Third Dimension Issue 31 Summer Edition 2025

Welcome to Mills Oakley's 31st Issue of Third Dimension, our free legal newsletter for charities, not-for-profits, and community groups. 
November 25 2025

We hope you will find it useful and informative for keeping up to date with recent news, cases and legislative changes in the charity and not-for-profit sector.

Our latest issue in full can be accessed here.


ACNC Updates Public Benevolent Institution (PBI) Interpretation Statement: What Charities Need to Know

By Alison Cross, Senior Associate

The Australian Charities and Not-for-profits Commission has published an updated version of its PBI Commissioner’s Interpretation Statement, which took effect on 29 September 2025. The update follows significant consultation with the charity sector, legal professionals, and other advisers.

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By Claire Boardman, Law Graduate

The Queensland Parliament passed the Child Safe Organisations Act 2024 on 19 September 2024. Entities should urgently seek advice as to whether their current implementation of the standards meets the requirements of the Act and seek advice on how to comply with the law.

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By Luke Borgert, Associate

Following Bird v DP (a Pseudonym), the Standing Council of Attorneys-General is reviewing impacts and potential reforms as jurisdictions assess legislative responses to the High Court’s narrowing of vicarious liability.

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Long-awaited decision on PresCare arrives… 

By Elizabeth Shalders, Special Counsel

When the Presbyterian Church of Queensland went into receivership in May 2020, it was a shock. Now, case law is emerging which grapples with some difficult questions that commonly arise in religious contexts. The latest decision in this sorry tale was handed down by the Supreme Court of Queensland on 3 October 2025.

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Supreme Court of New South Wales guidance on operation of a school by religious entities

By Hudson Digby, Senior Associate

WJT v Trustees of the Marist Brothers; WXC3 v Trustees of the Marist Brothers; GAC v Trustees of the Marist Brothers will be of interest to many religious institutions that supplied their members to schools as teachers, and where the liability for the actions of those members, or for abuse within such a school, is legally complex.

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