May Seminar: Changing the Rules of your Incorporated Association  

Are you on the committee of an incorporated association with out-of-date Rules? Do your Rules reflect the way your association operates, or would like to operate?  Have you been meaning to change your Rules, but cringe at the prospect of proposing and voting on amendments?

This seminar will look at the current legal requirements for your Rules, the procedure for amending Rules and tips for reviewing the content of your Rules. Come along and feel prepared for the next time you consider changing your association’s governing documents!

This seminar will be generously hosted by Freehills Lawyers.

Date:                   Thursday, 13 May 2024
Time:                   9.30am to 12.30pm (registrations from 9.15am)
Presenter:            Alice Macdougall, Anna Lyons and Sarah Shnider (Freehills)
Venue:                 Freehills: Level 42, 101 Collins St, Melbourne
Cost:                   $40 (incl. GST) administration fee per person
Refreshments:      Light refreshments will be provided for morning tea

Registrations for this seminar are now open. To register, please visit the following page: 

Regional governance training for not-for-profit organisations (Ballarat)

In 2010 PilchConnect and the VCOSS Clearinghouse are working together to bring not-for-profit governance training to regional Victoria, running a program entitled ‘Board Members: Roles, Responsibilities, Liabilities and Protections.’ 

On 7 May 2010, PilchConnect will be traveling to Ballarat to deliver 'back to basics' training suitable for new not-for-profit Board / Committee of Management members or existing boards or committees that simply would like a refresher.  The training will cover the role and legal responsibilities that come with running an effective community organisation in Victoria. 

Date:                   Friday 7 May 2024
Time:                   11am to 2.30pm
Venue:                 Youth Perch, YHQ, 122 Armstrong St, Ballarat
Presenters:          PilchConnect Staff
Cost:                   $40 incl. GST ($20 incl. GST for VCOSS Members)
Refreshments:      Lunch will be provided for participants

Registrations for this seminar are now open. To register, or to view other regional training throughout Victoria in 2010, please visit the following page:
 VCOSS Clearinghouse Training and Events Calendar (Ballarat)


Metropolitan governance training for not-for-profit organisations (Melbourne Uni)

This 'back to basics' training is suitable for new not-for-profit board/committee of management members - or existing NFP boards or committees that are seeking a refresher on their roles and legal responsibilities that come with helping to run an effective community organisation in Victoria. 

This seminar will encourage questions and active participation from attendees. Attendees will work in small groups on practical, hypothetical scenarios which are common to many community organisations.  We encourage multiple board members to attend this seminar. 

This seminar will be hosted by Melbourne University, with presenters from PilchConnect's legal team. 

Date:                   Friday, 14 May 2024
Time:                   9.30am to 12.30pm (registrations from 9.00am)
Venue:                 Melbourne University Law School, Room G08, 185 Pelham St, Carlton 3058
Presenter:            PilchConnect Staff
Cost:                   $40 (incl. GST) administration fee per person
Refreshments:      Light refreshments will be provided for morning tea 

Registrations for this seminar are now open. To register, please visit the following page:

Proposed reforms for Victorian incorporated associations

The Victorian Government plans to introduce further changes the Associations Incorporation Act 1981 - the legislation that regulates the way incorporated associations operate in Victoria.   You may recall that in 2009 there were a number of changes to this Act – these latest proposals represent stage two of this reform program and introduce some significant amendments for Victorian incorporated associations.

In March 2010, PilchConnect made a lengthy submission to an exposure draft of the proposed changes, in which we agreed with the policy rationale of many of the amendments, including the:  

• removal of the current trading prohibition for incorporated associations;
• clarification of legal duties imposed on committee members;
• introduction of a new tiered reporting structure;
• acknowledgment of the use of communications technology at meetings; and
• improvement of amalgamation and indemnity sections of the Act.

However, while PilchConnect welcomes these proposed reforms, we have raised some concern over the complexity of the drafting of the proposals, particularly those parts of the reforms that apply lengthy and complex provisions of the Corporations Law to incorporated associations.  We believe this drafting trend creates a risk that the Associations Incorporation Act 1981 may not be able to be properly understood and applied without the assistance of a lawyer – something that many community organisations can simply not afford.  The full PilchConnect submission to the consultation is available on our web page dedicated to  Law Reform and Advocacy.

While many of the reforms are desirable, PilchConnect has called for an extensive public education and training program to be implemented along with the changes, to ensure that community organisations are aware of how the changes are likely to impact on them. The proposed reforms are currently under consideration, and a Bill is expected to be released later in the year, with commencement expected to be set for mid-2011. 

For further details about the draft reforms, including a detailed analysis of the proposals, please visit the PilchConnect web portal below:

After lengthy consideration, the Federal Government has now released the comprehensive final report titled Australia's Future Tax System (the ‘Henry Review’) on 2 May 2010.  The Report represents the most thorough review of Australia's tax regime since the 1970s.

