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Articles on Governance and Leadership in Purpose Driven Organisations.
Non-Profit Fact Sheets
What is an Unincorporated Association?
Although an unincorporated association does not have the same economic significance as larger non-profit organisations, its great number and presence in many communities across the country attest to the robust nature of choosing it as a legal structure. In a 2021 report, Volunteering Australia found that there are nearly 6 million people who volunteer through an organisation every year. The most popular activities for volunteering are sports and physical recreation, religious organisations, and education and training.
Better Boards
What is Deductible Gift Recipient (DGR) Status?
Deductible gift recipient (DGR) status carries with it certain legal responsibilities and only certain types of entities qualify. As with organisations registered as a charity, a deductible gift recipient or DGR receives a special legal status that can only be assigned and endorsed by the Australian Taxation Office (ATO). These entities must conduct their activities under specific categories. What is a Deductible Gift Recipient (DGR) Status? Entities that are endorsed as a deductible gift recipient (DGR) can receive income tax deductible donations.
Strategy & Risk
The Intersection of Risk, Culture and Crisis and at What Price
Much is said and written about personal, brand and company reputations, but when all is said and done reputation rests on three pillars: context, stakeholders, and culture. Context because what happens around a business from a government, social, environment and economic perspective dictates the level of risk associated with your operations and your business decisions. What was right or acceptable 20 years ago may not be right today. What is right according to the letter of the law may not be perceived as right by the society in which you operate.
Craig Badings
What is an Indigenous Corporation?
When establishing a non-profit organisation specialising in providing programs or services to Aboriginal and Torres Strait groups, founding an Indigenous Corporation is a great option. An Indigenous Corporation is a specific type of organisational legal structure that can be used in Australia. Indigenous Corporations are overseen by the Office of the Registrar of Indigenous Corporations (ORIC), an independent statutory office appointed by the Minister for Indigenous Affairs under the Corporations (Aboriginal and Torres Strait Islander) Act 2006.
What is an Incorporated Association?
An incorporated association is one of several formal legal structures available to non-profit organisations in Australia. Incorporating your association can offer your members certain rights and legal benefits. The main benefit of incorporating as an association is that your members will have limited liability status and will be protected legally if you fail to meet your financial obligations or are sued for negligence. When establishing a non-profit organisation, founders can choose from a large range of legal formats.
Cooperatives in Australia: What are they?
Co-operatives in Australia come in several different forms. The co-op organisational structure may be the right one for you if your goal is to produce goods and services in an isolated community where the middleman is making it difficult for businesses to thrive or people to access affordable services. Co-ops in Australia may vary since each has its own unique purpose and membership. An organisation’s legal structure will determine the types of activities you are legally able to carry out and which government bodies it is required to seek registration from or report to.
Governance
Constitutions – The Foundations of Good Governance
Constitutions are crucial documents. At a national level, they describe how a country is governed. In democracies Prime Ministers and Presidents are elected to office following the processes described in a nation’s constitution. The Australian parliament states that the “national constitution is a set of rules for governing a country”. Similarly, constitutions lie at the heart of associations and charities and provide their rules. Significantly, they define who the members are and the process by which the organisation is run and elects its leadership.
Kathy Nguyen
What is a Company Limited by Guarantee?
When establishing your non-profit organisation, you have several legal structure options to choose from, including an incorporated or unincorporated association, a cooperative, a charitable trust, or a company limited by guarantee (CLG). As a founder, the choice you make will determine the types of activities you can legally carry out. An organisation’s legal structure will inform the way reports and registration requirements are determined and regulated by government bodies and must be made clear during the registration process.
Board Dynamics
Coaches in the Boardroom?
Leading a not-for-profit organisation can be a lonely pursuit but it need not be. Leadership experts say board chairs, non-executive directors and CEOs all need allies to help them monitor and navigate the shifting dynamics of a volunteer board. Increasingly, not-for-profit leaders are looking to organisational or executive coaches to be that thinking partner. And, with good reason. Organisational coaching is a practice that has been proven to increase effectiveness of decision-making, sharpen strategic focus, develop, and encourage constructive board leadership behaviours, and help navigate transitions.
Randall Pearce, Jane Porter
In Service of Two Masters – Conflicts in the Context of Multiple Directorships
Director recruitment is an important task for both not-for-profit and for-profit organisations alike. It is an opportunity to enhance the skills, experience and diversity of the existing board and ensure the directors are best placed to serve the organisation into the future. But what happens when the preferred candidate already sits on multiple boards, including the board of a potential competitor? It is a well-known principle of corporate governance that a director owes certain duties to the organisation they serve.
Elizabeth Lathlean