New penalty regime under the Privacy Act
The Commonwealth Government has announced plans to introduce a new penalty regime for the misuse of personal information under the Privacy Act (“the Act”). The aim of the new regime is to increase the...
View ArticleBoard oppression – a cautionary tale
The recent decision of the NSW Supreme Court in Lukaszewicz v Polish Club Limited[1] highlights the mistakes a Board can make when trying to manage divisions within an organisation. The 129 page...
View ArticleAUSkey to be replaced by 2020
The Australian Taxation Office (ATO) has announced that AUSkey, the electronic authentication credential that businesses and not-for-profits have been using to access government services online, will...
View ArticleA day is a day, whether you work 9-5 or 9-9
The Federal Court has published an important decision about sick leave entitlements that will affect all organisations that employ shift workers who do not work a standard 5 day, 9-5 pattern of...
View ArticleAre you prepared for a data breach?
The announcement of increased penalties for misuse of personal information by entities covered by the Privacy Act serves as a reminder of the importance of ensuring that your not-for-profit...
View ArticleBetrayers, blabbermouths and backstabbers
I recently looked up synonyms for the word “whistle-blower” and some of the results surprised me: “betrayer”, “blabbermouth”, “double-crosser”, “informant”, “sneak”, “snitch” and “backstabber” to name...
View ArticleExemptions for small and medium charities
ASIC has announced that all small and medium registered charities will be exempt from the requirement to have a whistleblower policy. These charities still need to comply with the whistleblower laws...
View ArticleQueensland NFPs and Charities – extension of time period for AGM
The Office of Fair Trading has announced that, due to the COVID-19 pandemic, not for profit organisations will have an additional 6 months in which to hold their AGM. This change applies only to...
View ArticleChecklist for Board Meetings, Resolutions and Technology
With the current COVID-19 isolation requirements in place, many board members are turning to technology to enable their association or company to continue to hold meetings or pass resolutions. However,...
View ArticleExecution of Company Documents Using Electronic Signatures
A determination made by the Treasurer on 5 May 2020 will have consequences for any Australian companies that sign documents electronically, including not for profit companies. The practise of signing...
View ArticleChanges to Queensland Laws for Incorporated Associations
A Bill to amend the Associations Incorporation Act was passed without amendment on 16 June 2020. The Explanatory Notes to the Bill identify the key aims of the changes as being: A. Modernisation the...
View ArticleIntroducing the Director Identification Number
New amendments to the Corporations Act 2001 and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 will require current and prospective directors of Australian companies to apply for a...
View ArticleCompany Constitutions and natural justice
The decision of the Queensland Supreme Court on 7 August 2020 in a case involving Soroptimist International Of The South West Pacific, a company limited by guarantee is a timely reminder of the need...
View ArticleExtension of the Coronavirus Economic Response Determination
The Treasurer has announced that the temporary relief granted to companies in relation to signing documents electronically and holding general meetings using technology will be extended until 21 March...
View ArticleAre you prepared for a data breach?
The announcement of increased penalties for misuse of personal information by entities covered by the Privacy Act serves as a reminder of the importance of ensuring that your not-for-profit...
View ArticleQueensland Charities – Reminder to Review Your Constitution
Charities that are entitled to apply for certain tax exemptions in Queensland may need to review and amend their governing documents, following the expiry of a transitional period on 9 November 2020....
View ArticleCompanies limited by guarantee – temporary legislation lapses
The temporary relief granted to companies in relation to signing documents electronically and holding general meetings using technology lapsed on 21 March 2021, creating uncertainty for companies that...
View Article