NFP & Charities: Strategies for Legal, Regulatory and Commercial Risks

Join this essential conference to examine governance and financial integrity in the not-for-profit sector. Learn from industry, legal and accounting experts and thought leaders about imperative strategies and best practices to manage conflicts of interest, diversify revenue streams, and navigate pathways to merger. Hear about all important steps to take with response planning, mitigation and incident detection of cyber breaches. Gain insights into tax compliance requirements, reporting, tax obligations, and the latest updates in employment taxes and GST. Don't miss this opportunity to strengthen and protect your organisation's foundation for success.

Tuesday, 17 September 2024
Early Bird Discount ends 2 Aug 2024 $556.50
Description

Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

Session 1: Regulatory Compliance, Governance and Mergers for NFPs & Charities


Chair: 
Dr. Mark Fowler, Principal, Fowler Charity Law

9.00am to 10.00am Balancing Compliance and Agility: A Challenge for NFPs

 

  • The regulatory requirements of complying with the ACNC Governance Standards
  • What the standards mean in practice for small to medium NFPs who aren’t ‘Corporatised’
  • Maintaining the community ethos of your NFP while meeting your regulatory obligations

Presented by Dr. Rateb Jneid, Lawyer, DTS Legal

10.00am to 11.00am Navigating Conflicts of Interest and Related Party Transactions for Charities

 

  • Overview of obligations imposed on registered charities
  • ACNC Guidance on Conflicts of Interests and Related Party Transactions
  • Recent regulatory response to non-compliance matters    
  • Practical tips for developing effective policies and procedures

Presented by Richard Hundt, Principal Lawyer, Hundt Law

11.00am to 11.15am Break
11.15am to 12.15pm Pathways to Merger for Not-for-Profits

 

  • A guide for not-for-profit organisations considering merger or acquisition
  • Common forms of merger and key considerations when analysing the options available
  • Legal structure essentials and how this may dictate the forms of merger for your organisation
  • Key stages in the merger process
  • Essential elements of due diligence for not-for-profits

Presented by Rebecca Lambert-Smith, Practice Leader, Moores

12.15pm to 1.15pm Cyberwarfare Strategies for NFP's: Incident Response and Real-World Examples

 

  • Threat actors: who, what and why
  • A threat and landscape overview: capabilities, resources and tactical procedures
  • Response planning, mitigations and incident detections

Presented by Andrew Constantine, Founder and Managing Director, CIO Cyber Security

Session 2: Tax Obligations and Commercial Strategies for NFPs & Charities


Chair: 
Vera Visevic, Partner, Mills Oakley

2.00pm to 2.45pm Diversifying Revenue Streams: Navigating Commercial Activities for Charities

 

  • Understand why charities are diversifying revenue streams, including growth, sustainability, and reducing dependency risks
  • The increasing engagement of charities in commercial activities as a viable option
  • Effective methods for framing revenue-raising activities
  • Learn how to differentiate between purely commercial activities and those aligned with charitable purposes
  • Understand the potential impact of engaging in commercial activities on charity registration and tax concessions

Presented by Darren Fittler, Partner, and Elizabeth Lathlean, Lawyer Gilbert + Tobin

2.45pm to 3.30pm Reporting and Tax Obligations for NFPs: Why it Matters?

 

  • Overview of NFPs reporting obligations (to who, what for, and when?)
  • Why does it matter?  The importance of complying with reporting and tax obligations
  • Recent changes to eligibility requirements for NFPs to self-assess as income tax exempt
  • Incorporating reporting and tax considerations into your NFPs annual governance health check

Presented by Catherine Nufer, Special Counsel and Chartered Tax Adviser, Hamilton Locke

3.30pm to 3.45pm Break
3.45pm to 4.30pm Employment Taxes Update for Not-for-Profits and Charities


Latest tax considerations, recent changes and emerging issues regarding areas such as:

  • Salary packaging opportunities
  • Electric vehicles and FBT exemption
  • Common FBT traps
  • Dealing with superannuation shortfalls
  • Differences between employees, volunteers, and contractors
  • Payroll tax exemptions for charities
  • And more!

