Governance

We provide expert guidance on directors’ responsibilities under the Corporations Act 2001 (Cth) and applicable state legislation. Our services include:

• Assessing Director and Shadow Director Status

• Advising on the Practical Implications of the Duty of Care and Diligence

• Personal Liability of Directors

• Duty to Act in Good Faith and in the Best Interests of the Organisation by supporting ethical decision-making and compliance with fiduciary responsibilities.

• Managing Conflicts of Interest
  Advising on disclosure obligations, governance processes, and risk mitigation strategies.

We help boards proactively manage governance risks through:

• Board evaluations and governance reviews

• Legal risk mapping.

• Policy development and training

• Support during regulatory investigations or disputes.

• Whistleblower protections and investigations.

• Responding to regulatory inquiries or complaints.

• We have experience with integrity agencies, including the Independent Broad Based Anti-Corruption Sommiccison and the Victorian Ombudsman.

We advise on the recruitment, management, and termination of senior executive employees, including:

• Executive contracts and performance management.

• Board remuneration.

• Board-level codes of conduct.

• Managing disputes and reputational risk between executive members.

• Liability under workplace regulations applying in the for-profit and non-profit sectors under the Fair Work Act 2009 (Cth), Health and Safety Laws and Equal Opportunity Laws.

We advise member-based organisations on:

• Legal status and liability for the actions of employees, members, and visitors.

• Drafting and updating rules of the association, in compliance with the Australian Charities and Not-for-Profit Commission.

• Governance structures and dispute resolution.

We support organisations engaged in advocacy or political activities with:

• Electoral law compliance under the Commonwealth Electoral Act 1918 and Electoral Act 2002 (Vic).

• Donation and funding transparency

• Registration and reporting obligations under the Fundraising Act 1998 (Vic).

• Risk management for political engagement.

We assist charities, incorporated associations, and other not-for-profit bodies to comply with the Australian Charities and Not-for-profits Commission Act 2012 (Cth) and the Associations Incorporation Reform Act 2012 (Vic) and other relevant legislation. We can also assist with:

• Constitution and governance framework reviews

• Board inductions

• Strategic governance

• Risk mitigation

  Member voting rights and dispute resolution.