Not-for-Profit

Not-for-profit (NFP) and charitable organisations form an important part of the South Australian community, contributing significantly to the overall well-being of our state in terms of social responsibility and community investment. Australia’s not-for-profit sector provides a wide range of vital services including in relation to health, education, environment, human rights, social services, sport and recreation, animal welfare and arts and culture.

DW Fox Tucker’s practitioners are actively involved in supporting and working with the not-for-profit sector in the South Australian community, including the provision of pro bono services to several such organisations.

We have assisted not-for-profit clients with a wide variety of legal services, including advice and representation on corporate governance, incorporation and formation, constitutions, workplace matters and disputes, obtaining deductible gift recipient status and advising on tax exemption.

Over the years our predecessor firms and practitioners have acted for and advised many not-for-profit and charitable associations and organisations, including: the Welfare Rights Centre SA / The Housing Legal Clinic; Cancer Council SA; Minda Inc.; St Andrew’s Hospital; Eldercare; ECH; National Association for Sustainable Agriculture Australia; BaptistCare SA; Jane Goodall Institute Australia; Equals International; Cirkidz; Cody’s Angels Heart Foundation; Arthritis Foundation; Uniting Care Wesley Bowden; Uniting Communities; Police Health Ltd.; Society of St Hilarian; Bene (Italian Benevolent Foundation); Educating to End Violence; Living Without Limits; Aboriginal Sobriety Group; Aquinas College; Cora Barclay Centre; St Ignatius’ College; the Repat Foundation; and HAMB Systems (provider of software and IT support to most of Australia’s private health insurers).

Key Services

  • Advice and redrafting of Agreements for the provision of Aged Care home services under Department of Health and Ageing funding arrangements
  • Advising in relation to corporate governance for larger not-for-profits and reviewing constitution documents as a consequence
  • Advising in relation to fundraising licences and requirements for associations
  • Applications for DGR status through the Australian Charities & Not-for-profits Commission and Aus Aid, including in the following categories:
    • Register of Environmental Organisations
    • Overseas Aid fund
    • Public Benevolent Institutions
    • Harm Prevention Charity
  • Applications for registration as a charity and various tax concessions
  • Assisting in ensuring compliance with fundraising laws and obtaining necessary licences nationwide
  • Assisting in obtaining grants and funding
  • Constitutional advice and amending constitutions
  • Dispute and litigation advice and representation, including defamation matters, property disputes and advising Management Boards on dispute resolution procedures
  • Drafting and amending governing documents for both incorporated associations and public companies, ensuring compliance with existing endorsements
  • Drafting policy and procedure manuals
  • Employment and workplace related matters, including work health and safety advice and representation
  • Establishing and running charitable foundations, including applications for taxation concessions and licensing arrangements
  • Estate administration issues, particularly in relation to challenges to wills
  • General commercial advice in relation to the everyday operations of associations
  • Incorporation services
  • Intellectual property policy and pro-forma licence agreements, including for funded research for not-for-profit medical research organisations
  • Leasing advice
  • Risk management advice to Boards
  • Redrafting Privacy Policies to comply with changes to privacy legislation
  • Taxation advice in relation to exemptions and gift-deductable status, GST and other taxes
  • Wills and estate legal services
  • Workers compensation and self insurance advice, applications and claims management

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