Presented by Elizabeth Lucas, Partner, Employment Solutions, Grant Thornton

4.30pm to 5.15pm GST, NFPs and Affordable/Social Housing

 

  • GST for NFPs generally
  • GST-free treatment for some accommodation:
    • 75% of market value (or cost): how to determine in practice
    • Government programs – complications to be managed
    • Private sector partnering structures
  • Build to Rent

Presented by Rhys Penning, Partner – Indirect Tax, GST, Grant Thornton 

Presenters


Dr. Rateb Jneid, Lawyer, DTS Legal


Richard Hundt, Principal Lawyer, Hundt Law
Richard is an experienced lawyer who has provided legal advice to government, private, not-for-profit, and high net worth clients on a wide range of general corporate and commercial matters, along with advice specific to the charities and not-for-profits sector. Richard has been admitted in the High Court of Australia and Supreme Court of Queensland. He is an active member of the Queensland Law Society’s Not-for-profit Law Committee, a member of the Institute of Community Directors, along with a member of the ACNC Professional Adviser Forum.


Dr. Mark Fowler, Principal,Fowler Charity Law
Mark Fowler’s specialist areas of advice include the law applying to schools, international aid organisations, retirement villages, aged care facilities and religious organisations. Mark also has a breadth of experience in property and commercial law, with a particular focus on the affordable, community and social housing sectors. Mark has advised many leading national and international charities across these fields. Prior to establishing Fowler Charity Law Pty Ltd in 2019, Mark was a Partner in leading national charity and not-for-profit law firms located in Sydney and Brisbane. He is an Appeals Panel member for the Australian Council for International Development (ACFID), the peak body for Australian non-government organisations (NGOs) involved in international development and humanitarian action. He is a member of the Australian Charities and Not-for-Profits Commission Professional Users Group and has served as a member of the Queensland Law Society’s Human Rights Working Group. Mark is also an Adjunct Associate Professor at the University of Notre Dame, School of Law, Sydney, and an Adjunct Associate Professor in the Law School at his alma mater, the University of New England. He is also a Research Scholar at the Centre for Public, International and Comparative Law, University of Queensland.


Vera Visevic, Partner, Mills Oakley
Vera Visevic heads up the Sydney NFPs, Human Rights and Social Impact team at Mills Oakley. Acting for numerous charities, religious and not-for-profit organisations, Vera has 30 years' experience in the profession. In the not-for-profit sector, Vera focuses on constitutional reviews, mergers, governance and fundraising issues and regularly advises on ACNC and ATO endorsements. Vera is an author in "Charity Law", European Lawyer Reference (2012, 2016 and 2018). Vera sits on a number of Not-For-Profit boards and committees.


Rebecca Lambert-Smith, Practice Leader, Moores
Rebecca is a Practice Leader in the Corporate Advisory team and heads up the For Purpose team at Moores. Rebecca provides expert advice to charities, not-for-profits and social ventures on a wide range of legal and governance matters. As a trusted advisor to For Purpose clients experiencing creation, crisis and change, Rebecca enjoys helping clients navigate the challenges of the current regulatory environment. This includes helping new organisations get established, providing complex structuring advice, improving governance, resolving internal disputes and responding to ACNC investigations. Having served on a number of Boards, Rebecca understands the competing priorities of modern governance. She regularly provides Board training and presents seminars and webinars to the For Purpose sector. Rebecca formerly practiced in commercial litigation.


Andrew Constantine, Founder and Managing Director, CIO Cyber Security
Andrew Constantine is a cyber security red teamer - working with corporate ASX organisations to enhance their cyber security posture using cyber warfare and cyber security attack simulations to raise awareness. , He's the founder of CIO Cyber Security a private advisory firm working with Cyber Security Leaders to enhance and build a better response to attacks.