In relation to the not-for-profit sector, the Report recognises the importance of the sector, stating that these organisations make a "highly valued contribution to community wellbeing".  However, the Report identifies problems in the existing regulatory framework for not-for-profit groups, noting that tax concessions available to not-for-profit organisations are "complex and do not fully reflect community preferences".  Further, the Report finds that the regulatory scheme within the sector is "inconsistent and opaque".  The Report made the following recommendations for reform to the taxation of the not-for-profit sector:

• That a national charities commission to be established to monitor, regulate and provide advice to not-for-profits (Rec 41).
• That the Fringe Benefit Tax concessions for not-for-profits be reconfigured (Rec 43).
• That 'simple and efficient tax arrangements' should be established for clubs with large trading activities in the fields of gaming, catering entertainment and hospitality (Rec 44).
• That the threshold for gift deductibility be raised from $2 to $25 (Rec 13).  

The Government has provided an initial response to the above recommendations, and at this stage it appears that there will be no substantial change to the tax treatment of not-for-profits.  The Government has stated that it will not "do any changes to the tax system that harm the not-for-profit sector, including removing the benefit of tax concessions, raising the gift deductibility threshold or changing income tax arrangements for clubs".

PilchConnect will continue to monitor the Government response to these recommendations, and advise of any developments through our e-bulletin.  Our collaborative academic partners at the  Australian Centre for Philanthropy and Nonprofit Studies, Queensland University of Technology, is also a good source for information about how the Henry Review applies to the not-for-profit sector. 

Full details of the final report of the Henry Review can be found on the Review's website below.

Amalgamation of Victorian incorporated associations

While we are constantly updating the PilchConnect web portal to reflect recent developments within the not-for-profit sector, we are also working hard to generate new fact sheets and legal guides that can be used by Victorian community organisations. 

A new PilchConnect fact sheet is now available which provides a summary of the legal issues faced by Victorian incorporated associations that are considering amalgamation with another incorporated association under the Associations Incorporation Act 1981 (Vic).  This latest publication adds to the growing amount of free legal information and resources available for not-for-profit community groups through the PilchConnect web portal. 

The 'Amalgamation' fact sheet is now available for free download by following the below link:

The Australian Centre for Philanthropy and Nonprofit Studies (Queensland University of Technology) has recently released the Australian Nonprofit Sector Legal Almanac for 2009.  

The Almanac has been edited by Professor Myles McGregor-Lowndes, and provides a terrific summary of the key developments in not-for-profit sector throughout the year, including case notes of significant legal decisions and policy reforms.   

PilchConnect is a contributor to this Almanac and is pleased to maintain a strong relationship with the Centre and Professor McGregor-Lowndes, who continues to be a tremendous source of support for the PilchConnect team. 

The Almanac is available free online from the Queensland University of Technology website below.  We also have a limited number of hard copies, so please contact us at  connect@pilch.org.au if your organisation would like a free hard copy of the Almanac.

Law Week 2010 will be held from 17 to 23 May, with more than 150 law-based events in Melbourne and across regional Victoria.  The  Victoria Law Foundation has the full details of each event taking place throughout the Law Week.

One particular event that may be of interest to readers is a free seminar titled: Charities and Politics: From Wilberforce to the High Court.  This seminar will explore the vital role charities play in our community by engaging in political activities, and will look into the misconceptions about the extent charities may engage in political activities such as campaigning and lobbying.   Details of this free event are as follows:

Date:                   Tuesday, 18 May 2024
Time:                   1pm – 2pm
Venue:                 Law Institute Victoria, 470 Bourke Street Melbourne 3000
Presenter:            DF Mortimer & Associates

Sue Woodward and others from the PilchConnect team will be teaching a Masters subject called ‘Not-for-profit organisations: current regulatory and governance issues' at Melbourne University's Law School in early June 2010. A similar subject was delivered in 2008 and the feedback from participants was extremely positive.

The subject will examine recent inquiries and law reform developments in the not-for-profit sector, as well as drawing on the practical legal issues that arise for not-for-profits. The course will be full fee paying, and is suitable for both lawyers and non-lawyers with relevant experience, including those with a strong not-for-profit background.

For more information you can contact us at connect@pilch.org.au, or see the University's website below:

PilchConnect is a specialist legal service which has been set up to provide legal help to Victorian, not-for-profit community organisations.

The service provides free and low cost legal information, training, advice and legal referrals for Victorian not-for-profit community organisations. We also undertake law reform and advocacy work about the wide range of legal issues that affect the not-for-profit sector.

If you would like to subscribe or unsubscribe to this e-bulletin please email  connect@pilch.org.au.

If you would like to contribute to, or provide feedback about this e-bulletin, please email
  connect@pilch.org.au.

To find out more about the legal services we provide, see: