Not-for-profit Law - Overview of Services & Information Hub
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1 Not-for-profit Law - Overview of Services & Information Hub Date: 6 May 2016 Client: Neighbourhood Houses Victoria Lawyer: Nadine Clode, Not-for-profit Law PO Box Melbourne VIC Tel Fax justiceconnect.org.au/nfplaw
2 Introduction About today s session Overview of Services About Justice Connect and our programs Not-for-profit Law why and what are we trying to achieve who we are and who we serve how we work (information, education, advice) Information Hub Not-for-profit s Law Information Hub 2
3 1. Overview of Services Justice Connect NFP Law Neighbourhood Houses Victoria
4 Not-for-profit Law - Introduction 4
5 NFP Law Why and What 5
6 Types of help for NFPs We receive approx 800 calls from NFPs each year. Calls are initially answered by volunteers, then assessed by a lawyer for one of our services or a referral to a 3 rd party. Not for Profit Law legal information hub All NFPs can access legal information fact sheets and resources via our website, and register to receive a monthly legal update e-bulletin Seminars and training on common Not for Profit Law issues Run in CBD, outer-metropolitan and regional areas All NFPs can attend monthly legal seminars on common legal issues to build legal knowledge and capacity Phone advice Referral to firm Eligible NFPs (with quick legal inquiries that can easily be answered over the phone) can receive legal advice directly from Justice Connect lawyers Eligible NFPs with more complex legal issues will be matched with a law firm for pro bono (free) legal assistance. 6
7 How we can might be able to help you 7
8 People you might come across our team 8
9 How we help free advice and information 1800 NFP LAW; or Matter Eligibility - Identifiable legal issue with sufficient legal merit. Common issues we assist with -law-legal-enquiry-form Regulatory compliance Managing Volunteers Intellectual Property Starting Up Tax Concession Not for Profit only people authorised by the organisation, enquiring on behalf of the organisation; not individual members Issues that we will not assist with Disputes Charity Eligibility Insurance Brokerage Contracts Litigation Liability Second Opinions Property Law OHS Organisation Eligibility Organisation we generally help have the following features Public interest (not member serving) Charitable purposes Modest operating revenue Volunteer reliant No legal budget no other avenues Generally we will not assist the following groups: political, sporting, trade unions, residential action groups, privately controlled 9
10 How we help free/low cost training Customised and In House Training Seminar & Webinar series 10
11 A snapshot of what help we gave last year Legal Advice 1124 enquiries from NFP organisations 510 legal advice over telephone Training more than 1700 attendees Remainder referred to legal information or other entity (i.e. regulator) 168 pro bono referral to member law firm NFP Information Hub more than unique visitors to the webpages Law Reform included: ATO taxation white paper, ATO in Australia, Review of DGR eligibility guidelines for overseas aid and environment, Victorian common funding agreement, NSW Government on future of early intervention programs, review of IA Act (NSW) 11
12 2. Information Hub Justice Connect NFP Law Neighbourhood Houses Victoria
13 The Information Hub 210 information resources for all 600,000 Australian not-forprofits Recorded webinars and animated videos Short, medium and long resources ( bite, snack and meal ) Drafted by pro bono lawyers and in-house NFP Law lawyers 13
14 The Information Hub 14
15 Using the Information Hub Common Question 1 (Neighbourhood Houses) Our organisation has been paying one of our volunteers. That person says that they are an employee and they want to be paid superannuation. We need more information on this issue. We also want to better understand our obligations to our volunteers. 15
16 Using the Information Hub 16
17 Using the Information Hub Webinars 17
18 Using the Information Hub Fact Sheets 18
19 Using Information Hub - Legal status of people involved Legal entitlements of people an organisation engages Issue Contractor Employee [ongoing or fixed term] Justice Connect NFP Law Top 10 Legal Tips for NFPs Casual employee Volunteer Payment for work National Employment Standards /award etc. Superannuation possibly Workers compensation possibly Paid sick and annual leave Paid long service leave Termination rights Contractual Redundancy / Unfair dismissal Unfair dismissal *
20 Using Information Hub - Legal status of people involved See NFP Law Information Hub resources NFP Law website: NFP Law Guide: Employee or contractor or volunteer NFP Law Factsheet: Employee legal entitlements NFP Law Factsheet: Volunteer NFP Law Factsheet: Member rights and obligations 20
21 Using the Information Hub Information - Volunteers 21
22 Using the Information Hub Information - Volunteers 22
23 Using the Information Hub Common Question 2 (Neighbourhood Houses) Our organisation wants to update its rules. 23
24 Using the Information Hub 24
25 Using the Information Hub Seven key things that rules cover Rules? 1. Group purpose and powers 2. Membership 3. Committee 4. Meetings 5. Finances 6. Records and access 7. When things change or if things go wrong 25
26 Using the Information Hub When updating your rules remember: Rules are a legal contract between the members of the organisation, including the committee members All members, including committee members, have a legal duty to comply with rules Read and get to know rules, particularly: purpose and powers (of organisation and committee) not-for-profit and winding up clauses how to hold valid meetings and voting dispute and grievance resolution procedures 26
27 Using the Information Hub When updating your rules remember Your purpose (objects) clause sets out what the organisation is legally set up to do Very important for organisations with charity status and with tax concessions 27
28 Using the Information Hub 28
29 Questions Questions 29
30 Summary and questions Thank you If you would like to receive our monthly legal update please provide me with your address and we will subscribe you Thank you to Neighbourhood Houses Victoria for having us here today Thank you for your participation! 30
31 Summary and questions NFP Law Website: Phone: 1800 NFP LAW Services: Legal information factsheets on common legal issues Legal training for community groups Law reform work aimed at reducing unnecessary NFP regulation Phone advice to answer quick legal questions** Referral to a lawyer to assist with complex legal issue** ** These are very limited services, available for eligible organisations only: see 31
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