Don’t miss the opportunity to gather crucial information on how to rationalise historical bequests and trusts in a way that aligns with your Institution’s objectives, understand the difficulties for Religious Institutions to register as a PBI, review the ACNC requirements for Religious Charities investing overseas, and gain a comprehensive review of governance and legal requirements to ensure that your Institution remains compliant and effective. In the afternoon, reflect on employment dilemmas facing this sector and the delicate balance between the right to freedom of speech and the imperative to adhere to anti-discrimination laws. A day that combines legal advice and practical guidance to empower you and your religious based Institution.
- Overview of ‘Basic Religious Charities’ vs other religious charities
- Refresher of ACNC Governance Standards and when they apply
- Navigating the application of External Conduct Standards for religious charities engaging in overseas activities
Presented by: Richard Hundt, Principal, Hundt Law
- Effective governance structures
- The need for transparency
- Compliance with legal requirements – duties of board members, financial reporting and regulatory obligations
Presented by Fr Brian Lucas National – Director, Australia, Catholic Mission
- Working with children checks
- Child Safety Standards
- Reportable conduct schemes
Presented by Georgina Rhodes, Barrister, Castan Chambers
- Why is it difficult for a religious institution to be registered as a PBI?
- What do you need to look out for?
- A look at recent cases on PBIs and religious institutions more generally
- The (draft) Commissioner’s Interpretation Statement on PBIs – Issues? Any improvements from previous versions?
Presented by Elizabeth Shalders, Special Counsel, Mills Oakley
- Identifying the purposes of each bequest/trust
- Record keeping across different bequests/trusts
- What to do about missing records
- Rationalising or merging different bequests/trusts
- When to approach the Court and what to ask for
- The impact of Statute
Presented by Anthony Cheshire SC, Barrister, Wentworth Chambers
- Recent and proposed reforms to religious discrimination laws;
- Importance of adherence to religious tenets in employment as a defence to discrimination claims;
- Revisiting the Israel Folau matter as a case study – expression of religious belief or misconduct?
Presented by Michael Byrnes, Partner, Swaab
Chair: David Ford, Partner, Carroll & O’Dea
- Reviewing common work arrangements used by churches
- Explaining the difficulties in differentiating between employment and other kinds of arrangement
- Considering the consequences of recent High Court and Fair Work Commission decisions
- Practical tips for identifying issues and planning for the future
Presented by Chris Mills, Director, Neumann & Turnour
Chair: Fr Brian Lucas National – Director, Australia, Catholic Mission
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
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.
Elizabeth Shalders, Special Counsel, Mills Oakley
Elizabeth is a recognised expert in not-for-profit and charity law and governance. She is respected not only as a master of the technical and complex in this specialist field, but is able to translate that into simple, clear and practical guidance for her clients. Elizabeth possesses a thorough understanding of the not-for-profit sector and how it operates, having spent more than a decade advising in this field. Elizabeth advises faith-based organisations, independent schools (large and small), public benevolent institutions, overseas aid and advocacy organisations, industry and professional associations, charitable trusts, ancillary funds and other Not-for-profits.
Fr Brian Lucas National – Director, Australia, 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.
Richard Hundt, Principal, 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.
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.
Michael Byrnes, Partner, Swaab
Michael Byrnes is a partner of Swaab. He is a workplace relations lawyer with over 20 years' experience in assisting clients navigate employment and work health and safety issues. Michael runs specially tailored training programs and seminars for clients (including at board level). He also drafts and reviews workplace policies and undertakes complex and sensitive workplace investigations. As well as regularly presenting at conferences, Michael is often called upon for expert opinion in the media. He has appeared on numerous radio segments and regularly quoted in publications including The Australian Financial Review, The Age, Lawyers Weekly, Workplace Express, OHS Alert, SmartCompany, HRM Online and InTheBlack on workplace relations and WHS law issues. Michael is also a co-author of the LexisNexis publication "Annotated Fair Work Act & Related Legislation".
Ms. Georgina Rhodes, Barrister, Castan Chambers
Georgina practices in public and administrative law, regulatory law, quasi-criminal and criminal law. She acts for government (State and Commonwealth) and private clients in various matters, including occupational health and safety, crimes mental impairment, disciplinary and professional standards, worker screening, disability, child protection, criminal charges, intervention orders, and inquests and inquiries. Georgina provides advice to Government Departments and Statutory Authorities in relation to statutory interpretation, legislative reform, information sharing, subpoenas and integrity matters. Georgina is currently involved in the Commission of Inquiry into the Tasmanian Government's Responses to Child Sexual Abuse in Institutional Settings, as one of the Counsel Assisting Team led by Ms Elizabeth Bennett S.C.