Not-for-Profits, Law and the State (LAWS90055)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
November
Teaching staff:
Matthew Harding (Subject Coordinator)
Jennifer Batrouney
Murray Baird
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | November |
|---|---|
| Fees | Look up fees |
Not-for-Profits, the law and the state is a hot topic. As the government retreats from the direct provision of social welfare and public goods, and as not-for-profits seek as never before to integrate commerce and advocacy with their traditional purposes, much attention is being focused on not-for-profit law. These profound developments also suggest that not-for-profit law is becoming as important to contemporary societies as corporations law or administrative law. In this subject, we will look in depth at the key elements of this critical body of law and on the relationship between the state and the not-for-profit sector. We will reflect on important questions raised by not-for-profit law in its contemporary setting, questions relating to the definition of charity, the taxation of not-for-profits, and not-for-profit regulation. We will adopt comparative, theoretical and practical perspectives in working through these questions.
Indicative list of principal topics:
- The legal definition of charity in Australia and other analogous jurisdictions
- The public benefit test and recent developments in the law of public benefit in Australia and abroad
- The extent to which not-for-profits can undertake for-profit activities and member benefit arrangements
- The treatment of religion in charity law
- The treatment of political advocacy in charity law
- The tax treatment of not-for-profits, including tax exemptions and deductible gift recipient status, from a critical perspective
- Not-for-profits and discrimination on grounds like race, religion and sex
- A comparative examination of the regulation of the not-for-profit sector.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the legal principles of Australian not-for-profit law, including recent developments in this field of law and practice both in Australia and in other jurisdictions
- Be able to critically examine, analyse, interpret and assess legal rules, principles, policies and doctrines relating to not-for-profits, law and the state
- Be an engaged participant in debate regarding emerging and contemporary issues in the field, such as the treatment of political advocacy in charity law, not-for-profits and discrimination, and the tax treatment of not-for-profits
- Have a sophisticated appreciation of the factors and processes driving not-for-profit law reform and regulation of the not-for-profit sector
- Have the cognitive and technical skills to generate critical and creative ideas relating to not-for-profit law and practice, and to critically evaluate existing legal theories, principles and concepts with creativity and autonomy
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to not-for-profit law and practice.
Last updated: 4 March 2025
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Some knowledge of trusts law and tax law desirable but not essential.
Applicants without legal qualifications should note that subjects are taught at an advanced graduate level and requires a thorough background in common law. While efforts are made to meet the needs of students trained in other fields, teaching and assessment activities are designed to give an advanced and integrated understanding of the discipline of law for legal practitioners, learners and researchers.
Inherent requirements (core participation requirements)
The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
- The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
- The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
- The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
- The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
- The ability to work independently and as a part of a group;
- The ability to present orally and in writing legal analysis to a professional standard.
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
Last updated: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Take-home examination
| 9 - 12 January 2026 | 100% |
| Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- November
Principal coordinator Matthew Harding Mode of delivery On Campus (Parkville) Contact hours 34 Total time commitment 150 hours Pre teaching start date 29 October 2025 Pre teaching requirements Please refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 26 November 2025 to 2 December 2025 Last self-enrol date 3 November 2025 Census date 28 November 2025 Last date to withdraw without fail 9 January 2026 Assessment period ends 13 February 2026 November contact information
Teaching staff:
Matthew Harding (Subject Coordinator)
Jennifer Batrouney
Murray Baird
For current student enquiries, contact the Law School Academic Support Office
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 4 March 2025
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Commercial Law Course Master of Laws Course Specialist Certificate in Tax Course Graduate Diploma in Corporate Law Course Master of Private Law Course Master of Tax Course Graduate Diploma in Tax Course Graduate Diploma in Laws Course Juris Doctor - Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If subject coordinator approval is required, or for further information about Community Access Program study, please contact us
(enquiries for current students | enquiries for prospective students).
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025