NOT-FOR-PROFIT AND CHARITY
Not-for-Profit and Charity Sector Legal Services
Australia's not-for-profit (NFP) and charity sector operates in a highly regulated environment, often with the same or higher level of scrutiny as for-profit organisations, plus additional obligations for registered charities under the Australian Charities and Not-for-profits Commission (ACNC), including governance and reporting.
At Harwood Andrews, we advise charities, not-for-profits, community groups and purpose-led organisations on the legal issues that matter at every stage: establishment, growth, funding, operations and change. We bring together specialists across commercial law, employment, disputes, estates, technology and governance to deliver integrated and practical advice.
Industry Insights
How we help charities and not-for-profits
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We advise on selecting and implementing the right legal structure and governance model for your mission, including:
Incorporated associations, companies limited by guarantee and charitable trusts
Governance frameworks, delegations, policies and board or committee support
Restructures, mergers and collaborations to support growth and expansion
Explore our broader advisory capability through Commercial Law.
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For registered charities, governance obligations are central to maintaining public trust and regulatory compliance. The ACNC Governance Standards require charities to remain charitable, operate lawfully and be run in an accountable and responsible way.
We assist with:
ACNC registration and ongoing compliance planning
Board and committee governance support and governance uplift
Advice on Responsible Persons obligations and change notifications
Annual reporting preparedness, including the Annual Information Statement and related obligations
Related insight: Who are a Charity's 'Responsible Persons'?
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Deductible Gift Recipient (DGR) status can be critical to fundraising and philanthropic support, but eligibility and endorsement requirements can be technical. Organisations must meet the requirements of the relevant DGR category and satisfy any applicable registration, governing document and ongoing compliance obligations.
We assist with:
DGR eligibility, endorsement strategy and application support
Structuring and governance for public funds and ancillary funds
Drafting and updating governing documents to support endorsement requirements
Ongoing compliance considerations for DGR-endorsed entities and gift funds
Bequests, charitable giving and philanthropic structures
Our team regularly advises on charity establishment, growth and expansion opportunities. View Paul Gray's profile.
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Charities and not-for-profits often operate through complex funding and contracting arrangements, including government grants, sponsorships, service delivery agreements and procurement or tendering processes.
We advise on:
Grant agreements and funding deeds, including milestone, reporting and termination risk
Sponsorships, partnerships and memoranda of understanding
Tendering, procurement frameworks, probity and contracts
General commercial contracting and risk allocation
For related capabilities, see Local Government and Commercial Law.
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People risk is a significant issue for the sector, particularly where organisations rely on a mixed workforce of employees, contractors and volunteers. We advise on:
Employment contracts, policies and workplace investigations
Occupational health and safety compliance and risk
Contractor and labour-hire arrangements
Volunteer arrangements, duty of care and workplace policies
Board and management support for serious incidents and disputes
Learn more: Employment Law and OHS.
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Not-for-profits increasingly operate as digital service providers, handling sensitive personal information and delivering services through platforms and third-party vendors. We advise on:
Privacy compliance and privacy-by-design governance
Data breach response planning and incident management
Technology procurement and ICT contracting
Intellectual property, branding, content and licensing issues
Learn more: Technology and Digital Economy and Do I need to comply with the Privacy Act?
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Organisations providing disability services must manage sector-specific regulatory, contractual and service delivery risks. We advise on NDIS-related contracts, governance, compliance settings, funding arrangements and the management of operational risk.
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When issues escalate, including member disputes, governance breakdowns, contract disputes, regulator engagement or reputational risk, early legal strategy can materially improve outcomes.
Learn more: Dispute Resolution and Litigation.
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We also support charities and donors on charitable giving and bequests, including:
Bequest wording and enforceability
Estate administration and contested estate issues relevant to charities
Gift acceptance and philanthropic arrangements
Learn more: Wills and Estates.
Why Harwood Andrews
Our not-for-profit and charity clients value our ability to bring together specialist legal knowledge and deliver responsive, practical advice. We understand the need to balance compliance obligations with mission delivery, funding constraints and stakeholder expectations.
Paul Gray acts for government and private clients and has specialist industry experience in technology and the digital economy, waste and the circular economy, asset maintenance, tendering and procurement. Paul also regularly advises large charities and not-for-profits on establishment, growth and expansion opportunities, including complex commercial arrangements and government-facing projects.
Many of our lawyers are personally involved in not-for-profit and charitable organisations, providing practical insight into the operational and governance challenges faced by the sector. Learn more about our Pro Bono program.
Experience across the sector
We advise organisations operating across health, education, disability services, aged care, sport, culture, the environment, welfare, international aid and community services. Our advice is practical and outcomes-focused, helping organisations manage risk without adding unnecessary process or cost.
Some of the charitable and not-for-profit bodies we have helped:
Not-for-profit and charity FAQs
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The ACNC Governance Standards are core requirements imposed on registered charities that help ensure registered charities remain charitable, operate lawfully and are run in an accountable and responsible way. They support public trust and confidence in charities.
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A Responsible Person is someone responsible for governing a charity, generally a board or committee member or a trustee. The roles captured depend on the organisation's legal structure. For a practical breakdown, see our article Who are a Charity's 'Responsible Persons'?
Related insight: Who are a Charity's 'Responsible Persons'?
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Registered charities must notify the ACNC of certain changes within the applicable timeframe. The timeframe depends on the charity's size and the type of change. Prompt internal processes for recording appointments, resignations and changed details can help organisations meet their obligations.
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DGR status allows donors to claim tax deductions for eligible gifts to an endorsed organisation or fund. This can support fundraising and philanthropic giving. Eligibility depends on the organisation's purpose, activities, structure, governing documents and the requirements of the relevant DGR category. Not all charities and not-for-profits are eligible for DGR status.
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No. ACNC registration is for organisations that meet the legal definition of a charity and seek charity registration. Other not-for-profits may operate under different structures and regulatory settings, depending on their objectives and activities.
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Often yes, but the change should be carefully planned. Changes to structure, governing documents, activities or asset flows can affect charity registration, tax concessions, DGR endorsement, funding arrangements and contracts. Early advice can help manage regulatory requirements and reduce disruption.
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Registered charities generally need to submit an Annual Information Statement for each reporting period. Depending on their size and circumstances, they may also need to lodge financial reports and meet additional review or audit requirements.
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Charities that handle sensitive information should prioritise clear data governance, privacy-compliant collection and use, secure vendor arrangements and a practical data breach response plan. The right approach will depend on the organisation's activities, systems and applicable privacy obligations.
