Governing Not-for-Profit Organisations

Subject 730-822 (2008)

Note: This is an archived Handbook entry from 2008. Search for this in the current handbook Search for this in the current handbook

Credit Points: 12.500
Level: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2008:

Semester 1, - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidate's background and experience.
Prerequisites: Prerequisites

Some background in basic principles of corporations law and taxation law desirable
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Ms Shelley Marshall, Ms Susan Woodward
Subject Overview:

Objectives:

A candidate who has successfully completed the subject should:

  • Have a sound understanding of the existing regulatory framework for not-for-profit organisations, including associations, corporate, trust and tax laws, and how this framework both differs from and overlaps with business organisations
  • Have a good understanding of the role and diversity of the not-for-profit sector as a third sector in the Australian economy
  • Have an appreciation of unique challenges facing those who govern notfor- profit organisations, compared with for-profit organisations
  • Have a good understanding of the regulatory challenges of this diverse sector, including the policy elements of a regulatory environment that might be conducive to an accountable and healthy not-for-profit sector.

Syllabus:

Principal topics will include:

  • Definitional complexity concerning not-for-profit organisations, including charities and PBI
  • Sector composition: Size, purpose, diversity
  • Range of available legal structures: Why each legal structure is used and what the consequences of choosing a particular structure are
  • Overview of regulatory theory underpinning the design of not-for-profit organisations
  • Governance issues: Directors duties, contrast with for-profit context
  • Overview of the taxation rules for not-for-profit organisations
  • An overview of the current State and national regulatory framework in the context of key policy objectives and major inquiries (1995, 2001)
  • Future reform direction drawing on overseas models.
Assessment:
  • Class presentation (20%)
  • Take-home examination (80%) (18-21 July)
    or
  • Research paper 8,000 words (80%) (28 August) (topic approved by subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 730-822Governing Not-for-Profit OrganisationsMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2008

Objectives:

A candidate who has successfully completed the subject should:

  • Have a sound understanding of the existing regulatory framework for not-for-profit organisations, including associations, corporate, trust and tax laws, and how this framework both differs from and overlaps with business organisations
  • Have a good understanding of the role and diversity of the not-for-profit sector as a third sector in the Australian economy
  • Have an appreciation of unique challenges facing those who govern notfor- profit organisations, compared with for-profit organisations
  • Have a good understanding of the regulatory challenges of this diverse sector, including the policy elements of a regulatory environment that might be conducive to an accountable and healthy not-for-profit sector.

Syllabus:

Principal topics will include:

  • Definitional complexity concerning not-for-profit organisations, including charities and PBI
  • Sector composition: Size, purpose, diversity
  • Range of available legal structures: Why each legal structure is used and what the consequences of choosing a particular structure are
  • Overview of regulatory theory underpinning the design of not-for-profit organisations
  • Governance issues: Directors duties, contrast with for-profit context
  • Overview of the taxation rules for not-for-profit organisations
  • An overview of the current State and national regulatory framework in the context of key policy objectives and major inquiries (1995, 2001)
  • Future reform direction drawing on overseas models.
  • Class presentation (20%)
  • Take-home examination (80%) (18-21 July)
    or
  • Research paper 8,000 words (80%) (28 August) (topic approved by subject coordinator)
Prerequisites

Some background in basic principles of corporations law and taxation law desirable

N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidate's background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Ms Shelley Marshall, Ms Susan WoodwardLawFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730822P12.500Semester 1NLawLaw730-822

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