Community and Associations Newsletter – October 2018
Published on October 22, 2018 by Hayley Aldrich and Josephine Heesh
Introduction
This month we offer comments across a range of areas:
- For Basic Religious Charities, see recommendations from the ACNC Review.
- For those interested in Indigenous constitutional recognition, see our analysis of where the debate has reached.
- For anyone serving on a not for profit board, read about the importance of the company’s constitution.
- For those working daily with red tape, see some further measures to reduce it.
We trust you will enjoy this read.
The Carroll & O’Dea Community & Associations Team
ACNC Update
Basic Religious Charities
As we discussed in our April 2018 newsletter edition, a statutorily imposed review of the ACNC legislation by a panel appointed by the Federal Government was then underway.
On 31 May 2018 the panel released its final Report and Recommendations, which contained discussion of particular interest, and relevance, to Basic Religious Charities. As we foreshadowed in our previous commentary on submissions made to the panel, the future of Basic Religious Charities following the handing down of the Report remains uncertain.
Read more
Merryn Lynch Solicitor
Update on Constitutional Recognition of Indigenous Australians
The issue of constitutional recognition remains unresolved. Where is it up to?
Read more
Lillian Kidman, Solicitor
Hayley Aldrich, Associate
Kimberley College Ltd v Davis 2018 FCA 1102 (24 July 2018)
This recent decision of Greenwood J in the Federal Court of Australia highlights the importance of reading and reviewing a company’s constitution when providing advice to the company.
Read more
Katherine Driscoll, Solicitor
Josephine Heesh, Partner
Red Tape Reduction
The following recent developments should give heart to the third sector that, if it is willing to persevere, it will see results. These are:
- From 1 October 2018 duplicate reporting of financial information for incorporated associations in New South Wales will be removed, if they are registered with ACNC and have filed their up to date Annual Information Statement (AIS). This aligns with similar moves by Victoria, South Australia, Tasmania and ACT.
- Establishment of the “Charity Fundraising in the 21st Century” Senate Select Committee to consider harmonising the different state and territory regimes regulating fund raising licensing.
- Extension of the reporting due date for charities impacted by the delayed release of the ACNC’s new website. All charities that have a due date between 31 December 2018 and 28 February 2019 now have until 31 March 2019 to submit their AIS.
Good News
Almost every day we hear of individuals who wish to right a wrong and many resort to establishing a charity to that end. We have recently assisted a group of students to establish child care centres in East Timor; we know of the Orange Laundry movement, established by two young men who saw a need and with simple tools, created a service that many homeless persons can use; and many schools give students plentiful immersion opportunities to visit places and interact with people they would never otherwise meet, in order to learn about how others live.
We exhort the youthful exuberance of individuals who take on a challenge, fund raise with amazing self confidence, and produce results that many of the older generation would not consider realistic.
