Monardo Legal understands the unique legal needs and challenges faced by associations and non-profits. Whether you're a community organisation, charity, club, or professional association, navigating legal complexities is crucial to your success and sustainability.

Our team of experienced lawyers provide tailored legal solutions designed to support the diverse needs of associations and not-for-profits organisations. From incorporation and governance to compliance and risk management, we offer comprehensive legal services to safeguard your organisation's mission and objectives.

With a deep understanding of the legal landscape governing associations and not-for-profits in Australia, we are committed to empowering our clients with proactive legal advice and strategic guidance. Whether you're seeking assistance with drafting bylaws, managing contracts, resolving disputes, or navigating regulatory requirements, we're here to provide you with the expertise and support you need to thrive.

In Australia, associations and not-for-profit (NFP) organisations are governed by various laws and regulations at both the federal and state/territory levels. Here's an overview:

Incorporation: Many associations and NFP organisations choose to incorporate to gain legal recognition as separate legal entities. This limits the liability of their members and provides certain legal advantages. Each state and territory has its own legislation regarding incorporation. Commonly, organisations incorporate as associations under the relevant Associations Incorporation Act in their state or territory.

Governance: Associations and NFP organisations must adhere to principles of good governance, which include maintaining transparent decision-making processes, keeping accurate records, and ensuring compliance with legal obligations. Governance frameworks are often outlined in the organisation's constitution or governing documents.

Taxation: While NFP organisations are generally exempt from income tax, they still need to comply with tax laws regarding goods and services tax (GST), fringe benefits tax (FBT), and other applicable taxes. The Australian Taxation Office (ATO) provides guidance and resources specifically tailored to the tax obligations of NFP organisations.

Charitable Status: Many NFP organisations operate as charities, providing services or benefits to the community. To be eligible for charitable status, organisations must meet certain criteria outlined by the Australian Charities and Not-for-profits Commission (ACNC). Charities enjoy additional tax benefits and regulatory oversight.

Regulation: The ACNC is the national regulator of charities in Australia. It oversees the registration and regulation of charities, ensuring they comply with their obligations under the ACNC Act and adhere to governance standards. Additionally, associations and NFP organisations may be subject to regulation by other government bodies depending on their activities and the laws applicable to their sector.

Fundraising: Organizations engaging in fundraising activities must comply with state and territory fundraising laws, which regulate how funds are raised for charitable purposes. These laws typically require organisations to register with the relevant authority and adhere to specific reporting and disclosure requirements.

Employment Law: Associations and NFP organisations must comply with employment laws governing issues such as workplace health and safety, employment contracts, wages, and conditions. The Fair Work Act and relevant state/territory legislation outline the rights and obligations of employers and employees.

Intellectual Property: Organisations should be mindful of intellectual property laws when it comes to protecting their trademarks, logos, and other proprietary assets. Properly registering and managing intellectual property rights can help safeguard the organisation's brand and reputation.

It's important for associations and NFP organisations to stay informed about changes in laws and regulations that may affect their operations.

Seeking legal advice from professionals with expertise in this area can help ensure compliance and mitigate legal risks. Contact Monardo Legal on 02 8006 5244