Community & Associations Newsletter – August 2017
Published on August 10, 2017 by Bill Madden and Josephine Heesh
Welcome to the August 2017 edition of the Carroll & O’Dea Community & Associations Newsletter. In this edition our contributors:
- Review the latest discussion paper issued by the Australian Treasury in relation to proposals to reform the current Deductible Gift Recipient (DGR) regime;
- Consider the application of the Australian Consumer Law to education settings;
- Summarise the proposals that emerged from the 2017 National Constitutional Convention in the Uluru Statement from the Heart; and
- Provide some Good News on Carroll & O’Dea’s involvement with the Australian Catholic University’s Clemente program.
The Carroll & O’Dea Community & Associations Team
ACNC Update
Deductible Gift Recipient Tax Reform
The Australian Treasury has issued a discussion paper on proposals to reform the Deductible Gift Recipient (DGR) regime, with a particular focus on requiring all non-government DGRs to be registered charities with Australian Charities and Not-for-profit Commission (ACNC). The paper identifies that governance and reporting standards of such charities, would then be enhanced. The paper raises particular issues concerning advocacy.
Compensation Claims by Students Under the Australian Consumer Law
Emeritus Professor Stephen Corones argues that the nature of modern university education is such that students are consumers under the Australian Consumer Law (ACL) and that their education is provided by universities “in trade or commerce”. If this is the case, then the next question is: does the same apply to primary and high school education?
Uluru Statement from the Heart
Delegates from 13 Aboriginal and Torres Strait Islander regions recently met at Uluru for the 2017 National Constitutional Convention, organised by the Referendum Council. On Friday 26 May 2017, following three days of discussion at the Convention, and six months of public consultation, Professor Megan Davis delivered the Uluru Statement from the Heart which called for “substantive constitutional change and structural reform”.
Good News
Clemente Australia Anthology- Shifting Perspectives
On Thursday, 6 July 2017 Carroll & O’Dea Lawyers hosted the launch of an anthology of poetry, prose and artwork authored by the students involved in the Australian Catholic University’s Clemente program.
The Clemente program extends a chance to individuals from disadvantaged backgrounds and marginalised members of society, who would otherwise not have the opportunity, to engage in university study. Carroll & O’Dea has provided tutors to various Clemente students for each academic year since 2009.
The students initially complete a qualifying program and, if successful, enrol with Australian Catholic University at no cost. The students chose from a variety of subjects in the humanities disciplines, taught using a method focused upon discussion-based learning with small class sizes. Those students that successfully complete four units are awarded a Certificate in Liberal Studies by the University.
A number of our solicitors and law clerks provide one hour a week one on one at Carroll & O’Dea offices tutoring the students, and assist them to complete their coursework and to develop strategies for organisation, time management, managing reading lists, research, timely assignment preparation and engagement with their studies in a more meaningful way.
At the anthology launch, some former students read from their work, much of it deeply imbued by their own life journeys and insight.
Mr David Malouf, whose novel “Remembering Babylon” is a set work, explained how an outsider need not fear his difference but share it and educate others. Mr David Malouf spoke about the importance of the Clemente programme and the hugely positive impact the program can have for participants, particularly in terms of their longer term career and educational prospects.
