Alert: AHRC releases guidelines for new positive duty. From 12 December 2023, the Australian Human Rights Commission will have the power to enforce compliance with the positive duty obligation under section 47(c) of Sex Discrimination Act 1984 (Cth). The positive duty requires organisations and businesses to take ‘reasonable and proportionate measures’ to eliminate, as far …
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Similar to the advent of the personal computers and the internet, ChatGPT is on the path to revolutionise the way we work, and the speed in which work can be done. With this change comes impacts to a whole raft of current practices in business, which although disruptive, will, in the long term, see an …
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Charities that are companies limited by guarantee do not need to notify ASIC of changes to officeholders. However, these charities do need to notify ACNC of the change of company directors. Similarly, changes to a Charity’s constitution or address should be lodged with ACNC and not ASIC. Changes to a company name are, however, notified …
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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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Before a charity is wound up there are several compliance activities that must occur with the Australian Charities and Not-for-Profits Commission (ACNC), including lodging the most recent Annual Information Statement. Once this is done, charities are required to submit the relevant form requesting that the Commissioner revoke registration. If the request is approved, it takes …
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Changes to the Electoral Act 1918 (Cth) now require charities that spend money to influence voters in a federal election to register and report expenditure to the Australian Electoral Commission (AEC). Depending on the level of expenditure, a charity may be subject to disclosure requirements as: a political campaigner; or a third party. Political campaigner …
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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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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 …
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On 8 October 2018, the Governor-General signed off on the Letters Patent establishing the Royal Commission into aged care, available here. This Royal Commission is future focused. It is aimed at looking at how quality aged care services can best be delivered. In doing this it is charged with examining the extent of the substandard …
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STRENGTHENING FOR PURPOSE: AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION LEGISLATION REVIEW 2018 The Report following a review of the Australian Charities and Not-for-Profits Commission (ACNC) legislation was released on 22 August 2018 after much industry consultation. While the review is focused on the Act and operations of the ACNC, it makes a number of recommendations which …
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