As a result of the Corona Virus Outbreak (COVID-19) and social isolation restrictions, many organisations are finding it impossible hold their AGM. For companies with a financial year end of 31 December, AGMs are generally required to be held by 31 May. However, the Australian Securities and Investments Commission (ASIC) has relaxed this requirement. ASIC …
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It has been discussed for some years now, but the Treasury Laws Amendment (Registries Modernisation and Other Measures) Bill 2019 is finally before Parliament and in fact, is currently before the Senate. The aim of the Bill, in part, is to introduce director identification numbers and reduce phoenixing activity. Phoenxing activity occurs when, as the …
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On 13 November 2019, the Australian Securities and Investments Commission (ASIC) released its updated regulatory guidelines on whistleblower policies and what it expects a policy to contain. ASIC requires that a whistleblower policy include: detail on who can make a disclosure both internally and externally; the types of wrongdoing that can be disclosed; details on …
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In the recent case of Kroeger v Mornington Peninsula Shire Council [2019] FCCA 2313 (22 August 2019), the Federal Circuit Court of Australia provided useful guidance for employers and employees with more than one job in an organisation. Facts The Applicant was employed by the Respondent in two jobs, as Fitness Instructor and a Customer …
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Many not-for-profit organisations are registered as an incorporated association. An incorporated association is governed by the legislation of the State or Territory in which they are registered. However, the other most common structure for a not-for-profit entity is a public company limited by guarantee. Every organisation operates differently and should consider the most appropriate structure …
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An unincorporated association, unlike a company, does not have legal status and is not a separate legal entity from its members.[1] Therefore, an unincorporated association cannot enter into contracts, including contracts for supply or employment, and cannot sue or be sued.[2] The question, therefore, arises as to who is liable when it comes to unincorporated associations, and …
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It is important for any organisation to stay on top of regulatory changes. For associations incorporated in the ACT (Associations) there have been at least two important changes to be aware, changes to the Associations Incorporation Act 1991 (ACT) (Associations Act) and the potential new requirement to have a Whistleblower Policy, brought in by the …
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Whilst probity is not an exciting topic, it is a very important one and should be considered when undertaking any procurement process. As government agencies and departments increase their interaction with the private sector, clear, visible and meaningful commitments to fairness encourage more suppliers to engage in business with the public sector. As such, the …
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Think it’s too early to plan for your organisation’s AGM? Think again. Many of the tasks required to properly plan for and hold an Annual General Meeting (AGM) take months to prepare for – whether it be preparing amendments to a Constitution or conducting a skills audit of your board. These things take time. Here …
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Throughout the year we assist clients with their corporate governance and regulatory compliance. The Australian Charities and Not-for-profits Commission (ACNC) has imposed new obligations on charities, in some cases in addition to existing reporting obligations. We often find that charities are not up to date with their ACNC lodgements. If you work for a charity, …
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