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Charity Listing with the ACNC

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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AGIS: Workplace standards for identifying and evaluating breaches

Workplace investigations undertaken by a Government agency must be conducted in accordance with the Australian Government Investigation Standards 2011 (AGIS). The standards were developed in conjunction with the Australian Federal Police and aim to maintain integrity in any government investigation process. The Standards set out the minimum standards required throughout all stages of an investigation.  …
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New Procurement Rules for the Commonwealth

New Commonwealth Procurement Rules (CPR) were released by the Department of Finance on 20 April 2019. These new CPRs apply for any new procurement from their commencement date.  The CPRs are a set of rules for most Commonwealth procurements. The changes, in essence, are made to accommodate the Government Procurement (Judicial Review) Act 2018 (Cth), international …
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Through to the keeper: Do you know your sporting organisation’s privacy obligations?

Despite being 30 years old, organisations can still be confused about their obligations under the Privacy Act 1988 (Cth) (Privacy Act). Whether the Privacy Act even applies can be a minefield for sporting organisations such as sporting clubs, gyms, and governing bodies. Unfortunately, ignorance of the law excuses no one, and fines for a breach of the …
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Employers Obligations and Job Applicants

Metro North Hospital and Health Service has been ordered to pay former Queensland Assistant Health Minister Dr Christopher Davis, $1.45 million for a contravention of the Anti-Discrimination Act 1991 (Qld). In August 2014, Dr Davis applied for the position of Senior Medical Officer at the Hospital. Another applicant was advised that he was unsuccessful for …
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Culture and Corporate Governance

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 …
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ACTPLA loses bid to revoke development approval

The ACT Planning and Land Authority has lost a case in the ACT Supreme Court where the Applicant, Capital Recycling Solutions, sought an order that a decision to revoke planning approval was void ab initio – or for most of us that aren’t familiar with Latin – had at no time legal validity. This is …
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ACNC Governance Standard 4 – Suitability of Responsible Persons

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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