LAWS5813 Legal Issues for Not-for-Profit Entities

Credit
6 points
Offering
(see Timetable)

If this unit does not have an online alternative, then students who are presently unable to enter Western Australia and whose studies would be delayed by an inability to complete this unit, should contact the unit coordinator (details given on this page) to ascertain, on an individual case-by-case basis, if alternate arrangements can be made to support their study in this unit.

AvailabilityLocationMode
Non-standard teaching periodUWA (Perth)Face to face Predominantly face-to-face. On campus attendance required to complete this unit. May have accompanying resources online.
Content
This unit involves the study of the nature, function, governance and regulation of not-for-profit (NFP) entities in Australia. The unit approaches these issues on a life-cycle basis, examining aspects of formation, governance, tax and fundraising concessions, regulatory requirements and dissolution restrictions applicable to not-for-profit entities under statute and the common law. Students engage with current research, comparative perspectives and recent developments in the law to critique the extent to which the current framework for not-for-profit entities encourages innovative, independent and efficient processes and activities for the public benefit, whilst also ensuring the accountability and integrity of the not-for-profit sector.
Outcomes
Students are able to (1) critically analyse the role of NFP entities in contrast to the government and for-profit sectors; (2) recognise their professional obligations to pro bono NFP clients and evaluate how these would be balanced against obligations to other clients; (3) use effective organisational skills and autonomy for their research project; (4) develop clear, concise and persuasive legal arguments; (5) critically analyse cases and legislation in order to advise on hypothetical NFP law problems and in evaluating solutions to contemporary NFP law issues; (6) assess the extent to which the current framework for NFP entities encourages innovative, independent and efficient processes and activities for the public benefit, while also ensuring the accountability and integrity of the NFP sector; (7) use effective organisational skills and autonomy for their research project; and (8) develop clear, concise and persuasive legal arguments.
Assessment
Indicative assessments in this unit are as follows: (1) major research paper and (2) examination. Further information is available in the unit outline.

Supplementary assessment is not available in this unit except in the case of a Juris Doctor student who has obtained a mark of 45 to 49 and is currently enrolled in this unit, and it is the only remaining unit that the student must pass in order to complete their course
Unit Coordinator(s)
Ian Murray
Unit rules
Prerequisites:
for Juris Doctor (JD) students: LAWS4101 Foundations of Law and Lawyering and 30 points from: LAWS4102 Criminal Law, LAWS4103 Contract, LAWS4104 Property, LAWS4106 Torts, LAWS4107 Land Law, LAWS4108 Foundations of Public Law, LAWS5106 Legal Theory and Ethics or LAWS4109 Legal Theory and Ethics); for all other studentsLAWS4103 Contract (formerly LAWS5103 Contract) or equivalent Bachelor of Law unit
Advisable prior study:
LAWS5103 Equity and Trusts and LAWS5104 Corporations Law (or LLB equivalents)
Contact hours
Students must attend every day of the intensive period 7-10 September. Refer to the timetable website for further information.
  • The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
  • All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
  • Unit readings, including any essential textbooks, are listed in the unit outline for each unit, one week prior the commencement of study. The unit outline will be available via the LMS and the UWA Handbook one week prior the commencement of study. Reading lists and essential textbooks are subject to change each semester. Information on essential textbooks will also be made available on the Essential Textbooks. This website is updated regularly in the lead up to semester so content may change. It is recommended that students purchase essential textbooks for convenience due to the frequency with which they will be required during the unit. A limited number of textbooks will be made available from the Library in print and will also be made available online wherever possible. Essential textbooks can be purchased from the commercial vendors to secure the best deal. The Student Guild can provide assistance on where to purchase books if required. Books can be purchased second hand at the Guild Secondhand bookshop (second floor, Guild Village), which is located on campus.