Director Penalty Notices – Rights, Responsibilities, and Recourse
In the realm of corporate governance, directors play a pivotal role in steering the course of their companies. However, with such authority comes responsibility, including ensuring compliance with tax obligations. In pursuit of tax collection, the ATO often resort to Director Penalty Notices (DPNs) as a means to hold directors personally liable for certain tax […]
“She’ll Be Sweet” Says Queensland Sugar – As Long As It Serves The Interests Of The Members As A Whole
“She’ll Be Sweet” Says Queensland Sugar – As Long As It Serves The Interests Of The Members As A Whole Private companies are occasionally caught up in “oppression” proceedings, where a shareholder alleges unfair conduct, and seeks court orders to remedy the unfairness. Charities and Not for Profits can also be caught up in […]
Review of Australian Charities and Not-for-profits Commission legislation
The Australian Charities and Not-for-profits Commission (ACNC) is the national regulator of charities and not-for-profits. It is responsible for ensuring public trust and confidence in the charities and not-for-profits (NFP) sector. This includes maintaining accountability and transparency, supporting and sustaining a strong, independent and innovative sector, and promoting the reduction of unnecessary regulatory obligations. After […]
Going for PBI? Want DGR status? There are new guidelines from the ACNC
New Interpretation Guidance for Public Benevolent Institutions (PBIs) When not-for-profits want Public Benevolent Institution (PBI) status, the first stop is the Australian Charities and Not-for-profits Commission (ACNC), and they have guidelines about what is required to get this status. The ACNC publishes the criteria it uses. In future, NFPs should look at the new Commissioner’s […]
Does your Charity have the Tick?
The Australian Charities and Not-for-Profits Commission (ACNC), has launched a ‘registered Charity Tick.’ The ACNC hopes the Tick will encourage public confidence in the charities sector. The tick may also act as an incentive for charities to meet ACNC requirements. Not-for-Profit organisations that are not registered charities cannot use the Tick. If you are running […]
Managing Conflicts of Interest for Charities
As a director or trustee of a charity, you must always act in the best interests of the organisation. However, at times this responsibility can conflict with a director’s personal interests. This is why charities require effective governance – to ensure that these conflicts of interest are identified, resolved or avoided altogether. Conflicts of interest […]
Australian Charities and Not-for-profits Commission (ACNC)
Former Prime Minister Tony Abbott said he would abolish the Australian Charities and Not-for-Profits Commission (ACNC). However, the Turnbull government has decided to keep the independent national regulator of charities. In a joint media release on 4 March 2016, the Minister for Social Services and the Minister for Small Business announced the retention of the […]
Statutory limitation periods in child abuse cases removed in NSW
The NSW Parliament has recently removed the limitation period that applies to all damages claims for child abuse. The Limitation Amendment (Child Abuse) Act 2016 implements the recommendations of the Royal Commission regarding Institutional Responses to Child Sexual Abuse. Recommendation from the Royal Commission The Royal Commission found that limitation periods act as a substantial […]