Unfair dismissal at 65.
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Not-for-Profit Law Notes - Emil Ford Lawyers
February 2015
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ACNC - A more secure future?
It no longer appears that the abolition of the Australian Charities and Not-for-profits Commission (ACNC) is imminent. The Minister for Social Services, Scott Morrison, was recently quoted in the media as saying the abolition of the charity regulator was a lesser priority. His admission comes after months of consultation between the Federal Government and charities and civil society organisations on the earlier released Options Paper and the proposed replacement arrangements for the ACNC. Although its axing is now less likely, it is still worthwhile for charities to familiarise themselves with the Charities and Not-for-profits Consultation Report, which was released in December 2014 and provides a summary of consolidated feedback.  
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Much is said about governance these days, particularly in relation to not-for-profit organisations.  Is it all just theory (hot air)?  We don’t believe this.  We see good governance as practical, make-a-difference practices.  Would your organisation suffer if it had no board?  We hope not but fear that, for many, the board’s absence would not be noticed.  How can your board improve its effectiveness?  One way is to learn from others.  The recently published Leading with Intent:  A National Index of Non-profit Board Practices is well worth a look at in this regard. 
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NSW to implement Australia’s first social impact investment policy
On 4 February 2015, NSW Premier Mike Baird and Treasurer Andrew Constance announced the launch of Australia’s first Social Impact Investment Policy. This follows the successful launch of two social benefit bonds in 2013. The purpose of social impact investment is two-fold: to provide a measureable financial return and to provide funding to effect positive social change.
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Unfair Dismissal at 65
Reaching the age of retirement is not fair grounds for dismissal. A recent decision of the Federal Court affirmed that the age of 65 constitutes a voluntary retirement age. Employees are entitled to work beyond this provided they are capable of performing their duties.
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Beware of exploitive tax schemes
On 4 February 2015, the Federal Court handed down its decision to penalise a group of tax scheme promoters to the tune of $1.5 million.  The Court found that the promoters had attempted to exploit and profit from the tax system by generating deductions, associated with donation arrangements, to which donors were not entitled.

The scheme involved the purchasers paying a small percentage of the significantly inflated price of pharmaceuticals, yet claiming tax deductions of 100 per cent. The judge noted at least five grounds why the scheme was not lawful, including that the pharmaceuticals were not actually delivered to the charities concerned!

Follow this link to read the Australian Tax Office media release about the case.

Contact us if you have questions about lawful deductions, or establishing and maintaining deductible gift recipient funds.  
Not-for-Profit Seminar

Legal Issues in the Not-for-Profit Sector
Date: Thursday 26 March 2015, 2pm-5.15pm
Venue: UNSW CBD campus, 1 O'Connell Street, Sydney

This Conference will be a great opportunity for anyone with an interest in charity law to network and learn about the latest legal issues faced by charities.

David Ford will be presenting on the topic of Disputes, Allegations, Investigations:  how do Not-for-Profit's cope?  His presentation will cover such issues as:
  • Disputes with members and between members
  • What do the rules say? 
  • Investigations and procedual fairness 
  • Mediation. 
Follow this link for details on how to register for Legal Issues in the Not-for-Profit Sector seminar
David Ford -> Garry Pritchard -> Fred Chilton -> Nigel Russell
Warwick van Ede -> Nathan Croot -> John Murn -> Andrew Egri -> Trudie Strathdee

T  +61 2 9267 9800
We can help with more than your Not-for-Profit needs!
Adoption |  Biotechnology  |  Business  |  Charities  |  Churches   |  Deceased Estates  
Dispute Resolution  |  Distribution & Agency   |  Education  |  Employment  
Estate Planning  |  Foreign Investment  |  Governance  |  International Trade  
IT & Ecommerce  |  Licensing  |  Litigation  |  Mergers & Acquisitions |  Mining & Energy  
Pharmaceuticals  |  Property  |  Retirement Villages  |  Taxation |  Technology
Telecommunications  |  Trusts  |  Venture Capital  |  Wills

Liability limited by a scheme approved under Professional Standards Legislation
A member of the Southern Cross Legal Alliance and Global Cross Legal with associated law firms throughout Australia, New Zealand, Asia & North America.
Copyright © 2015 Emil Ford Lawyers, All rights reserved.

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