The importance of understanding the rights of members relating to the Register of Members (‘Register’) was once again emphasised in the legal dispute between Mr Lawrence and Melbourne Football Club (‘the Club’) in 2022. Mr Lawrence, a member of the Club, sought a copy of their register…

John Peacock, CEO of Associations Forum, has written 10 tips for Association finances.  Avoid using the term "not-for-profit". Tell staff as much, or more, about the finances as the Board. Always start with the balance sheet. Use activity-based costing. Prepare accurate and modern financial statements. Manage the funds as if they were your own. Allocate staff costs to specific projects, not overhead. Have a Finance…

On 11 May 2021, as part of the 2021–22 federal Budget, the Australian Government announced reforms to the administration of not-for-profit (NFP) entities that self-assess as income tax exempt. The measure is designed to enhance trust and confidence in the sector by ensuring only eligible NFPs access income tax exemptions, and that NFP and for-profit entities operate on a level playing field. From 1 July 2023, NFPs with an active Australian business number (ABN) will be required to lodge…

John Peacock is the Chief Executive Officer of Associations Forum and is one of Australia’s most experienced advisors to associations and is a thought leader for the associations sector. Kathy Nguyen, Manager - Client Services at Associations Forum, has worked on over 30 consulting projects helping association clients improve their structure, operations and governance. They have provided 40 tips…

Providing a work car to your employees can be a great incentive. If you provide a car to an employee for their private use, you may need to pay fringe benefits tax (FBT).   You make a car available for private use by an employee on any day that the car is either: actually used for private purposes by an employee available for the private use of the employee. A car is considered available for your employee's private use when it is: used to…

The org.au namespace serves Australia’s large and important not-for-profit and charity sectors so it is key that the community can have trust and confidence in org.au. auDA's role is to administer the rules for who can register an org.au domain name. A new set of rules for .au domain names is coming into effect on 12 April 2021. These new rules streamline and build on our existing rules and contain some key changes to help build and maintain trust in the .au domain. In…

The Director Identification Number (DIN) is a unique identifier for current directors, or people who want to become directors, of a company or a registered body. The DIN is expected to commence in 2021 and will apply to some associations. Will the DIN apply to your association?The DIN will apply to associations that are companies limited by guarantee under the Corporations Act 2001. It will not apply to associations incorporated under the State and Territory Associations…

The following notes have been taken from an Associations Forum Governance Webinar, held on 28 April 2020, Chaired by Kathy Nguyen, Associations Forum. When considering your options for AGMs, you must ensure there is a reasonable opportunity for members to participate ie. hear speakers, make comments, ask questions or vote. Your options include: Postponing the AGM Holding a virtual AGM

The Registered Organisations Commission (ROC) has released a guidance note to help organisations understand the…

UPDATE: JobKeeper payment plan is now open. Get started here. Australian Business Lawyers…

UPDATE: JobKeeper payment plan is now open. Get started here. Employers…

The Australian Competition and Consumer Commission (ACCC), recently published information for small businesses

WHS laws still apply to businesses whose workers are required to work from home.  Employers must still ensure, as far as is reasonably practicable, the health and safety of their workers. The worker also has a responsibility to take reasonable care for his or her own health and safety, including complying with reasonable instructions given by the employer or…

The Registered Organisations Commission has acknowledged difficulties complying with COVID-19 obligations, including restrictions on gatherings and other social distancing measures, and has advised in relation to meetings held via telephone or online technology. The ROC has issued a guidance note to assist registered organisations who are experiencing this challenge. Click…

COVID-19 has meant that business-as-usual has changed, at least for the remainder of this year. If you have an association Plan that was developed more than 4 weeks ago, it is likely that the focus of your action plan will have dramatically changed. This is not to say that your whole strategic plan has necessarily changed but you must review it,…

The Australian Competition & Consumer Commission (ACCC) has highlighted the latest information on consumer rights, travel and event cancellations in relation to COVID-19. This can be of interest to associations and their members. Consumers are urged to remain patient, and where possible to contact the business or association by email or website, rather than by…

As COVID-19 devastates your members' businesses large and small, employers are being faced with a dreadful dilemma: should we cut hours, stand down staff or make people redundant?The reality is - no one wants to lay staff off. However, your desire to do the right thing and keep workers employed could backfire on you unless you are careful and get good advice pertinent to your particularly circumstances.Many employers believe that standing down employees is an easier or…

The association and not-for-profit sector has encountered a number of unforeseen issues since the greater impacts of coronavirus were felt globally. Along with mass redundancies across all sectors, many associations have been forced to cancel major conferences, meetings and events.  The following notes have been drafted by Matt Crouch Legal and cover a few considerations about the legal implications of event cancellations, which was discussed in a webinar with…

ATO has outlined upcoming cash flow boosts in response to the economic impact of coronavirus.  Your NFP is eligible if you: employ staff held an ABN on 12 March 2020 and continue to be active have an aggregate annual turnover of less than $50 million (generally based on prior year turnover) made eligible payments that you are required to withhold from (even if the amount you need to withhold is zero). Charities registered with the Australian…

Associations Forum has gathered a list of essential resources from various authorities that provide answers to frequently asked questions.  Australian workplace laws regarding coronavirus. Fairwork has issued a list of important Government information about coronavirus, the workplace and the obligations to employees under the Fair Work Act. This information is designed to help employers navigate the obligations during the coronavirus crisis and answer some of the frequently asked…