Legal issues for Not For Profits

This four-day executive education short course examines the nature, function, governance and regulation of not-for-profit (NFP) entities in Australia, with a focus on charities. The unit approaches these issues on a life-cycle basis, examining aspects of formation, governance, tax and fundraising concessions, regulatory requirements and dissolution restrictions applicable to NFP entities under statute and the common law. The course engages with research, comparative perspectives and recent developments in the law to critique the extent to which the current framework for NFP entities encourages innovative, independent and efficient processes and activities for the public benefit, whilst also ensuring the accountability and integrity of the NFP sector. In doing so, we will examine boundary issues such as the provision of private benefits, the commerce/NFP boundary and the government/NFP boundary. Lawyers, accountants, government officials, board members and NFP managers will benefit from this course.

The course will cover the following key areas:

• defining and theorising the existence and regulation of NFPs and charities
• formation (tax concessions and legal form)
• operation of NFPs (governance, regulatory regimes, fundraising)
• change of purpose and M&A in the NFP sector
• equality and NFPs; advocacy and NFPs
• current boundary issues (private benefit, commerce boundary, government boundary)

A full set of reading materials will be provided on-line. The course will be taught in a seminar format interspersed with class discussions and small-group sessions involving the application of legal principles to problem questions.

The short course will be led by Professor Ian Murray. Ian has undertaken NFP sector research for over 15 years and has a number of years’ experience as a legal practitioner advising on NFP issues. Ian also has practical experience in the regulatory and governance issues faced by NFPs, having been a NFP board member, including chairperson, for over a decade and having worked in-house at a NFP.

The course will also include a range of leading experts as guest speakers, drawn from the NFP sector, law firms and regulators.

Indicative timetable (subject to change)

Day 1 – Tuesday, 3 September 2024

Session	Time	Session Title	CPD Area / Points
Session 1	9.00 – 10.30	Overview of the sector Defining NFPs and charities	CA4 (Substantive Law) 0.5 points
	10.30 – 11.00	Morning tea
Session 2	11.00 – 12.30	Theorising the existence and regulation of NFPs and charities	CA4 (Substantive Law) 1.5 points
	12.30 – 1.30	Lunch
Session 3	1.30 – 3.00	Formation – choice of legal form	CA4 (Substantive Law) 1.5 points
	3.00 – 3.30	Afternoon tea
Session 4	3.30 – 4.30	Formation – tax concessions	CA4 (Substantive Law) 1 point

Day 2 – Wednesday, 4 September 2024

Session	Time	Session Title	CPD Area / Points
Session 5	9.00 – 10.30	Formation – tax concessions workshop	CA4 (Substantive Law) 1.5 points
	10.30 – 11.00	Morning tea
Session 6	11.00 – 12.30	Operation – governance requirements	CA3 (Ethics) 0.5 points CA4 (Substantive Law) 1 point
	12.30 – 1.30	Lunch
Session 7	1.30 – 2.30	Operation – Regulatory regimes and requirements	CA4 (Substantive Law1 point
	2.30 – 3.00	Afternoon tea
Session 8	3.00 – 4.30	Operation – Fundraising & obligations to donors	CA4 (Substantive Law) 1.5 points

Day 3 – Thursday, 5 September 2024

Session	Time	Session Title	CPD Area / Points
Session 9	9.00 – 10.30	M&A activity & changes of purpose	CA4 (Substantive Law) 1.5 points
	10.30 – 11.00	Morning tea
Session 10	11.00 – 12.00	Private benefit	CA4 (Substantive Law) 1 point
	12.00 – 1.00	Lunch
Session 11	1.00 – 2.30	Equality: Freedom of association and discrimination	CA4 (Substantive Law) 1 point
	2.30 – 3.00	Afternoon tea
Session 12	3.00–4.30	Workshop	CA4 (Substantive Law) 1.5 points

Day 4 – Friday, 6 September 2024

Session	Time	Session Title	CPD Area / Points
Session 13	9.00 – 11.00	NFPs and government Definitional Advocacy	CA4 (Substantive Law) 2 points
	11.00 – 11.30	Morning tea
Session 14	11.30 – 12.30	NFPs and commerce: Part I Carrying on a business Input taxed concessions such as FBT support	CA4 (Substantive Law) 1 point
	12.30 – 1.30	Lunch
Session 15	1.30 – 3.00	NFPs and commerce Part II Social enterprise and investment Changing landscape	CA4 (Substantive Law) 1.5 points
	3.00 – 3.30	Afternoon tea
Session 16	3.30 – 4.30	Assignment & exam preparation workshop	NO POINTS

Continuing Professional Development

• Full attendance entitles a legal practitioner to claim 10 CPD points, selected from Competency Area 3 (Ethics and Professional Responsibility) and Competency Area 4 (Substantive Law) as indicated in the program above.
• Partial attendance entitles a legal practitioner to claim CPD points as outlined for each session in the program above.

The CPD rules differ for jurisdictions outside Western Australia and if you are outside Western Australia, we recommend that you check with your local relevant authority whether you can claim any CPD points.


The discounted registration rates are available for not-for-profits. Please contact executiveeducation-slaw@uwa.edu.au for further information.