NSWCCL endorses the draft recommendations of the Commission which will bring reforms to the Deductible Gift Recipient (DGR) system, making it more transparent, simpler, fairer and more consistent. The current DGR system is complex legislation and operates under outdated categories that do not capture the diversity of modern Australian charities. In our submission we comment specifically on areas that require further action to ensure a more democratic process and that align more consistently with civil rights. Our submission also concentrates on the system that determines which entities in Australia can receive tax deductable donations rather than tax incentives encouraging donation.
NSWCCL has concerns with some of the current role, functions and powers of the Australian Charities Not-for-profit Commission.The Australian Charities and Not-for-profits Commission is the national regulator of charities. It registers and regulates Australia’s charities. The Albanese government has committed to engaging with the sector with respect and creativity, and work to fix fundraising, increase charitable giving and build a stronger charitable sector.
NSWCCL has not applied to be registered with the ACNC. NSWCCL is an organisation concerned with the protection of civil liberties from the encroachment of bureaucracies exceeding their roles. It has not registered with the ACNC because it is ideologically opposed to the regulation of charitable organisations affecting the ability to freely engage in advocacy without adequately protecting the freedom of political communication.
NSWCCL considers that the regulation, including regulations introduced in 2022 (summary offence relating to real property or personal property and an entities resources) should be repealed or substantially redrafted. “Governance standard 3 is not appropriate as a governance standard. Registered entities must comply with all applicable laws. It is not the function of the ACNC to force registered entities to enquire whether they may or may not have committed an offence (unrelated to the ACNC’s regulatory obligations), advise the Commissioner of that offence and for the ACNC to advise the relevant authority regarding the offence.”
Our full submission will be available when published by the Productivity Commission.
