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Not-for-Profits, Law and the State (LAWS90055)
Graduate courseworkPoints: 12.5Not available in 2024
Overview
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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. The subject will be taught by two of Australia’s leading not-for-profit law experts.
- 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 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: 30 January 2024
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 offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
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: 30 January 2024
Assessment
| Description | Timing | Percentage |
|---|---|---|
Take-home examination
| 10 - 13 January 2020 | 100% |
| Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Last updated: 30 January 2024
Quotas apply to this subject
Dates & times
Not available in 2024
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 30 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Commercial Law Course Master of Laws Course Graduate Diploma in Tax Course Master of Tax Course Master of Private Law - Links to additional information
law.unimelb.edu.au
- 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.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 30 January 2024