Immerse yourself in all the latest developments in the legal landscape affecting the not for profit and charities sector. Attend this multi-faceted program to hear insights from the ACNC. Ensure you can confidently address regulatory, taxation and governance concerns that could cause dispute and litigation in your organisation. Gain risk prevention strategies for cybersecurity breaches and involvement with children. Receive practical guidance on fundraising reforms and employment taxes.
Consider current and anticipated regulatory changes in the sector, with a focus on:
- Deductible gift recipient reforms: recent changes, progress and what’s to come
- Charitable fundraising reforms
- The Division 50 exemption and changes to self-assessment
Presented by Elizabeth Lathlean, Senior Lawyer, Gilbert & Tobin
- Why do boards exist?
- Analyse the skills assessment frameworks to enable selection of qualified directors
- Understanding the legal and fiduciary duties of directors
- Understanding the complex compliance and regulatory environment in which directors operate
- Examine decision making by boards and the key role executives play in the process all linked to strategy and risk
Presented by Stephen Howell, Director and Principal Advisor, Effective Governance
Understanding the core foundations of an information security program along with strategic initiatives to help keep security alignment with business values and objectives
- Overview Information security governance
- Security strategy
- Policies, processes and procedures
- Introduction to incident response and incident handling
Presented by Andrew Constantine, Founder and Managing Director, CIO Cyber Security
Activities with child participants are very common in charity and NFPs but bring into play a number of legal requirements and risks that organisations need to be aware of. Examine some of these and gain practical guidance on proactive policies and strategies you need to have in place to best protect children in your care, including:
- The application of federal and state child safety principles and obligations
- Implementing child safety and reporting requirements into the organisation
- What should be in child safety protection policies?
- Common law duties and workplace safety duty for child wellbeing and what it requires in practice: SafeWork NSW v SNAP programs Limited and State of NSW (Department of Communities and Justice) [2021] NSWDC 259
- Managing outsourced service providers and child safety risks
- What to do if your organisation receives an allegation of child abuse
- Personal and organisational liability issues
- An update on historical and current child abuse claims and cases
Presented by Jessica Lipsett, Director, Corney & Lind Lawyers
Chair: Vera Visevic, Partner, Mills Oakley; Chapter Author in Charity Global Guide
- Update on employment taxes and regulatory obligations
- FBT
- Superannuation
- Payroll tax
Presented by Elizabeth Lucas, Partner, Employment Solutions, Grant Thornton
An organisation that fails to prepare for and respond effectively to member disputes risks significant division and disruption if a dispute escalates.
- Discuss practical steps to manage disputes more effectively
- Identify the early warning signs of member discontent
- Discuss strategies for effective resolution
Presented by Rebecca Lambert-Smith, Practice Leader, Moores
- Regulatory and financial reporting requirements which apply for charities, including how to work out what your reporting obligations are (and to who)
- Recent changes to reporting requirements for charities (for example, reporting of related party transactions)
- Practical ways charities and their boards can manage their reporting requirements from a governance perspective and keep up to date with future changes
Presented by Catherine Nufer-Barr, Senior Associate, HopgoodGanim; Best Lawyers, Australia 2024, Non-Profit/Charities Law
Chair: Jonathan Casson, Director, CorGov Pty Limited
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Presenters
Mr. Jonathan Casson, Director, CorGov Pty Limited
Jonathan Casson is recognised by his peers for his expertise and technical ability in advising a wide range of organisations, from specialist professional associations and community organisations to large national charities and peak industry bodies. He is the author of the governance chapter in the Thomson Reuters Not-for-Profit Handbook (2nd edition). With more than 30 years' experience, Jonathan provides advice on issues which are vital for not-for-profit organisations including their structure, protecting their tax status and governance and membership issues. He also advises clients from both the private and public sector in structuring business activities, advising on corporate constitutional and strategic issues, commercial contracts, competition and consumer issues and intellectual property. Jonathan has experience as a chair and a non-executive director for a number of private companies, not for profits and charities.
