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Media Release: New charity legislation to be enacted at last – a great outcome!

Media Release: New charity legislation to be enacted at last - a great outcome!

David Crosbie, CEO of the Community Council for Australia has welcomed the decision by the Australian Senate to support implementation of the new definition of charity; ‘today’s outcome is a victory for common sense that will benefit charities across Australia now and into the future. The charities sector welcomes the support of the Australian Senate.’

The government’s Bill seeking to delay the start date of the new charities legislation has not passed the Senate. The new definition of charity legislated six months ago will now be implemented from 1/1/14.

Mr Crosbie previously described any proposed delay to implementation of the new definition of charity as ‘an unfortunate and unwelcome step backwards that will create uncertainty and mistrust… The charity sector needs clarity in charity legislation and stability for future planning. Any delay to this legislation jeopardizes both of these.’

When the Definition of Charities Bill was passed through parliament earlier this year Rev Tim Costello Chair of CCA and CEO of World Vision said; ‘at last we have a straight forward definition of charity that uses modern language and describes charities as they are now rather than as they were 400 years ago. This is a great step forward in providing certainty to the thousands of charities across Australia.’

On 18th of September 2000, Prime Minister Howard announced the establishment of the Charity Definition Inquiry (CDI) into definitional issues on the basis that; ‘we need to ensure that the legislative and administrative framework in which they operate is appropriate to the modern social and economic environment. Yet the common law definition of a charity, which is based on a legal concept dating back to1601, has resulted in a number of legal definitions and often gives rise to legal disputes.’

This Howard Inquiry found that reliance on case law caused confusion even among well-resourced charities on what was or was not charitable. Since then, statutory definitions have been enacted in England and Wales, Scotland, Northern Ireland, New Zealand and Ireland.

In Australia there have been numerous consultations and the new legislation has attracted wide support from charity law experts and the charity sector. According to Mr Crosbie, the new Definition of Charities Bill achieves important goals including:
• Enshrining the High Court decision in Aid/Watch to ensure that charities can advocate changes to laws, policies and practices without jeopardising their charitable status, and
• Modernising current law to recognise charitable purposes including protection of human rights, the promotion of reconciliation and tolerance, Indigenous affairs, housing, disaster relief and advocacy.

Neither Mr Crosbie nor Rev Costello were aware of why the government had sought to delay implementation of the charities legislation, especially given the new definition enjoys widespread support.

Media Release: New charity legislation to be enacted at last – a great outcome! Read More »

Church lobby in win over charities watchdog

Church lobby in win over charities watchdog

Article by ROYCE MILLAR published front page of the Age and other Fairfax outlets September 01, 2013

If Tony Abbott is elected prime minister on Saturday he will abolish the watchdog established by Labor to keep an eye on the billions of dollars received and spent by Australian charities each year. Why?

The answer, in part at least, may be the lobbying power of church conservatives, the Catholic Church in particular, and the office of Sydney Cardinal George Pell, more particularly still.

And their focus has not been the Coalition alone. Labor insiders acknowledge the impact of Cardinal Pell’s office as it reduced the scope of its new national regulator, the Australian Charities and Not-for-Profits Commission.

Charity leaders, church heads and political insiders have told The Sunday Age about the lobbying campaign over charities regulation by the Sydney archdiocese, notably Cardinal Pell’s business manager and chief political envoy, Danny Casey.

The pressure applied by the Sydney church through the charities debate has raised the question of the access and sway it may enjoy under Australia’s first Catholic Liberal prime minister and his Catholic-strong frontbench that includes Kevin Andrews, Barnaby Joyce, Joe Hockey, Malcolm Turnbull (a convert), Andrew Robb and Christopher Pyne.

Labor senator Ursula Stephens has watched the campaigning over the commission at close quarters, including from her former position as parliamentary secretary for social inclusion, where she had responsibility for reform of charities regulation.

A proud Catholic, she confirms heavy lobbying of both sides of politics, including by the national Catholic Bishops Conference and separately by the clearly more anti-regulation Sydney archdiocese.

