Charities & Not for Profit

Lawyers for Charities & Not For Profits

Not-for-profit organizations run on passion and purpose, but they also must adhere to a complex set of laws and regulations.

Talon Legal provides the legal backbone for charities, social enterprises, and community groups in Adelaide.

By handling the compliance and governance details, we empower you to focus on what matters most: making a positive impact.

Book a same-day free 30-minute consultation or call (08) 7094 2021 to speak with a senior lawyer.

Common Legal Challenges for Charities and NFPs

Charitable and not-for-profit organizations often encounter specific legal challenges, such as:

• Establishment & Registration: Setting up the right legal structure (incorporated association, company limited by guarantee, etc.) and registering as a charity with the Australian Charities and Not-for-profits Commission (ACNC). This process requires clear charitable purposes and governing documents. Mistakes or omissions can delay tax concessions and fundraising ability.
• Governance & Compliance: Meeting ongoing obligations like annual financial reporting to ACNC, maintaining an appropriate board structure, and ensuring the organization’s activities align with its stated charitable purpose. Board members (or committee members) must understand their duties under the law to avoid personal liability or regulatory breaches.
• Tax Exemptions & Deductible Status: Navigating tax laws to obtain and keep exemptions (income tax, GST concessions, FBT rebates) and potentially attain Deductible Gift Recipient (DGR) status. The criteria are strict, and non-compliance or mission drift can put these valuable statuses at risk.
• Fundraising Laws: Complying with fundraising regulations in South Australia (and nationally, if raising funds online). This includes securing any necessary permits, providing proper receipts, and adhering to solicitation guidelines. Non-profits must also manage donor data in line with privacy laws.
• Employment & Volunteer Issues: Hiring staff or engaging volunteers comes with legal considerations—from employment contracts and fair work compliance for paid employees to duty-of-care and reimbursement issues for volunteers. An organization must distinguish between volunteers and employees properly to meet legal requirements for each.
• Risk Management & Liability: Addressing potential liabilities in activities (for example, public events, providing community services, or international aid projects). Charities may need to consider liability waivers, insurance coverage, and child protection policies, among other safeguards, to protect their beneficiaries, workers, and assets.

These challenges can affect the credibility and sustainability of your organization if not managed well. Talon Legal helps navigate them so your organization remains compliant and trusted.

How Talon Legal Supports the Not-for-Profit Sector

We are passionate about supporting organizations that do good. We offer tailored legal advice that respects both the head and the heart of your operation.

Our approach involves meticulous attention to regulatory detail, clear guidance for your leadership, and the use of efficient legal tools to manage documentation.

How we support charities & NFPs

• Formation and Charitable Status: We guide you through choosing the best structure for your needs (association, trust, non-profit company) and draft the constitution or trust deed to reflect your mission and meet legal standards. Our expertise in charity law means we will craft governing documents with provisions the ACNC expects, smoothing the path to registration. We handle the charity registration application and liaise with regulators to address any questions, aiming for quick approval of your charitable status and tax concessions.
• Governance Advice: Talon Legal provides ongoing counsel to boards and management on governance issues. We help establish good governance policies (conflict of interest policies, meeting procedures, etc.), and we can attend board meetings as needed to advise on significant decisions. Using our legal knowledge, we keep you informed of any changes in ACNC regulations or corporate law that affect your duties, ensuring your board stays compliant and effective.
• Regulatory Compliance & Reporting: We assist with preparing and reviewing annual reports, financial statements, and compliance documents before they’re submitted to regulators. Our team can set up reminders and checklists (leveraging digital tools) to ensure you meet deadlines for ACNC Annual Information Statements, state fundraising renewals, and other required filings. With our help, your organization maintains a spotless compliance record.
• Contracts and Agreements: Charities engage in various contracts – from funding agreements and sponsorship deals to memorandums of understanding (MOUs) with partner organizations. We draft and vet these documents to protect your interests. Whether you’re leasing a property for a community center, purchasing services, or collaborating on a project, we ensure the terms are fair and aligned with your charitable objectives.
• HR and Volunteer Management: We provide guidance on employment contracts for charity workers, ensuring compliance with awards and fair work laws, as well as drafting volunteer agreements that set clear expectations without inadvertently creating employment relationships. We also advise on safeguarding volunteers and clients (for instance, implementing volunteer insurance, working with children checks, and safety protocols).
• Risk Mitigation: Talon Legal works with you to identify areas of legal risk in your operations. We help craft risk management strategies, such as disclaimers for events or waivers for program participants, that can reduce liability. If your activities involve vulnerable people or international work, we help navigate the additional legal frameworks that apply (child protection laws, sanction regulations, etc.). And should any disputes or incidents arise, we are ready to step in with legal support and representation to resolve them appropriately.

