Not for Profits and the Law (LAWS90077)

This subject will consider the legal framework applicable to not-for-profit entities in Australia. It is estimated that there are more than 600,000 not-for-profit entities within Australia and that collectively they make a significant contribution to the economy. The subject will critically examine:

• Context: the nature of the NFP sector and the diversity of entities that make up the sector;
• The variety of legal forms and the legal consequences of adopting different forms;
• The significance of NFP status and the interaction with notions of charity, including tax treatment;
• Definitional issues, including divergence between Commonwealth and States as a result of the Charities Act 2013 (Cth);
• Historical developments relating to the definition of charity and the various sub-groups eg public benevolent institutions, necessitous circumstances funds, health prevention charities;
• Key issues in relation to charities and similar NFPs eg identifying 'worthy' purposes; non- profit/non-distribution requirements; public benefit requirement and relationship between trust law and tax law;
• Constitutional dimensions, including the scope of the Commonwealth taxing power and the residual powers of the States and Territories and the impact on the development of charity law;
• Theoretical justifications for tax concessions;
• Policy issues including advocacy, government bodies and extra-territorial operations and philanthropy;
• Various tax concessions at Commonwealth and State and Territory level and tax avoidance and tax evasion involving NFP status;
• Private and Public Ancillary Funds and other issues associated with philanthropy; and
• Regulatory issues.