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
9.00am to 10.00am Key Regulatory and Governance Challenges: Tax Exemptions, Board Dynamics and Asset Management
- Current ATO focus areas for religious institutions:
- Fringe benefits tax exemptions for religious practitioners, especially BRCS and entities with complex structures
- Refund of franking credits, ensuring eligibility requirements are met
- Scrutiny of related party transactions
- Determining correct DGR entitlement
- Shifts in board supervision of management
- Board composition challenges
- Balancing skills of board members with alignment to the organisation's religious/spiritual mission
- 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
Presented by Vera Visevic, Partner, Mills Oakley
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 Comparing Religious Charities: Purpose, Structure and Registration Challenges
- 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
12.15pm to 1.15pm Navigating the Shift: How Corporatisation Transforms Governance in Religious Institutions
- What’s so special about the governance of religious bodies
- Religion and the law of trusts
- Where does the unincorporated association fit into the governance conversation
Presented by Anne Robinson, Consultant, Prolegis Lawyers
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
Josephine Heesh, Partner, Carroll & O'Dea Lawyers
Josephine has built a distinguished 40-year career as a solicitor, specializing in supporting religious, charitable, and philanthropic organizations. Her expertise spans setting up structures, designing governance, managing systems, 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 contributes to the North Sydney Retirement Trust and OLSH Overseas Aid Incorporated, demonstrating her ongoing commitment to community service.
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 several Not-For-Profit boards and committees.
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 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.
Anne Robinson, Consultant, Prolegis Lawyers
Anne Robinson AM is the founder and partner of Prolegis Lawyers, specializing in legal services for the for-purpose sector, including charities and philanthropists. With over 20 years of experience, she has provided legal advice on corporate law, governance, and tax issues for various charitable institutions in Australia. Anne has extensive experience in the governance of charitable organizations, having served on the boards of schools, hospitals, and international aid organizations, including a 12-year tenure as Director and Board Chair of World Vision Australia. Currently, she chairs the Bible Society Australia and is actively involved in several legal and charitable committees, including the Charity Law Association of Australia and New Zealand.
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 leading technology and digital lawyer with over 20 years’ experience. Dalvin 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 clients in the banking, government, technology, logistics and health sectors.
