Practice area

Not-for-Profit, Charities & Associations

Define the intended work in Not-for-Profit, Charities & Associations, confirm the applicable requirements and select a task to plan the necessary review.

Key facts

Tasks covered
26
Tasks with a step-by-step checklist
12
Local differences
3 jurisdictions where this area changes

Jurisdiction

Tasks

GreenLawyer reviewYellowClose supervisionRedLawyer-led

Tasks in Not-for-Profit, Charities & Associations
TaskHow AI is usedHuman involvementWhat the lawyer must review
Build a charitable-purpose table under s 5 of the Charities Act 2013 (Cth)ChecklistStart this taskSee suggested levelsFrom the proposed objects, map each purpose to the s 5 charity heads and list activities that may be disqualifying under s 11.YellowClose supervision
  • Check the s 5 head, reading s 12(1)(l) narrowly
  • Check s 11 disqualifying purposes
  • Check PBI direct relief (Equality Australia [2024] FCAFC 115; July 2025 ACNC statement)
  • Verify every case cited
Compare association, CLG, trust and unincorporated structures for an NFPChecklistStart this taskSee suggested levelsCompare an incorporated association, CLG, unincorporated association and charitable trust against the objects, ASIC and ACNC reporting, fundraising and DGR plans.YellowClose supervision
  • Remember associations law is state-based and suits single-state work
  • Check DGR structural rules and current ASIC thresholds
  • Check trustee liability
  • Check ACNC scrutiny of mixed NFP and for-profit structures
Draft a constitution or rules from the model and the client's objectsStart this taskSee suggested levelsProduce a first-draft constitution from the model the lawyer has named, adapting membership, committee powers, quorum and winding-up.YellowClose supervision
  • Use the statute of the place of incorporation
  • Check winding-up and surplus clauses match any charity or tax-concession rules
Draft a charity-registration application narrativeStart this taskSee suggested levelsProduce the purpose, governance and activities narrative from the constitution and the client's description, mapped to the registration criteria the lawyer has listed.YellowClose supervision
  • Confirm the subtype or equivalent category is right
  • Check tax and fundraising consequences of the label chosen
Draft a DGR endorsement application to the ATO under Division 30ChecklistStart this taskSee suggested levelsIdentify the DGR category under Division 30 of the ITAA 1997 from the objects and activities, and draft the application narrative and winding-up clause checklist.YellowClose supervision
  • Check the category, for example PBI v harm prevention charity
  • Check PBI direct relief after Equality Australia [2024] FCAFC 115
  • Check gift-fund and winding-up clauses
  • Check the 2024 transitional rules and the 30 June 2026 deadline
Build an ATO NFP self-review file for a non-charitable NFPChecklistStart this taskSee suggested levelsFrom the accounts and objects, list the Division 50 self-assessment category, mutuality facts and documents still needed for the annual NFP self-review return.YellowClose supervision
  • Confirm the client is not a registered charity, which lodges an AIS instead
  • Check the Division 50 category and mutuality
  • Check the 31 October deadline (or six months after a substituted year-end)
  • Check the 30 June 2026 governing-document deadline
Build a fundraising-licence matrix for the states and territories in the campaignChecklistStart this taskSee suggested levelsList licence or exemption paths in each state and territory, including online fundraising, against the National Fundraising Principles and named state rules.RedLawyer-led
  • Verify each place at the advice date
  • Check NSW (from 1 April 2026) and WA recognition of ACNC registration
  • Check adoption of the Principles and available exemptions
  • Check Qld, ACT, NT and Tas rules
  • Treat the output as a starting framework only
Draft board-governance materials against the charity standardsStart this taskSee suggested levelsProduce a governance checklist, conflicts register template and a first-draft training outline against the standards the lawyer has listed.YellowClose supervision
  • Check the current governance standards
  • Do not treat director duties as weaker because the entity is a charity
Draft the narrative for an annual charity information returnStart this taskSee suggested levelsProduce a first-draft activities narrative and a preparation checklist from last year's return and this year's papers.YellowClose supervision
  • Reconcile every figure to the accounts
  • Remember the return is public in many regimes
Build a winding-up and surplus-distribution checklist for an ACNC charityChecklistStart this taskSee suggested levelsList steps, notices and surplus-asset clauses from the constitution against the ACNC Act, Charities Act 2013, state associations Act and, for DGRs, the ITAA 1997.YellowClose supervision
  • Check the surplus clause and creditor priority
  • Check DGR assets are transferred to another DGR
  • Notify each regulator: ACNC; ASIC and Corporations Act steps for CLGs; state fair trading
  • Check fundraising notices and final ATO steps
Draft an advocacy policy against s 11 of the Charities Act 2013 (Cth)ChecklistStart this taskSee suggested levelsProduce a first-draft policy and a table of the client's planned campaigns mapped to the ACNC advocacy line and the s 11 disqualifying-purpose boundary.YellowClose supervision
  • Confirm law-reform advocacy is not a s 11 disqualifying purpose; partisan activity is
  • Check Electoral Act (Cth) and state disclosure duties
  • Check separate accounts for DGR funds
  • Check third-party fundraising rules
Draft bequest-program clauses and a gift-acceptance checklistStart this taskSee suggested levelsProduce model bequest clauses, tax or charity-number disclosure language and a checklist for the charity when a gift in a will arrives.YellowClose supervision
  • Check the clause identifies the right entity
  • Add a substitution sentence for mergers and name changes
Build an overseas-activities due-diligence fileStart this taskSee suggested levelsProduce a country-risk register, partner-diligence checklist and board-reporting template from the external-conduct rules the lawyer has named.YellowClose supervision
  • Confirm the current extra-territorial rules
  • Check whether even small overseas spend triggers extra standards
Map fringe-benefit, goods-and-services or equivalent tax concessionsStart this taskSee suggested levelsFrom the entity type and activities, list candidate concessions and the caps or conditions that appear to apply, with documents still needed.YellowClose supervision
  • Distinguish exemption from rebate
  • Confirm the current cap with the revenue authority
Compare the constitution with the model rules and the last special resolutionStart this taskSee suggested levelsCompare the constitution to the model and list non-model clauses, plus any mismatch with the last filed special resolution.YellowClose supervision
  • Check the filed constitution, which is the one that counts
  • Do not rely on a Word copy on a laptop instead of the register
Draft a conflicts-of-interest register from the related-party papersStart this taskSee suggested levelsFrom minutes, related-party contracts and the membership list, list overlapping offices and dealings that may need disclosure.YellowClose supervision
  • Confirm the current standard on charity related-party dealings
  • Do not under-state the related-party rules
Build a grants and restricted-funds table from the accounts and grant deedsStart this taskSee suggested levelsExtract grant conditions, reporting dates and restricted balances into a table with deed references.YellowClose supervision
  • Check the grant deed, not the management account label
  • Do not treat restricted funds as general funds
Draft a merger or successor-entity paper for two charitiesStart this taskSee suggested levelsCompare objects, membership, assets, bequest clauses and regulator consents into a steps paper for a merger or transfer of incorporation.YellowClose supervision
  • Check bequest and deductible-gift or tax-concession consequences
  • Confirm the merger path the statutes actually allow
Draft an AI-use policy for a charityChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyDraft a policy matched to the charity's actual AI use and risk.YellowClose supervisionLawyer checks privacy obligations.
Advise a charity board on AI governance dutiesChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyMap ACNC governance standards to AI use.YellowClose supervisionLawyer settles advice.
Review a grant application drafted with AIChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyCheck accuracy and funder conditions.YellowClose supervisionCharity verifies facts.
Assess privacy risk of a charity chatbotChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyMap chatbot data flows to APPs.YellowClose supervisionLawyer confirms.
Advise a legal-services charity on an AI triage toolChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyAssess triage tool risks.YellowClose supervisionLawyer reviews.
Draft an AI policy for a not-for-profitStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in linksDraft policy using NFP Law template guidance.GreenLawyer reviewLawyer adapts.
Advise a charity on AI governance duties under ACNC standardsStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in linksMap AI use to governance standards.YellowClose supervisionLawyer advises.
Review AI-generated fundraising marketing for copyright and ACL riskStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in linksFlag ownership and misleading claims.YellowClose supervisionLawyer reviews.