Mr. Stephen Howell, Director and Principal Advisor, Effective Governance
Stephen is the Principal Advisor for Effective Governance Pty Ltd, a corporate governance consultant, forensic accountant, company director and former company secretary, external auditor, corporate regulator and CFO with a focus on contributing to the professional development and governance of corporate Australia. Stephen has thirty years’ experience as a governance professional with expertise in corporate and regulatory governance, culture and conduct risk and administrative and civil law application. He consults predominantly to corporate boards, university councils and regulatory boards, conducting reviews and evaluations of council member and director performance. His practice includes the provision of professional development in applied corporate governance for directors and senior executives. With a background as a corporate regulator, forensic accountant and experienced non-executive director, Stephen offers his expertise in risk, compliance and director behavioural dynamics. Stephen is the chairman of Emmanuel College at The University of Queensland (UQ). The college is the oldest and largest residential and tutural college at UQ. Stephen is a fellow of CPA Australia; a fellow of the Australasian Mutuals Institute; and is the recipient of an Australian Day Medal for service to corporate governance in Australia and South East Asia. With strong financial management qualifications and experience, he is a formally acknowledged and demonstrated corporate governance expert in Australia.
Mr. 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.
Ms. Jessica Lipsett, Director, Corney & Lind Lawyers
Jessica Lipsett is an Associate with Corney & Lind Lawyers. Her core areas of practice include Schools & Education law, Not-for-Profit and Charity Law, and civil litigation, discrimination and employment law as they relate to schools and other not-for-profit organizations. Having worked across multiple roles in schools and not-for-profits, Jessica combines her practical experience and legal knowledge to assist clients in these sectors navigate their way through dispute-related matters. Her experience in litigious matters extends to representing clients in the Supreme Court of Queensland, Federal Court, Federal Circuit Court, Family Court of Australia, Queensland Anti-Discrimination Tribunal, Australian Human Rights Commission and Fair Work Commission.
Ms. Elizabeth Lathlean, Senior Lawyer, 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.
Ms. Elizabeth Lucas, Partner, Employment Solutions, Grant Thornton
Elizabeth has extensive experience in providing fringe benefits tax and salary packaging advice to not-for-profit bodies, corporate clients and Government organisations. She specialises in the various aspects of remuneration planning and has experience in superannuation guarantee and other employment taxes, as well as GST. In particular, Elizabeth’s areas of expertise are salary packaging advice and implementation; consulting advice regarding FBT technical issues, systems and compliance procedures and uperannuation guarantee obligations. Elizabeth is a speaker at various professional body functions and is a regular media commentator. She chaired the Tax Institute’s FBT Subcommittee and served as a member of the FBT Subcommittee of the ATO’s National Tax Liaison Group for many years. Elizabeth was also a member of the Not-for-profit Sector Tax Concession Working Group reporting to the Federal Government and sits on a number of ATO consultations.
Ms. Joanna Austin, ACNC Director Legal & Policy
Joanna provides strategic advice and develops strategies to deal with and solutions to complex policy and operational law problems. She also provides leadership and direction to the in-house legal team. Joanna started her career at Gadens Lawyers in Sydney before joining the NSW Crime Commission as a lawyer in law enforcement and integrity agencies. She then worked with the Australian Criminal Intelligence Commission in Sydney before moving to Melbourne in 2013 to take up a role at the Independent Broad-based AntiCorruption Commission. Joanna is experienced in criminal law, administrative law and in managing the legal risk in compliance and investigations work in a law enforcement and integrity context. Joanna is pleased to be able to bring these skills to the regulatory environment. Joanna holds a Master of Arts and a Bachelor of Laws from the University of New South Wales. She was admitted to practice as a lawyer in 2003.
Ms. 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.
Ms. 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.
Ms. Catherine Nufer-Barr, Senior Associate, HopgoodGani
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. Most recently, Catherine was included in The Best Lawyers™ in Australia 2024 for Non-Profit/Charities Law.