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Third Dimension Issue 33 Winter Edition 2026

Welcome to Mills Oakley's 33rd Issue of Third Dimension, our free legal newsletter for charities, not-for-profits, and community groups. 

September 2 2026

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.

AI is a Board Issue

By Valentyna Jurkiw, Special Counsel and Vera Visevic, Partner

AI is a governance issue for the entire organisation, not just the IT department.

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By Jessica Wills, Senior Associate and Vera Visevic, Partner

Ancillary funds, unique giving structures originating under the Howard Government, serve a critical role in Australia’s philanthropic ecosystem.

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By Eden Inglis, Graduate, and Sonya Parsons, Partner

Maintaining procedural fairness in administrative decision making can be challenging, particularly where decisions often adversely affect an individual’s rights, interests or professional standing. The recent decision of the Supreme Court of New South Wales in Albaf v NSW Education Standards Authority sheds light on the obligations of institutions to exercise any decision-making power in accordance with the principles of procedural fairness.

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The Christian Brothers: A Canary in the Coal Mine for Australia’s Purpose-Driven Institutions?

By Riley Huntley, Associate and Luke Geary, Partner

Recent developments concerning the Trustees of the Christian Brothers (the Christian Brothers) have brought into sharp focus an issue that has been building for many years: the expanding scope of institutional liability for historical child abuse claims, and the increasing financial pressure this places on charities, religious organisations and other purpose-driven institutions.

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A Tort of Privacy – A First in Australia

By Luke Geary, Partner, Luke Borgert, Senior Associate & Samantha Bond, Graduate

On 10 June 2025, the Privacy and Other Legislation Amendment Act 2024 (Cth) introduced a statutory tort for serious invasions of privacy into Schedule 2 of the Privacy Act 1988.

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