She says she had ”absolutely” no doubt that Cardinal Pell’s representatives had had a big influence on opposition family and human services spokesman Kevin Andrews’ promise in mid-2012 to abolish the commission, well before Labor detailed its final, amended form in Parliament, a position he reiterated last week.

”I’m well aware that Sydney lobbied the opposition very hard on this issue, says Senator Stephens. ”They got to Kevin Andrews early.”

Across the Catholic Church is an array of views about the commission, and widespread concern about additional red tape and duplication in the early days of its operation.

Paul O’Callaghan, the head of Melbourne-based Catholic Social Services, says the major church welfare agencies support a single national regulator, but want it to be of ”lighter touch” in its work.

Another senior church figure contrasts this with the Sydney archdiocese’s breakaway lobbying, describing it as driven by ”fear and suspicion”. ”There are a few in the church, like Danny Casey, that are anti-commission, full stop.”

Over 20 years a string of commissions and committees has called for better regulation of Australia’s $43 billion charitable sector.

In 2010, the Productivity Commission slammed the regulation regime shared by the Australian Taxation Office, the Australian Securities and Investments Commission and the states as too complex, too costly, and too short on transparency.

Labor’s response was the new charities commission, which opened for business in January. It is meant to be a one-stop shop that keeps a register of charities – there are 60,000 large ones and 600,000 not-for-profit groups in all – helps them meet their obligations, and investigates them when they don’t.

Given the Liberals’ ideological commitment to the idea of small government, suspicion about a national regulator is arguably consistent with the Liberal philosophy.

Mr Andrews says Labor’s commission is an unnecessary level of bureaucracy established to hunt down ”mischief” it has never identified.

”We don’t believe that any real mischief was made out to justify a whole new bureaucracy. It is total overkill for what is required for the charities sector,” he says.

Yet charity sector leaders such as World Vision’s Tim Costello insist that, while the new commission has had teething problems, it is settling as an effective and efficient regulator of, and friend to, charities. ”The commission is actually working for us, and it gives the public confidence [in the spending of their donations],” he says.

A survey last month of 1500 not-for-profit groups by online not-for-profit information agency Pro Bono Australia found 80 per cent supported the commission.

And the Victorian and Tasmanian-based Churches of Christ Community Care has begun an online petition to save the commission, warning that the Coalition alternative would be ”an advisory body with no teeth”. That, say critics, appears to be the point.

Church lobby in win over charities watchdog Read More »

C20 Media Release: Constructive contributions to the G20

C20 Media Release: Constructive contributions to the G20, 1 August 2013

Media release issued 1/8/13 following the first meeting of the C20 steering group

Australian civil society representatives have met for the first time to discuss how best to contribute to high-level policy decisions at next year’s G20 Summit in Brisbane.

“The importance of sustainable economic growth as a means of reducing inequality must be front-of-mind for global economic decision-makers, because inequality not only impacts those most disadvantaged in society, it also stifles global productivity,” World Vision Australia CEO Tim Costello said.

Australia assumes the G20 presidency later this year and a Civil 20 (C20) Steering Committee has been appointed to co-ordinate civil society engagement with G20 leaders.

The 14-member committee – chaired by Mr Costello – will identify key policy positions of non-government sector voices in Australia to feed into the G20 Leaders’ Summit agenda.

The Committee met for the first time on Wednesday to develop a process for engagement between civil society and G20 leaders. 

The committee discussed how to constructively contribute to G20 policy to ensure the benefits of economic growth are shared equitably.

“In addition, we need to pay attention to who shares the burden when sacrifices need to be made,” Mr Costello said.

All C20 Steering Committee members agreed on the importance of transparency in the policy development process leading up to the November 2014 G20 Summit.

“The operation of the C20 Steering Committee will be an open, inclusive process,” Mr Costello said.

The meeting confirmed that World Vision Australia CEO Tim Costello and ACOSS CEO Cassandra Goldie will be Australia’s C20 delegates to the G20 Leaders’ meeting next month in Moscow.