Firm-wide obligations

Firm-wide obligations
ObligationWhat it covers
Trust accounting & handling client moneyChecks that apply across files.
Costs, billing & litigation fundingChecks that apply across files.
Client-facing & access-to-justice AI toolsChecks that apply across files.
Incoming evidence — deepfakes & synthetic documentsChecks that apply across files.
AI decision systemsChecks that apply across files.
Confidentiality & client informationChecks that apply across files.
AML/CTF — the practice as a reporting entityChecks that apply across files.
What changes in Australia
What changes in Australia
TopicWhat changes
Legal frameworkACNC Act 2012, Charities Act 2013, ITAA 1997 Divisions 30 and 50 and the ACL, plus state and territory associations and fundraising laws, and ASIC for companies limited by guarantee.
Which jurisdictionAdvice right for one state can be wrong for the client's. Confirm every place the client operates and fundraises before relying on a draft.
Recent reforms2024 DGR reforms, the NFP self-review return from 2024–25, the governing-document deadline extension, and fundraising harmonisation (NSW from 1 April 2026; WA in 2026).
Limits on AI assistance
  • Check every date and threshold against current ACNC, ATO and state regulator guidance.

Precedents for this area

All precedents for Not-for-Profit, Charities & Associations. Signed-in accounts can read the full text.

Related jurisdictions