Charities do extraordinary work and help to make a positive impact on society by relieving hardship for the underprivileged and needy. Stacks has lawyers specialising in the legislation and regulations surrounding charities and fundraising.
Fundraising in NSW comes with a whole host of regulations and legislation that must be complied with. These serve to protect your charity from having its name used fraudulently and to ensure that money raised is in fact used for the purpose that has been stated. As with other industries, charities must comply with workplace laws such as workplace health and safety, and anti-discrimination laws.
To be classified as a charity, an organisation must be not-for-profit, and the main reason for its existence must be for charitable purposes such as raising money to relieve poverty and financial hardship. The Australian Charities and Not-for-Profits Commission (ACNC) is the Federal body that oversees charities. NSW Fair Trading is responsible for administering the Charitable Fundraising Act 1991.
Stacks Law Firm understand the issues affecting the charity industry, and can advise you in relation to the appropriate legal structure and your obligations and rights under that structure. We can also provide advice about managing potential risks such as protecting your charity’s name and reputation.
Charity and fundraising matters where Stacks Law Firm can assist you
- Obtaining a license to conduct charity work
- Registering your charity with the Australian Charities and Not-for-Profits Commission (ACNC)
- Charitable purposes under the law
- Legal structures and their associated regulations and requirements:- Unincorporated association
- Incorporated association - where the organisation has a separate legal identity, with advantages such as the ability for a bank account to be opened in the charity’s name, and limited legal liability for its directors
- Incorporated company - for larger charities wishing to operate nationwide or abroad (this involves a requirement to register with the Australian Securities and Investment Commission)
- Drafting or reviewing contracts or workplace codes of conduct
- Taxation requirements and benefits
- Issues arising from commercial fundraisers (ie. where a business is involved in a fundraising appeal on behalf of a charity)
- Issues arising from authorising others to fundraise on your charity’s behalf
- Obligations under Liquor and Gaming NSW when conducting fundraising through gaming activities (eg. raffles)
- Exemptions and assistance from federal, state and local governments
- Property advice
- Disclosure regulations
- Employment, workplace health and safety, and anti-discrimination laws
- Merging with another charity
Need advice about the law affecting charities, fundraising and social enterprises? Call us today