NFP Update: Seminar: Provision of housing by charities: the ACNC Commissioner’s Interpretation Statement and other news

Mark Fowler
Mark Fowler (20 May 2015 – Updated 1 June 2015)

In this update:

  • Seminar Invitation: Provision of housing by charities: the ACNC Commissioner’s Interpretation Statement (24 June 2015);
  • State Library of Queensland NDIS Exhibition Event; and
  • 1 July 2015 Deadline Reminder for Trustees of Public Ancillary Funds.

Seminar Invitation

You are invited to a Neumann & Turnour Lawyers legal information seminar entitled “Provision of housing by charities: the ACNC Commissioner’s Interpretation Statement” to be held on Wednesday, 24 June 2015.

In the seminar Mark Fowler will discuss the Commissioner’s Interpretation Statement on the Provision of Housing by Charities 2014/02 (CIS) and the following topics:

  1. What led the ACNC to consider the need for a CIS on housing;
  2. What the CIS can be used for;
  3. Traditional understandings as to when you can provide housing for a charitable purpose, for example, relief of poverty, sickness, aged, disabilities;
  4. Whether housing can be provided in furtherance of other relevant charitable purposes such as human rights, provision of housing to key workers, or providing a better mix of housing tenures facilitating stable, mixed-income communities;
  5. The provision of housing for the relief of poverty;
  6. What the undertaking of purely commercial activities means for the charitable status of housing providers; and
  7. Winding up clauses and relationships with State or Territory Government Housing Schemes.

Details of the event are as follows:

       When: 24 June 2015 from 12:30pm to 2pm.
       Where: Boardroom, Neumann & Turnour Lawyers, Level 1, 95 North Quay, Brisbane 4000.

A complimentary light lunch will be provided.

To RSVP contact us or call Jeanne or Bree on (07) 3837 3600 by Monday 22 June 2015. Places are limited.

More Information about the CIS

The Interpretation Statement provides a helpful (though arguably not exhaustive) insight into the key principles to be applied by the Commissioner when assessing the purported charitable status of housing providers. As described by the Commissioner, the main issues addressed in the Interpretation Statement are:

  • What charitable purposes may be fulfilled through the provision of housing?
  • To whom can charitable housing be provided?
  • What kinds of housing can be provided as charitable?
  • How does commercial activity fit with the provision of charitable housing?
  • What kind of interaction can occur between Government and charitable housing providers?

State Library of Queensland NDIS Exhibition Event

The State Library of Queensland are holding an exhibition entitled Whole of Life: Whole of Use in the Asia Pacific Design Library at Stanley Place, South Brisbane 4101.

The exhibition looks at submissions for a student national design competition, incorporating the National Disability Insurance Scheme (NDIS) reforms.

Whole of Life: Whole of Use aims to provide new solutions for affordable housing for people living with disabilities. The concept of sustainable living, rather than sustainable housing is the focus of the winning designs. Support and engagement for the competition was provided by government, developers, designers and the not for profit sector.

The exhibit will run until June 1.

ATO Reminder

The Australian taxation Office (ATO) has issued a reminder to trustees of public ancillary funds. The ATO notes the transitional period for such trustees to amend their fund’s governing rules to comply with the Public ancillary fund guidelines closes on 1 July 2015. If you require assistance in amending your governing rules please contact us.