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Community & Associations Newsletter - December 2023

Community & Associations Newsletter – December 2023

Published on December 22, 2023 by Grace Brophy, Josephine Heesh and Samuel ChuGrace Brophy, Josephine Heesh and Samuel Chu

The end of 2023 is upon us, so we wished to mention some recent matters before the usual Christmas holiday break commences.

The Productivity Commission has published a draft report on philanthropy, charities and giving, calling for submissions on its content by early February, so, that will require some immediate focus after the break.

Voluntary assisted dying legislation commenced in NSW on 28 November, 2023, so we alert aged care facility operators and users to the obligations and the discretions created under that law.

In the heightened urgency for fund raising in several trouble spots around the world, Department of Foreign Affairs and Trade has issued new guideline on how to give securely.

Victoria has reviewed the regulations for its incorporated associations, so a summary is set out for your reference.

We are sure the Christmas period will be valued by all as a time to rest, refresh and be with family and friends, in the spirit of joy that the Season brings.

The Carroll & O’Dea Lawyers Community & Associations’ Team


Productivity Commission Draft Report Released on Philanthropy, Charities and Giving

On 30 November 2023, the Productivity Commission released its draft report in relation to its review of philanthropy, charities and giving, titled ‘Future foundations for giving’. The current review is the latest in a series of reviews and inquiries (spanning at least 20 years) into the regulatory framework applying to Australian charities and not-for-profits. This draft report proposes substantial reforms to this regulatory framework. Read more here.

Josephine Heesh, Partner

Samuel Chu, Solicitor


Important Guidance for Aged-Care Providers on Voluntary Assisted Dying in New South Wales

The Voluntary Assisted Dying Legislation (VAD) began to operate in New South Wales from 28 November 2023. Many hospitals, aged care facilities, and other health care providers may be wondering how that will affect their operations. The comments are written with respect to matters that an aged care provider needs to consider. Read more here.

Josephine Heesh, Partner


Donating money for humanitarian relief

Conflicts in other parts of the world during 2023 have aroused increased public interest and sympathy and in response the Department of Foreign Affairs and Trade (DFAT) has provided the ACNC with an updated advice about donating funds to charities that are seeking to deliver humanitarian relief. Read more here.

Grace Brophy, Associate


New Regulations Governing Incorporated Associations in Victoria

The Association Incorporation Reform Regulations 2023 came into effect on 18 November 2023. Following a public consultation on Engage Victoria, the new regulations will address model rules, fees, penalties, and financial reporting tier thresholds. Read more here.

Grace Brophy, Associate

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