Community & Associations Newsletter – July 2016
Published on July 28, 2016 by Josephine Heesh
Welcome to the July 2016 edition of our Community & Associations Newsletter
This month we have been recovering from our busy end of financial year commitments, but have still had time to watch both local and global developments that are of interest to our newsletter readers.
In this edition our team provides:
- An update on the work of ACNC.
- An insight on why NSW lawmakers might be looking towards post-Brexit Britain for guidance on banning Hate Speech.
- A report on the UK Government’s recent crackdown on “illegal schools”.
- Some good news on (and pictures from!) this year’s NAIDOC Week celebrations.
The Carroll & O’Dea Community & Associations Team
ACNC July Update
Charity Defaulters
ACNC recently announced that the registrations of 149 charities would be revoked. The ACNC revoked the registrations on the basis of the failure of the charities to lodge their Annual Information Statements for two or more years in a row.
The revocations followed several contact attempts and a public notice issued by the ACNC providing a list of 1,700 charities facing deregistration. Further deregistrations are likely, or other action by ACNC, which could include penalties.
All charities must lodge an Annual Information Statement (AIS) with ACNC. Unless a charity is a Basic Religious Charity or an Aboriginal and Torres Strait Islander Corporation, the AIS requires the answering of some basic financial questions. Medium charities (with annual incomes of over $250,000) and large charities (with an annual income of over $1 million) must also submit a financial report to the ACNC.
Ministerial Continuity
The recently elected Turnbull Government has confirmed the reappointment of Christian Porter and Kelly O’Dwyer as ministers responsible for ACNC. Prior to the election Minister O’Dwyer announced that the Government had decided “to retain” the ACNC. Minister O’Dwyer continued, “The Government will continue to work with the ACNC, states and territories and the sector to identify areas where we can reduce the burden of red tape for charities and not-for-profit organisations.” The Sector should welcome this continuing commitment.
ACNC presses on with its aim to secure harmonisation with state regulators. South Australia and Tasmania have now passed legislation switching off their regulatory powers where any of their incorporated associations are already reporting to ACNC. Hopefully other states and territories will be encouraged to follow suit.
ACNC on the Road Again
After the success of several shop front information sessions “Ask ACNC” held during 2014, ACNC officers will shortly be out and about again. Please take advantage of the opportunity to attend a live session in your town or city, and go armed with any questions you may have. The officers are committed to the ongoing role of ACNC as an educator in the Charity sector and these direct community presentations are an important tool for this task. See link here to register.
Josephine Heesh, Partner
Merryn Lynch, Solicitor
The sharp rise in racist taunts and racial vilification in the UK following the Brexit referendum has added a vivid perspective to the debate of a Bill before New South Wales Parliament in relation to making “hate speech” unlawful in NSW.
In May this year the UK Office for Standards in Education, Children’s Services and Skills (“the Standards Office”) announced that their inspectors had found 100 schools operating within the UK that had not been registered with the Government. Reportedly, a third of these illegal schools were Islamic and a sixth were Christian or Jewish. Shadow Secretary, Lucy Powell, claims that children in “illegal, unregistered schools” are at the risk of being exposed “to harm, exploitation, or the influences of extremist ideology”.
Good News Story: NAIDOC Week 2016
In the week 3 to 10 July, events were held across the nation to observe NAIDOC Week. NAIDOC Week (an abbreviation for National Aborigines and Islanders Day Observance Committee) is a yearly event held to bring attention to Aboriginal and Torres Strait Islander culture and history and the contributions that indigenous people make to Australia, whilst highlighting the experience of indigenous people.