Key Legal Services for Charities & NFPs

We offer a comprehensive suite of services to address the diverse legal needs of non-profits:

• Constitution & Policy Drafting: Drafting or updating constitutions, bylaws, and key organizational policies (like codes of conduct, privacy policies for client data, and fundraising policies) to ensure they are legally sound and reflect current best practices.
• Charity/DGR Registration Applications: Handling applications for charity status and Deductible Gift Recipient endorsements, including preparing supporting materials and engaging with the ACNC and ATO on any follow-up queries.
• Training for Boards: Providing workshops or briefings to board members and volunteers on their legal obligations and governance best practices. This educates your team and demonstrates your commitment to compliant operations.
• Fundraising Compliance Checks: Reviewing your fundraising campaigns and materials for compliance. We ensure donation forms, raffle or lottery activities, and online crowdfunding efforts meet legal requirements, and we advise on necessary disclaimers or licenses.
• Legal Health Check: Conducting periodic legal audits of your organization’s operations—checking everything from contractual arrangements to intellectual property usage (e.g., ensuring you’re not inadvertently infringing copyrights with marketing materials) to help you stay ahead of potential issues.
• Advocacy & Dispute Resolution: Representing your organization in dealings with regulators (for instance, responding to an ACNC investigation or inquiry) or in any disputes (such as a conflict with a former staff member or a misunderstanding with a beneficiary’s family). We aim to resolve issues amicably and maintain your organization’s positive public standing.

Why Choose Talon Legal for Your Not-for-Profit

Adelaide’s not-for-profit community chooses Talon Legal because we deliver knowledgeable service with a heartfelt touch:

• Dedicated Expertise: Our lawyers understand the nuances of charity law and not-for-profit governance. We’ve worked with a range of organizations—from small community clubs to larger charitable foundations—so we know the typical challenges and how to overcome them.
• Mission Alignment: We treat your mission as our own. When we provide advice, we do so with an appreciation of your values and the people you serve. Our goal is to craft legal solutions that empower your mission, not hinder it. We celebrate your successes and see ourselves as part of your extended team.
• Responsive Support: Non-profits often operate with limited resources. We respond promptly when you need advice, knowing that volunteer-run organizations especially can’t afford delays. Our tech-enabled practice helps us keep our services efficient and cost-effective, respecting the fact that every dollar saved is a dollar that can go back into your cause.
• Community Connections: Being locally based, we’re familiar with South Australia’s regulatory environment and community networks. We can connect you with other professionals, such as auditors familiar with NFPs or consultants for grant compliance, creating a support system around your organization.
• Continuity & Trust: Many of our not-for-profit clients stay with us for the long term. We earn trust by being transparent, approachable, and consistently effective. Over time, as your organization grows or shifts focus, we adapt our services to fit your new landscape—be it expanding your charity’s operations interstate or diversifying into social enterprise activities.

Book a Free 30 Minute Consultation

Every great cause deserves a solid legal foundation. Let’s work together to ensure nothing stands in the way of your vision for change.

Contact Talon Legal today to schedule a free initial consultation and find out how our legal expertise can support and strengthen your Adelaide not-for-profit organization.