Review of Australian Charities and Not-for-Profits Commission Legislation
The submission to the Treasury in relation to the Review of Australian Charities and Not-for-Profits Commission Legislation was prepared by the Charities and Not for Profit Committee of the Legal Practice Section, Law Council of Australia.
The Committee is comprised of lawyers and academics with specific expertise in the area of the law of charity. This submission is informed in part by the practical experience of its members in dealing with the ACNC and the legislation that governs it, on behalf of Not-for-profit (NFP) clients. It contains a number of suggestions to strengthen and enhance the effectiveness of the ACNC legislation.
At the outset, the Committee wishes to make some general comments about the ACNC. It acknowledges and affirms the success of the ACNC in its first five years, and in particular, acknowledges the following achievements:
- The development and publication of user-friendly educational material for charities.
- Its success and ongoing efforts to reduce red tape, particularly by working with State Government regulators in the areas of incorporated associations and fundraising.
- The establishment of a freely available public register and the work it has commenced in ensuring it is up to date and accurate.
- Making its staff accessible and available, including at senior levels through the Professional User Group and Sector User Group.
- The development of Commissioner Interpretation Statements and the process of consultation adopted in their development.
- Its regulatory approach, emphasising education and rectification as the first step.
- Its ongoing efforts to understand the NFP Sector and develop its role as a specialist regulator.
- Establishing a principally web-based modus operandi with charity portal and charity passport.
You can read the full submission below.