issues, governance structures and more.
Presented by Joseph O’Mara, Associate, Emil Ford Lawyers