• What are the basic features and benefits of DGR?
• What are the main categories of DGR?
• What should our organisation know before applying for DGR?
• What does applying for DGR involve?
• How do we maintain our status as a DGR once it is granted?

Details of the seminar are as follows:

         Date: Tuesday 08 November 2024
         Time: 09:30 - 12:30 (registrations open at 09:15am)
         Venue: Blake Dawson, Level 26, 181 William Street, Melbourne
         Fee: $40 (inc GST) per person
         Refreshments: Light refreshments will be provided for morning tea.

This seminar is generously hosted by Blake Dawson Lawyers. To register, or for further information, follow the link below:

2011 is proving to be a year of significant reform in the not-for-profit space, with the Federal Government announcing in the 2011-12 Budget a range of measures, including the establishment of the Australian Charities and Not-for-profits Commission (ACNC), the introduction of a statutory definition of charity by 2013, and a number of proposed reforms to not-for-profit tax concessions.

This month saw the release of a Consultation Paper on the statutory definition of charity, the launch of the exciting new ACNC Implementation Taskforce website and Youtube channel, the release of Treasury's first not-for-profit newsletter, and the release of a new tax ruling on charities, all of which are addressed below.

PilchConnect will continue to notify readers of this e-bulletin of developments in the Government's reform agenda as further details become available. For quicker updates, follow us on twitter or facebook.

Consultation Paper - A Statutory Definition of Charity

In keeping with its 2011-12 Budget commitment to introduce a statutory definition of charity, to be applicable across all Commonwealth laws from 1 July 2013, the Federal Government has released a Consultation Paper on the definition of charity.

In this first round of consultation, the Government is seeking feedback from the community on potential approaches to implement a statutory definition. We encourage NFPs to take this valuable opportunity to have your voice heard on how a statutory definition can best serve the needs of your organisation.

Releasing the Consultation Paper, the Assistant Treasurer Bill Shorten said "the current definition of charity is based on the 1601 Statute of Elizabeth, with over 400 years worth of often confusing case law added on top." Senator Ursula Stephens, who has been appointed as a specialist adviser to assist with the consultation process, commented that "by establishing a modern and workable definition of 'charity' the Government is reducing the compliance burden for the sector and making it easier for charities to get on with the job of providing charitable services".

The closing date for submissions on the Consultation Paper is Friday 9 December 2011. Details of the Consultation Paper can be found on the Treasury website, below.

PilchConnect intends to make a submission to the Consultation Paper and will provide an overview of our response in a forthcoming e-bulletin. In the meantime, please contact connect@pilch.org.au should you wish to offer comments or case studies relevant to this issue.

This month, the ACNC Implementation Taskforce launched two exciting initiatives - a new website and Youtube channel - designed to engage and inform the not-for-profit sector of the reform process and agenda.

The ACNC Implementation Taskforce website provides important information regarding the establishment of the ACNC and the reform process, generally. Currently the Taskforce is seeking to engage with the sector on three key priority areas:

• Developing a smarter reporting framework;
• Building an information portal; and
• Creating a model for the provision of information, education and advice to the sector.

To complement the website, the ACNC Implementation Taskforce Youtube channel was also launched. The channel provides a valuable communication tool for those involved in the establishment of the ACNC to communicate with the sector, and already features the following video briefings:

• An introduction from Interim Commissioner and Head of the ACNC Taskforce, Susan Pascoe;
• An introduction to the ACNC;
• An introduction to the role of the Australian Tax Office;
• An introduction to the role of the Office of the Not-for-profit Sector;
• An introduction to the role of the Department of Finance and Deregulation; and
• An introduction to the role of Treasury.

You can access the new ACNC Implementation Taskforce website and subscribe to the Youtube channel, below:

Treasury recently released a new not-for-profit newsletter as one way of informing the sector about the not-for-profit reform process and proposed measures that may affect them. The newsletter provides an overview of the reform agenda, information regarding Treasury's ‘better targeting of tax concessions' proposals, an outline of Treasury's role in the reform process, an update on the ACNC Implementation Taskforce, as well as frequently asked questions regarding the reforms.

The newsletter also provides a timeframe for upcoming public consultations over the next 12 months, including:

• Second exposure draft of ‘In-Australia' special conditions and definition of not-for-profit - expected late 2011.
• Better targeting of tax concessions: exposure draft - expected late 2011.
• A national approach to fundraising regulation: discussion paper - expected late 2011.
• Legislation to establish the ACNC: exposure draft - expected late 2011.
• Review of corporations limited by guarantee and governance arrangements for NFPs - expected late 2011.
• Introducing a statutory definition of ‘charity': exposure draft legislation - expected first half of 2011.

You can read the full version of the not-for-profit newsletter on the Treasury website below, and subscribe to the newsletter by emailing NFPReform@treasury.gov.au.

New ATO ruling on income tax and fringe benefits tax - charities

Currently, because there is no statutory definition of charity, what is a charity is determined according to the common law (judge-made law) definition. To guide decision-making on whether an organisation is 'charitable' for the purposes of eligibility for tax concessions, the ATO has issued a new public ruling (TR 2011/4), which expresses the Commissioner of Taxation's views on what will be considered charitable under relevant tax legislation.

