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 …
Read more
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 …
Read more
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 …
Read more
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 …
Read more
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 …
Read more
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 …
Read more
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, …
Read more
It would be remiss of us to not mention the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, which has consumed much of media and news reports recently. Culture was the predominant theme of the Commission, and indeed its finding. Corporate culture, however, is probably the theme of the decade. An …
Read more
A “Responsible Person” is a person that is responsible for governing a charity, for example a member of the board or committee or trustee of a charity. The Australian Charities and Not-for-profits Commission (ACNC) has high expectations on Responsible Persons and ACNC Governance Standard 4 is premised on the expectation that Responsible Persons governing a charity are …
Read more
Welcome to 2018! It is set to be another interesting year ahead, as the Australian Open kicks off this week, we head towards the 2018 Winter Olympics in South Korea, we see the 2018 Commonwealth Games hosted in the Gold Coast, and we await the 2018 FIFA World Cup in Russia. It’s also the year …
Read more