Explore the intricate landscape of governance, safety, and privacy within religious foundations. This enlightening session promises to arm you with the necessary insights and strategies to navigate these crucial areas, ensuring a secure, compliant, and ethical environment for your noble missions. Don't miss this pivotal opportunity to enhance your institution's integrity.
Description
Attend and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Session 1: Navigating Governance and Compliance Challenges in Religious Institutions
Chair: Josephine Heesh, Partner, Carroll & O'Dea Lawyers
12.15pm to 1.15pm Key Regulatory and Governance Challenges: Tax and Board Supervision of Management
- Tax and regulatory:
- Who is a ‘religious practitioner’ for the purposes of fringe benefits tax exemption?
- Is it worth asking for a private ruling on fringe benefits tax exemptions?
- Can a registered charity lose its income tax exemption because of poor administration?
- Must the ATO and ACNC work together if governance issues affect tax exemption?
- Board supervision of management:
- Retaining Board knowledge and maintaining good habits through Board composition changes
- The Board’s role in ensuring regulatory compliance
- The Board’s ownership of the mission or purposes of the institution
- How are unincorporated associations and Basic Religious Charities affected?
Presented by Chris Mills, Director, Neumann & Turnour Lawyers
Professional Skills
10.00am to 11.00am Board Member Induction: Aligning Education, Formation and Mission
- What needs to be done through a process of induction: how to educate potential board members in the institution's mission?
- The strategies that should be put in place for the ongoing formation of members to ensure their role aligns with the institution's mission
- The difference between training education and formation
- The theological issues relating to participation in the ministry and mission of a religious institution and expectations that flow from this
Presented by Fr Brian Lucas, National Director at Catholic Mission
11.00am to 11.15am Morning Break
Session 2: Navigating Child Protection, Employment Law and Data Challenges in Religious Institutions
Chair: Mark Fowler, Principal, Fowler Charity Law Pty Limited
11.15am to 12.15pm Love Thy Neighbour: Structuring and Governance Considerations for Religious Institutions Serving Those in Need
- Basic religious charities compared to other religious charities
- Purpose, activities and structuring for maximum impact
- Challenges for religious institutions in registering as a public benevolent institution
- Overseas activities and the external conduct standards
Presented by Elizabeth Lathlean, Special Counsel, Gilbert+Tobin
9.00am to 10.00am Governance and Regulatory Concerns of Religious Organisations: Asset Management and Trusts
- Bequests, property sales, and ministry changes:
- Anticipating significant wealth transfers through bequests in the future
- Caution about potential issues if gifts are made to charities that no longer exist or have changed
- Challenges in repurposing assets from ministries that are ending
- Requirements for court approval if property held on charitable trusts has unclear terms or disputes
- Religion and the law of trusts
Presented by Anthony Cheshire SC, 8 Wentworth Chambers
2.00pm to 3.00pm Child Protection and Safety Obligations
- What exactly is the legal duty in relation to child safety under the Work Health and Safety Act (WHS Act)
- What are some of the biggest risks facing child safety in a work health and safety context
- What are some of the things schools can do to ensure its approach to child safety under the WHS Act is compliant
- What happens if a reportable incident under the WHS Act occurs, involving a child, both in terms of investigation and individual exposures
Presented by Patrick Barry, Barrister, State Chambers
3.00pm to 3.45pm Upholding Safety Standards: Employment Law Reforms and Fair Work Decisions for Religious Institutions
- Understanding what the closing the loopholes reforms mean for religious institutions
- Review of recent Fair Work decisions and its relevance to religious institutions
Presented by Adam Foster, Partner, Colin Biggers & Paisley
3.45pm to 4.00pm Afternoon Break
4.00pm to 5.15pm Privacy and Cyber Safety in Religious Institutions
- Information landscape for religious institutions
- Overview of cybersecurity legislative landscape in Australia
- Snapshot of non-Australian cybersecurity laws
- Privacy legislation, specifically
- Main APPs
- Treatment of Sensitive information
- Obligations to protect personal information and sensitive information
- Cross-border disclosure
- Notifiable Data Breach
- Legislative reforms
- Director's duties with respect to cybersecurity
- Threat and opportunities with Generative Artificial Intelligence from a cybersecurity perspective
- Building a cybersecurity regulatory compliance framework through ICT governance and outsourcing
Presented by Dalvin Chien, Partner, Mills Oakley
Presenters
Anthony Cheshire SC, Barrister, Wentworth Chambers
Anthony was called to the English Bar in 1992 and practised at the bar in London before coming to Sydney in 2003. He practices from the 8th Floor Wentworth Chambers in a broad range of areas, but with a particular focus upon general commercial, corporations, insolvency, wills and estates, equity, charities, associations, inquiries, property, licensing, insurance and professional negligence. He has extensive experience in relation to the internal affairs of corporations and associations and has acted for a variety of commercial, sporting, recreational, religious, political and other bodies and their members. He has been a barrister for over 30 years and was appointed Senior Counsel in 2015.
