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Full-Text Articles in Law
Is It A Not-For-Profit Organisation Or A For-Profit Organisation? The Case For A Cic Structure In Australia, Kim Weinert
Is It A Not-For-Profit Organisation Or A For-Profit Organisation? The Case For A Cic Structure In Australia, Kim Weinert
Kim Weinert
Australia’s not-for-profit sector has fundamentally changed. The sector was once informally organised and unconstrained by the exigencies of commercial and government pressures; at its core there was a strong sense of affection. However, in recent times the sector has exploded to become first a highly organised, competitive space and subsequently a significant economic contributor. Participants in this sector are now de facto organisational structures which function and behave as an extension of the government or as a for-profit company. These changes in behaviour raise questions: are Australia’s traditional not-for-profit structures out-dated, and is there a need to introduce a hybrid …
Legal Duties As Part Of The Governance Framework For Incorporated Associations: A Comparative Analysis, Kim Weinert
Legal Duties As Part Of The Governance Framework For Incorporated Associations: A Comparative Analysis, Kim Weinert
Kim Weinert
Incorporated associations are founded by, and subsequently operate exclusively on, the collective action of individuals, which is largely voluntary and motivated by altruistic goals. This article will examine through doctrinal analysis the statutory duties and common law obligations of an incorporated association. In examining these specific legal duties, this article will reveal the lack of consistency across Australian jurisdictions, and gaps in how the law regulates the conduct of committee members within an incorporated association. Furthermore, this article will consider whether an officer of an incorporated and unincorporated association is a fiduciary — and, if this is so, whether this …
Altruism. Lights, Camera, Action!, Kim Weinert
Altruism. Lights, Camera, Action!, Kim Weinert
Kim Weinert
The libertine character Douglas Reynholm in the UK television show the IT Crowd truthfully remarks, ‘I am sad to say that the only secure route to a Knighthood, in this sorry age, is via charity work’ (The IT Crowd, ‘Calendar Geeks’ Episode 6, Series 3). If self-interest is the motive to become involved in charity work, does that make Douglas Reynholm and other people like him, good or bad? Intuitively the answer to this question is in the negative. However, under the ethical egoism theory a positive answer is justifiable. The starting point of this paper is to first define …
Is There A Perfect Environment For A Villain And Villainess To Thrive?, Kim Weinert
Is There A Perfect Environment For A Villain And Villainess To Thrive?, Kim Weinert
Kim Weinert
Any form of a non-profit organisation possesses universal characteristics that differentiate them from being a household, a corporate or a government agency. The fundamental characteristic of non-profit organisations, which delineates them from other types of organisations, is the undercurrent of trust and altruism from the individuals in control, who achieve the organisation's charitable aims and for those individuals not to gain any personal benefits along the way. In many instances, however, the notion of charity takes a back seat to obtaining a personal benefit. The practice of opportunistic management and abusing a position of trust by individual/s within a non-profit …