Key legislative and regulatory developments affecting charities and NFPs entering 2027

Incorporated Societies Act 2022: what the post-transition regime means in practice

Charities Act obligations: governance reviews, officer responsibilities and ongoing compliance

Tax and fundraising changes, including the new donation tax credit cap from April 2027

Emerging compliance risks, regulatory scrutiny and the practical actions boards should prioritise

Recent cases and regulatory decisions: lessons from Family First and the Waipareira proceedings on charitable purpose, advocacy and public benefit, conflicts of interest, related-party transactions and regulatory scrutiny

Turning governing documents into a working governance framework: using the constitution or trust deed to shape governance manuals, board charters, policies, delegations, meeting procedures and annual governance processes so legal and constitutional requirements remain front of mind throughout the year

Decision-making traps: getting notice, quorum, voting, delegations and written resolutions right, and understanding when trustee decisions must be unanimous

Officer and trustee appointments: ensuring appointment and removal processes are valid, including officer eligibility, written consent and the powers given to different governance roles

Disputes and natural justice: meeting the mandatory dispute-resolution requirements for incorporated societies and avoiding procedures that expose decisions to challenge

Changing your governing document: following the correct approval process and ensuring amendments are properly recorded, registered with the Companies Office and notified to Charities Services where required

Keeping governance manuals aligned: ensuring policies, delegations and board procedures do not conflict with the constitution, trust deed or legislation, and knowing which document takes precedence when inconsistencies arise

When the rules aren’t followed: what happens when boards, committees or trustees make decisions outside their authority or fail to follow their own governing procedures

Key changes under the Employment Relations Amendment Act and their implications for NFP and charity employers

Employee or Contractor? Understanding the New Gateway Test and Avoiding Misclassification

Changes to unjustified dismissal protections and personal grievance remedies: the new $200,000 remuneration threshold, changes to available remedies and the consequences of employee contributing conduct

What the reforms mean for employment agreements, workplace policies and HR processes

Practical compliance priorities for employers heading into 2027

Hiring correctly: employment agreements, trial periods, role expectations and pre-employment processes

Board versus management responsibilities: understanding who should make employment decisions, particularly in smaller organisations where governance and operational roles can become blurred

Managing the CE relationship: ensuring the Chief Executive is aligned with board expectations while maintaining clear boundaries between governance oversight and day-to-day management

Managing poor performance: when informal management should become a formal performance process and who should lead that process

Misconduct versus performance and why the legal process differs

Procedural fairness, good faith and documentation when disciplinary action is required

When dismissal is justified, and the common mistakes, including unclear decision-making authority or inappropriate board involvement, that lead to personal grievances

When a restructuring or redundancy can be considered genuine

Good-faith consultation and what information employers need to provide

Making fair and defensible decisions about roles and positions

Redeployment and alternative employment obligations

Redeployment and alternative employment obligations

Managing notice, redundancy provisions and employment agreements

Common process mistakes that can lead to personal grievances

What changes under the Health and Safety at Work Amendment Act from 1 April 2027

New critical-risk requirements and what they mean for smaller NFPs and charities

Clarified duties for boards, chief executives and other officers

What “proportionate” health and safety compliance looks like for organisations with fewer than 20 workers

Approved Codes of Practice and the new safe-harbour approach

What boards should change in their health and safety governance before April 2027

Understanding the legal difference between an employee, volunteer worker and casual volunteer

When volunteers are treated as workers under health and safety legislation

Health and safety responsibilities when volunteers work alongside paid employees

Training, supervision, risk management and protecting volunteers from harm

Legal responsibilities of volunteer board members and officers

What changes when an organisation is entirely volunteer run versus employing paid staff

New IPP3A obligations for information collected indirectly

Lawful collection, use and sharing of personal information

Managing sensitive client, donor, volunteer and employee data

Sharing information with funders, agencies and service providers

Responding to privacy breaches, complaints and access requests

What the three-year governance review requires

What boards should review and document

Reviewing governance procedures and governing documents

Identifying gaps in board capability and decision-making

Turning the review into practical governance improvements

What a practical board skills matrix should assess and how to identify critical capability gaps

Using skills matrices to guide recruitment, succession planning and board development

Looking beyond recruitment: when to upskill existing board members, use advisers, establish committees or share expertise

Collaboration as a capability strategy: partnering with other charities, community organisations and sector networks to share knowledge, resources and specialist expertise

Strengthening access to resources: how board capability, networks and relationships can support fundraising, partnerships and sustainable funding

Collaboration as a capability strategy: partnering with other charities, community organisations and sector networks to share knowledge, resources and specialist expertise

Collaboration as a capability strategy: partnering with other charities, community organisations and sector networks to share knowledge, resources and specialist expertise

Avoiding over-reliance on personal networks while still using networks strategically to broaden board and organisational capability

How smaller charities and NFPs can strengthen governance capacity without significantly increasing cost

Reviewing board capability as strategy, funding, risk and community needs change