Elizabeth Lathlean, Senior Lawyer, Gilbert + Tobin
Elizabeth Lathlean is a Senior Lawyer in Gilbert + Tobin’s Charities + Social Sector group. Elizabeth specialises in the provision of legal advice and assistance to charities, not-for-profits and social sector organisations. She provides expert assistance on all areas of charity and not-for-profit regulation and compliance, as well as acting in relation to mergers and acquisitions, restructuring transactions and corporate governance. Elizabeth is a non-executive director of CBM Australia, a registered charity and international development organisation. Best Lawyers 2024 recognises Elizabeth for her work in the area of Corporate Law.


Elizabeth Lucas, Partner, Employment Solutions, Grant Thornton
Elizabeth has extensive experience in providing fringe benefits tax, salary packaging and employment tax advice to not-for-profit bodies, corporate clients and Government organisations. She is passionate about helping her clients to achieve optimal outcomes for both the organisation and its employees. Elizabeth is a significant contributor to her profession and the not-for-profit sector in particular. She has chaired the Tax Institute’s FBT Subcommittee, has served on the ATO’s various FBT stakeholder groups and consultations for many years, and continues to do so, and was a member of the Not-for-profit Sector Tax Concession Working Group reporting to the Federal Government.


Rhys Penning, Partner – Indirect Tax, GST, Grant Thornton


Darren Fittler, Partner, Gilbert + Tobin
Darren Fittler is the lead partner in Gilbert + Tobin’s Charities + Social Sector group. Darren specialises in the provision of legal assistance to charities, not-for-profits and social impact organisations, including large and small charities, overseas aid agencies, community organisations, environmental and cultural organisations, corporate foundations, religious organisations and congregations, industry associations and private families and individuals. Darren’s expertise in laws and circumstances unique to charities, not-for-profits and social impact organisations and his generalist corporate and commercial law experience enables him to provide innovative, holistic, strategic and targeted legal advice and practical guidance. Best Lawyers 2021 recognises Darren in Non-Profit/Charities Law and Chambers Asia Pacific 2020 ranks Darren in Band 1 for Charities. Darren was named in the 2015 Australasian Lawyer Hot List as a “Pillar of the Community” and was the recipient of the 2014 Human Rights Commission Law Award in recognition of his long term commitment to assisting not-for-profit and charitable organisations. Darren is the author of two chapters in the Thomson Reuters NFP Best Practice Manual and the chapters on not-for-profit organisations and NSW incorporated associations in the NSW Lawyers Practice Manual. He is a volunteer director of Vision Australia and has previously held roles on the boards of numerous charities. Darren also attended meetings at the United Nations in New York, helping in the development of the International Convention on the Rights of Persons with Disability.


Catherine Nufer,Special Counsel and Chartered Tax Adviser, Hamilton Locke
Catherine offers experience in a wide range of complex taxation matters including, income tax, capital gains tax, corporate tax, GST and state taxes (stamp duty, payroll tax and land tax) in all Australian jurisdictions. She advises and implements effective structures for transactions and asset ownership, as well as assists clients with structuring and restructuring in a tax effective manner. She also has experience in tax controversy matters (including audits, objections and appeals), with both the ATO and the various state revenue authorities. Catherine also offers significant experience in not-for-profit and charities law, regulations and governance issues and regularly advises companies, incorporated associations, unincorporated associations, charitable trusts and entities established under Letters Patent. Catherine is a Non-Executive Director and the Treasurer of Flipside Circus Ltd, a Brisbane based circus arts charity and is passionate about the challenges facing not-for-profits and charities in Australia. Catherine is able to provide collaborative, practical and commercial solutions for a wide range of clients, including not-for-profits and charities, high-wealth individuals, privately owned companies and large corporations, across of range of industries.

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NFP & Charities: Strategies for Legal, Regulatory and Commercial Risks

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Tuesday, 17 September 2024
9.00am to 5.15pm Australia/Sydney
CPD Points 7
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Tuesday, 17 September 2024
9.00am to 1.15pm Australia/Sydney
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Tuesday, 17 September 2024
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