Community Law

Grant Reynolds,

May 31, 2022

Foye Legal offers legal expertise for charities and not-for-profits Service offering supports organisations in fulfilling their purpose without slipping up on paperwork.

Australia’s not-for-profit sector plays a significant role in supporting an equitable and sustainable society. Time and again, not-for-profit organisations rise to the challenge in times of crisis and fill the gaps in services the government and private sector don’t or can’t provide.

Yet, many fail or struggle to reach their potential, not due to lack of vision or attracting talent, but because they don’t pay enough attention to good governance. Getting the structure and procedures in place early on provides the framework for sustainability and growth.

With the addition of sector-specific legal expertise, Wollongong law firm Foye wants to help change this and support a growing and thriving charity and not-for-profit sector in the Illawarra.

Newly appointed Special Counsel Terri Anderson, who leads Foye Legal’s Commercial, Property, Estate

Planning Division, will be drawing on her vast experience in the not-for-profit sector to support organisations with the

With more than10 years of experience in the not-for-profit sector, including seven years as a not-forprofit in-house counsel, Ms Anderson can provide clients with an invaluable combination of practical experience and legal expertise.

“Throughout COVID-19 and the natural disasters over the past three years, Australians have become acutely aware of the vital role not-for-profits and charities serve,”

Ms Anderson said.

“They make a massive impact in all aspects of our lives with services and support in health, social services, education, research, sport and recreation, arts and culture, environment, community development, animal welfare, human rights, religious practices, employment and training, housing, ageing, childcare, disability, law, and advocacy”.

“Yet, while they have passion in abundance, many are held back or don’t fulfil their vision because they overlook the organisational requirements and capabilities. Either because they don’t have the expertise, or because they’re so focused on making an impact, governance matters are not prioritised.”

Charities, not-for-profits, philanthropic organisations all require a legal structure and governance processes that comply with the Australian Charities and Not-for-profits Commission, which regulates the sector.

Research from consulting firm McKinsey in a 2021 report states that 1.38 million people are employed in Australia’s not-for-profit sector, contributing an estimated $129 billion a year to the economy.

Ms Anderson said that a renewed focus on preventing financial mismanagement means governments have tightened regulatory procedures and, in the process, amplified the legal complexities in the notfor- profit sector.

“Good governance is essential for any organisation, but it is especially important for charities and notfor- profit organisations,” she said. “These organisations rely on public trust and support to function, and good governance helps ensure that they are transparent and accountable to their donors and beneficiaries.”

"These organisations rely on public trust and support to function, and good governance helps ensure that they are transparent and accountable to their donors and beneficiaries."

Foye Legal offers support across various legal matters for not-for-profits, including navigating the complex web of compliance procedures, allowing the organisation to focus on achieving its purpose.

“Complying with complex laws can be daunting,” Ms Anderson said. “That’s why we provide timely and appropriate legal support – to help community organisations make sense of the law, stay legally compliant, and achieve good governance.”

With growing awareness of philanthropic opportunities and a desire for many local businesses to want to give back, when selecting a NFP or charity to align with Ms Anderson advises first consider supporting charities or not-for-profits that align strongly with their values, are effectively governed, and are exceptionally led.

“There are many ways a business owner can leave a legacy or make a difference through philanthropy. This can range from donating to causes that match your passion and values to developing a philanthropy strategy that suits your needs and supports the impact you’d like to have. The first step, however, is a governance check.”

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