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Compliance Matters: How PICK with SALT Legal Can Help

Navigating compliance requirements can be overwhelming for charities and not-for-profit organizations (NFPs). PICK, in collaboration with SALT Legal, provides expert guidance and support to help your organization meet its legal and regulatory obligations. Whether you’re dealing with ATO requirements, constitutional updates, or occupation classifications, we’re here to simplify the process and ensure your organization remains compliant and sustainable.

ATO Self-Assessed NFP Register

The ATO has introduced a self-assessed NFP register for all non-charity registered NFPs to prove their income tax exemption status each year. However, many NFPs registered before the Charities Act 2013 (Cth) and the ACNC Act 2013 (Cth) have purposes that no longer align with the 12 charitable purposes outlined in the Charities Act. This misalignment can jeopardize their tax-exempt status.

How We Can Help:

  • Assess your organization’s current purposes and activities.

  • Update your constitution to align with the Charities Act 2013 (Cth).

  • Guide you through the process of registering as a charity or meeting the criteria of the ITAA97 to remain a self-assessed NFP.

Victorian Incorporated Associations: Regulatory Changes

  • In November 2023, Consumer Affairs Victoria (CAV) updated the Associations Incorporation Reform Regulations 2023 (Vic). If your organization is registered under the Model Rules, your constitution may have been overwritten by the new regulations, with only parts 1–3 (organization name, purpose, and financial year) retained. If you’re using Own Rules, the changes to the Model Rules don’t apply, but other regulatory updates, such as new turnover thresholds, do.

How We Can Help:

  • Determine which version of the rules applies to your organization.

  • Update your constitution to comply with the latest regulations.

  • Ensure your organization’s purpose is charitable and aligns with the Charities Act 2013 (Cth).

  • Assist with audit requirements based on your organization’s turnover category (small, medium, or large).

Government Funding and Constitutional Issues

  • Many government funding bodies have required charities and NFPs to include inappropriate clauses in their constitutions, such as promoting a specific government department. These clauses can conflict with your organization’s charitable purpose and create compliance challenges

How We Can Help:

  • Review and amend your constitution to remove inappropriate clauses.

  • Ensure your organization’s purpose remains aligned with the Charities Act 2013 (Cth).

  • Provide guidance on maintaining independence while accessing government funding.

Legacy Constitution Issues

  • If your organization’s constitution hasn’t been updated since the 1981 Act, CAV assumes you’ve transitioned to the 2012 Model Rules but may not have updated your document. Many organizations are unaware of this and continue to operate under outdated rules.

How We Can Help:

  • Investigate which version of the rules applies to your organization.

  • Update your constitution to reflect the current regulations.

  • Ensure your organization’s purpose is charitable and compliant with the Charities Act 2013 (Cth).

Occupation Classifications and ANZSCO Codes

  • The CSO sector has struggled to maintain accurate occupation classifications, with many organizations still using defunct ANZSCO codes. The ABS has now adopted the Occupational Standard Classification for Australia (OSCA), which will be fully implemented by 2026.

How We Can Help:

  • Update your organization’s occupation classifications to reflect the latest standards.

  • Ensure your ABN details are accurate and up-to-date.

  • Help you avoid missed funding opportunities due to outdated codes.

Trading Across State Borders

  • Incorporated associations are only permitted to trade within their state of registration unless they obtain an Australian Registrable Business Number (ARBN) from ASIC. Many organizations operating across state borders lack an ARBN, which can create legal and operational challenges.

How We Can Help:

  • Assist with applying for an ARBN if your organization operates across state borders.

  • Ensure board members obtain a Director Identification Number (DIN) if required.

  • Provide guidance on maintaining compliance with ASIC regulations.

Why Choose PICK with SALT Legal?

  • Expertise: Decades of combined experience in governance, compliance, and legal frameworks.

  • Tailored Solutions: Customized support to address your organization’s unique challenges.

  • Proactive Approach: Helping you stay ahead of regulatory changes and avoid compliance risks.

  • Proven Results: Successfully assisting charities and NFPs across Australia to achieve compliance and sustainability

Get Started

  • "Don’t let compliance challenges hold your organization back. Contact PICK today to learn how we can help you navigate complex regulations, update your constitution, and ensure your organization remains compliant and sustainable.

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