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