Charity and Not-for-profit Law.

Establishing a charity or not-for-profit involves choosing the right legal structure (e.g. incorporated association, company limited by guarantee, trust), preparing a constitution or rules, registering with relevant government bodies (such as the Australian Charities and Not-for-profits Commission), applying for tax concessions and exemptions, including deductible gift recipient status, and ensuring compliance with regulatory requirements. Moores can assist with structuring advice, drafting governing documents, and lodging registrations so that you get off to a flying start.

Deductible Gift Recipient (DGR) status allows donors to claim a tax deduction for gifts made to your organisation. It is also a status that allows an organisation to receive grants from some private foundations and government funding bodies. Not all charities automatically qualify, the organisation must meet specific legal requirements under the and be endorsed by the Australian Taxation Office (ATO) as a DGR. Endorsement typically depends on your charity’s structure, purpose and activities. Moores can guide you through the eligibility requirements, assist you with structuring considerations, prepare your application for DGR endorsement, and liaise with the ATO to help your organisation access this important tax concession efficiently.

Constitutions and rules should be reviewed periodically (or when there are regulatory changes) to ensure they align with current law, reflect your governance practices, and cover key issues (e.g. member rights, trustee roles, dispute resolution). At Moores, we help with developing or updating constitutions/rules, policy development, and instituting governance best practices.

Organisations must comply with a variety of rules including the ACNC Governance Standards and other regulatory requirements, fundraising laws, tax and reporting obligations, privacy/data protection, and sometimes anti-money laundering laws. It’s essential to have internal compliance systems, conduct proactive audits or reviews, maintain accurate records, and ensure board/trustees understand their legal duties. Moores assists with both proactive compliance reviews and responding when issues arise or investigations are underway.

Before a merger, you need to consider compatibility of mission, financial health, governance structures, liabilities (including legal obligations, contracts, employment), stakeholder impact, and legal steps for amalgamation or restructuring. Our team helps you navigate risk, conduct due diligence and assessments, ensure correct legal processes are followed, and that the restructuring supports your purpose.

Internal disputes — among board members, between staff and governance, or with members/stakeholders — can threaten mission focus and organisational culture. Moores provides advice on dispute resolution, guidance on policies to prevent disputes (like grievance procedures), and helps you resolve conflicts in a way that focuses on preserving relationships and maintaining trust, while also protecting legal and operational integrity.

Closing an organisation requires careful consideration of legal structures, member approvals, and outstanding obligations. Moores provides guidance on the appropriate steps, whether it’s deregistration, winding up, or dissolution, ensuring compliance with all legal and regulatory requirements to avoid unnecessary challenges and delays.

Fundraising in Australia is regulated by State and Territory legislation and the Australian Consumer Law. Moores assists organisations in navigating these complex laws across jurisdictions. We provide guidance on compliance, review fundraising materials, and offer training to ensure your organisation meets all legal requirements.