The new Tax Ruling takes into account the findings of recent judicial decisions on the meaning of charity, including the Aid/Watch and Word Investments cases (for details of these, see our legal updates on the PilchConnect website). The new Tax Ruling provides revised guidance on key terms used in the tax legislation (including 'charitable institution', 'charitable fund' and 'charitable purposes'), and includes a range of examples to help illustrate what will (and won't) be regarded by the ATO as charitable.

Tax Ruling TR 2011/4 is now available on the ATO's website, below.

VCOSS Clearinghouse Skilled Volunteer Guide

The VCOSS Clearinghouse recently launched the second edition of Skilled Volunteers - a Guide for Community Organisations. The Guide provides information on a range of Victorian skilled volunteer providers, including PilchConnect, and is designed to assist community organisations to access the support of skilled volunteers.

Each entry in the Guide outlines the type of support available to community organisations, examples of assistance provided, and who to contact for further information. The Guide is available via the VCOSS Clearinghouse website, below. 

The VCOSS Clearinghouse is a hub of information and support for community sector organisations, including:

• A quality assured database of trainers and consultants recommended by community sector organisations for capacity building assistance;
• Information and support to engage a skilled volunteer;
• Access to free and subsidized capacity building training;
• Resources and quick guides on community management, policies and procedures, skilled volunteers, funding, IT assistance etc;
• A free monthly e-newsletter PIECES containing the latest training and development opportunities and resources.

For further information on the VCOSS Clearinghouse and to obtain your free copy of the Skilled Volunteers Guide, visit the website below:

Upcoming changes to the Associations Incorporation Act 1981 (Vic) (the Act) will replace all references to 'Public Officer' in the Act with 'Secretary'. In effect, this means that the role of Public Officer will be merged with that of the Secretary of an incorporated association.

Under the current Act, the Public Officer is the contact person for the association and their details are provided to Consumer Affairs Victoria (CAV). They have the ongoing, administrative role and are responsible for providing information to CAV. The Secretary's role is set out in an organisation's rules, however they are generally responsible for organising meetings, dealing with memberships, and keeping records of the organisation.

The upcoming changes to the Act are set to come into force in July 2012. However there will be transitional provisions which mean that the person in the position of Public Officer at the time the reforms come into force will be considered the Secretary until the following Annual General Meeting (AGM) for the purposes of the reformed Act.

To avoid problems when the terminology of the Act changes, your organisation should consider appointing the same person to the positions of Secretary and Public Officer at your next AGM. This will mean there is one less change to make once the reforms come into place.

You can find information on how to appoint a new public officer in Part 2 of the PilchConnect Guide for Public Officers and Secretaries of Victorian Incorporated Associations.

A summary of key changes to the Act set to come into force in July 2012 can be found on the PilchConnect website here.

Don't forget - CAV needs to be notified of changes to your Public Officer within 14 days of the changes being made. You can contact CAV to notify them of changes by following the link, below.

Funding for PilchConnect announced

Deputy Premier and Minister for Regional and Rural Development Peter Ryan this month announced that the Victorian Government would contribute $235,000 to PilchConnect for the 2011-12 financial year to continue the provision of free and low-cost legal services to Victoria's not-for-profit sector. The Office for the Community Sector in the Department of Planning and Community Development is contributing $149,700 of the funding while the Department of Justice is providing the remaining $86,000.

The welcomed funding will enable us to continue to ‘help the helpers' so that Victorian not-for-profit organisations can get on with doing what they do best - furthering their missions and providing vital services to those in need. Further information regarding the funding announcement can be found by following the link, below.

 Funding boost for legal service supporting not-for-profit sector.

Welcome Simone Ball to the PilchConnect team!

This month, we are delighted to welcome Simone Ball as the newest member of the PilchConnect team. Simone comes to us as an experienced lawyer with a background in media and corporate law. Throughout her career, Simone has worked with community organisations and has provided legal advice to a range of pro bono clients. We are very fortunate to have Simone join us as she seeks to apply her legal and technical skills in a workplace that is aligned with her personal commitment to social justice. Welcome Simone!

Guide to the Legal Duties of Not-for-profit Board and Committee Members - hard copies now available

At PilchConnect, we have noticed an increase in the number of inquiries from organisations seeking hard copies of the Guide to the Legal Duties of Not-for-profit Board and Committee Members. The Guide is freely available for download on our webportal, below.

However, in response to the recent rise in demand, we've printed a limited number of hardcopy Guides, available for purchase at an introductory amount of $15.00 (incl. GST).

For all inquiries regarding the purchase of your hardcopy Guide, please email
connect@pilch.org.au or call (03) 8636 44 47.

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

If you would like to subscribe or unsubscribe to this e-bulletin please visit www.pilch.org.au/subscribe

To stay up to date with all of the latest PilchConnect news, follow us on Facebook and Twitter!

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

Have you missed an earlier edition of PilchConnect's e-bulletin and want to get up-to-date? All of our previous newsletters are available on the PilchConnect website at the link below, including this month's edition!