Regulatory Uncertainty

The Australian Charities and Not-for-profits Commission (ACNC) commenced operation in December 2012 as the national regulatory body for charitable entities. Its purpose was to reduce red tape for charities, improve transparency and accountability, and promote a robust and vibrant not-for-profit sector. Prior to registration with the ACNC, charities were required to demonstrate compliance with the ACNC Governance Standards which were released on 1 July 2013. These Standards were designed to promote public trust and confidence in Australian charities.

One of the major achievements of the ACNC has been the establishment of a searchable electronic Charity Register which is freely available to the public. It is a reflection of the sector’s support and their commitment to transparency and public accountability that the governing documents and operational information of more than 20,000 charities have now been published on the ACNC’s Charity Register. 

On 19 March 2014, Minister Andrews presented to the House of Representatives a Bill to repeal the Australian Charities and Not-for-profits Commission Act 2012 (Cth). Should this Bill be passed, it will not take effect until the enactment of a second Bill which would detail the regulatory arrangements for replacement of the ACNC. The future status of the ACNC is therefore uncertain, despite its achievements and the support it has garnered from the sector.

Charitable entities across the nation are therefore left wondering what regulatory burdens and red tape they may have to face should the repeal of the ACNC come into effect. The public, upon whose financial support so many charities depend, is also left wondering what will replace the ACNC Charity Register, which provides them with assurance of the quality and transparency of registered charities.


All stakeholders are advised to maintain contact with the ACNC, which is providing regular legislative updates through their website: www.acnc.gov.au