Chris Mills, Director, Neumann & Turnour
Chris Mills is a director at Neumann & Turnour Lawyers and leads its dispute resolution and employment law divisions. His practice primarily focusses on issues specific to Churches, Charities and Not-for-profits and he is dedicated to the innovation of skills and strategies that are highly effective in meeting the needs of his clients while minimising cost and delay. His interest in the unsettled question of the employment of clergy led him to complete a Masters Thesis in 2018 titled Bargain or benefice? Understanding the legal relationship between an Australian church and its clergy and since then he has keenly observed the trajectory of the law in that space. In addition to his practice of the law, Chris sits on boards and management committees of charities and not-for-profits and is a member of the Australian Institute of Company Directors.
Josephine Heesh, Partner, Carroll & O'Dea Lawyers
Josephine has built a distinguished 45year career as a solicitor, specializing in supporting religious, charitable, philanthropic and other not-for-profit organizations. Her expertise includes setting up their structures, designing and advising on their governance, long term planning to ensure their ongoing mission and charitable purpose and advising on tax and property law issues. Josephine's educational background includes a Bachelor of Arts and Bachelor of Laws from the University of Sydney, followed by a Master of Laws. Her professional journey includes significant roles such as becoming a partner at Carroll & O’Dea Lawyers and a Graduate Member of the Australian Institute of Company Directors. She has served on various boards, including The Catholic Weekly Newspaper and Kincoppal Rose Bay School, and chaired the Sancta Sophia College Council for a decade. Currently, she is a board member of the North Sydney Retirement Trust which operates James Milson Village at North Sydney and Woolwich and is a committee member of OLSH Overseas Aid Incorporated, demonstrating her ongoing commitment to community service.
Fr Brian Lucas, National Director at Catholic Mission
Fr Brian Lucas is the National Director of Catholic Mission and was previously the General Secretary of the Australian Catholic Bishops Conference. He has served on several church boards including 12 years as a Director of Catholic Church Insurance Limited. He has post-graduate qualifications in law, theology and general studies and is a co-author of the Church Administration Handbook and author of Collaborators in Ministry: A Guide for Lay People and Clergy. He is a graduate member of the Australian Institute of Company Directors.
Elizabeth Lathlean, Special Counsel, Gilbert+Tobin
Elizabeth Lathlean is a Special Counsel in Gilbert + Tobin’s Charities + Social Sector practice. 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 recognises Elizabeth for her work in the area of Corporate Law.
Mark Fowler, Principal, Fowler Charity Law Pty Limited
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.
Patrick Barry, Barrister, State Chambers
Patrick has a national practice specialising in workplace health and safety law (including National Heavy Vehicle and mining prosecutions), employment law, and appearing at inquests. Patrick regularly appears as sole counsel and opposed to Senior Counsel in matters at first instance and on appeal in courts and tribunals across all Australian jurisdictions. His practice focuses principally on defending corporate entities and individuals in workplace safety prosecutions across a range of industries including construction, mining, petroleum and gas, manufacturing, aviation and road transport. He also appears for employers in a variety of employment disputes. Patrick is recognised as among the leading Workplace Safety barristers in New South Wales and South Australia in Doyle’s Guide, consecutively from 2017. Prior to being called to the Bar in 2014, Patrick practised as a solicitor at Freehills and K& L Gates. Patrick also holds a Master in Historical Studies from the University of Oxford.
Adam Foster, Partner, Colin Biggers & Paisley
A partner in the employment and safety team since 2023, Adam advises his clients on best practice workplace policies and frameworks in employment and industrial relations law. Adam helps his clients navigate the changes and issues that arise as employment and industrial relations laws change to ensure they have policies in place and are compliant from a regulatory perspective. Adam advises on policy and contract preparation and development, unfair dismissals, terminations, workplace investigations, general protections disputes, enterprise bargaining, modern slavery compliance, underpayment reviews and disputes to clients in industries including education, health, construction, manufacturing, professional services and the not for profit sector.
Dalvin Chien, Partner, Mills Oakley
Dalvin is a partner at Mills Oakley where he leads the ICT and Digital Law team. Dalvin is a leading technology and cybersecurity lawyer with over 20 years’ experience. He has deep expertise in technology contracting, privacy, cybersecurity, security of critical infrastructure, data sharing, e-commerce and emerging technology including Artificial Intelligence. He has led deal teams for significant technology transactions and advised on novel and complex cybersecurity and technology issues for a broad range of clients. Teams Dalvin leads has ranked in Legal 500 for Technology. Dalvin was a finalist for Cybersecurity Partner of the Year in 2023 and 2024 and for Technology Law Partner of the Year in 2022, 2023, and 2024 at the LawyersWeekly Partner Awards. He was a finalist for Partner of the Year at the LawyersWeekly Law Awards in 2024. Dalvin is a member of the NSW Law Society Data and Privacy Law Committee. Dalvin previously taught Information Technology Law, Commercial Drafting, Commercial Law, and Negotiation at a tertiary level. He is frequently called upon to provide workshops and thought leadership pieces on procurement, technology transformation, cybersecurity, innovation, data sharing, and Artificial Intelligence.
