ACNC Start up 2013
Published on September 9, 2013 by Josephine Heesh and Patricia Monemvasitis
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This handbook is a collection of our writings which are sourced from our periodic Not-for-profit Newsletter published over the period May 2012 to June 2013 and concern the new charity and Not-for-profit sector law introduced by the Gillard Government being mainly the Commonwealth Australian Charities and Not-for-profits Commission Act 2013 (“the ACNC Act”) and the opening of the Australian Charities and Not-for-profits Commission.
The legislators intended that the new ACNC Act would consolidate laws enacted Australia wide which concern the establishment, operation and termination of charities and not-for-profit entities.
Under the new law a central body called the Australian Charities and Not-for-profit Commission (‘ACNC’) was established to regulate the Charity and Not-for-profit sector and provide a central source for information concerning participants in the sector. So far, only charities need to comply. The ACNC Act will extend to other Not-for-profits some time in the future.
In our writings we have notified and informed our readers of the proposed changes to the proposed law as they were developed. Therefore we hope that this handbook will provide you with a useful reference to the reasoning behind various provisions contained in the ACNC Act and the sector’s input during the development of particular provisions in the ACNC Act.
Whilst you are currently grappling with the new reporting requirements we will continue through our newsletters and reports to supply you with useful information and tips which we hope will assist you in ensuring your entity continues to satisfy the new laws.
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We invite your comments and criticisms. Further, if you have any requests for us to write on a particular issue concerning you, please contact Josephine Heesh who will be more than happy to assist you.
About Carroll & O’Dea Lawyers
For over a century Carroll & O’Dea has been committed to the growth and development of the charity and Not-for-profit sector as an integral component of the Australian economy. We have had the pleasure of assisting a number of our clients which operate in the sector for this time and our relationship with those clients continues. As regulation of the sector has become more sophisticated we have ensured that our advice is accurate and we continue to develop our lawyers’ expertise to meet the needs of the current regulatory environment. We have also provided strategic advice within the regulatory framework, so that our clients can be confident that they continue to be compliant and can confidently continue their good works which we support. Because of our expertise in charity and Not-for-profit law and good standing in the sector, our lawyers have been asked to participate on various committees established by our clients to grapple with this law reform.
We have always endeavoured to build strong professional relationships with our clients and have a genuine interest in understanding their structure, operations and objects which we see as benefiting our mutual relationship and improving the quality and relevance of our advice. This approach helps us build strong trusted relationships with ourlongstanding clients of all sizes.
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Josephine Heesh, Associate