“The C20 has an important role in including community voices in the G20 process, because it is those communities who are ultimately affected by G20 decisions,” Mr Costello said.

Media contact: Kris Gough – 0481 005 468 / kris.gough@worldvision.com.au

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ACT and SA Can Do It – Time for Others to Act!

Media Release: ACT and SA Can Do It - Time for Others to Act!

Today’s announcement that the Australian Capital Territory will join the South Australian government in exempting nationally registered charities from also having to register in the ACT has been warmly welcomed.  More charities are now questioning why other states are not offering the same level of support to charities when the case for change is so clear.  

Rev Tim Costello, Chair of CCA and CEO of World Vision said,‘after decades of discussion, it is very pleasing to see ACT and SA joining the Federal government in supporting real reforms for the charitable sector.  We want charities to be able to get on with what they do best, not get bogged down in unnecessary red tape.  The ACT commitment to freeing up charities is welcomed.

According to David Crosbie, CCA CEO,‘the charities sector employs more than one million Australians and turns over approximately $100 billion.  Despite its size and importance, this sector is drowning in a sea of pointless duplication and compliance, mostly imposed by well-meaning but misguided bureaucracies at both a Federal and State government level.  Today’s announcement is great for ACT charities, and SA is already on board, but what about the rest of Australia?’

Toby Hall, CCA Board Director and CEO of Mission Australia said, ‘it is great to see ACT adopting a common sense approach towards charity sector regulation, an approach all states and territories would be wise to follow. It will save time and money for both charities and governments.’

Dr Stephen Judd, CCA Board Director and CEO of Hammond Care said, ‘the Productivity Commission report into the charitable sector found unnecessary government compliance requirements are increasing, costing the sector millions of dollars in administration.  ACT is to be commended for helping reverse the trend so charities can focus more on their real purpose.’

Mr Crosbie said charities would like to see all governments adopting the same approach, ‘most governments talk about wanting to support the charitable sector, but these statements are often just decorative policy words rather than a commitment to real action.  The Federal, ACT and SA governments have backed up their rhetoric with action that will actually make a real difference to the sector.  Other governments need to get on board.’

The newly established Australian Charities and Not-for-profit Commission plans to introduce a ‘charities passport’ that establishes the bona fides of a charity.  Currently, if charities want to run a national fundraiser or seek a payroll exemption, they have to register separately with each State. 

  Contacts:     David Crosbie  0419 624 420

ACT and SA Can Do It – Time for Others to Act! Read More »

Remove Gag Clause Legislation Welcomed!

Media Release: Remove Gag Clause Legislation Welcomed!

Today the Finance Minister Penny Wong will introduce into the Senate a motion banning gag clauses in all Federal government contracts with the not-for-profit sector.

According to Rev Tim Costello, Chair of the Community Council for Australia (CCA) and CEO of World Vision, ‘this is a welcome move that acknowledges the important role of charities and not-for-profit organisations in our communities.  Civil society is at its best when the voice of the not-for-profit sector can be heard loud and clear.  The removal of gag clauses is a critical part of the reform process, and one charities and not-for-profits will strongly welcome.

Rev Costello was joined in his support for the measure by leaders across the not-for-profit sector.

 According to David Crosbie, CEO of CCA,‘it is indefensible to impose conditions on not-for-profit organisations that limit their capacity to pursue their work.  Not-for-profits must be able to advocate for improvements in our lives and our communities.  The removal of gag clauses from all Commonwealth contracts is one good measure of the relationship between governments and the not-for-profit sector.  It is a measure we would expect all governments and all political parties to endorse.  It is a measure of respect.’

Others to offer support included Toby Hall, CEO of Mission Australia; Dr Lisa O’Brien, CEO of the Smith Family; Jayne Meyer-Tucker, CEO of Good Beginnings; and Dr Stephen Judd, CEO of Hammond Care.  All these leaders emphasized the importance of an independent not-for-profit sector.

The not-for-profit sector currently employs around one million Australians and turns over almost $100 billion annually making it one of the most economically significant sectors in Australia.

The new legislation banning gag clauses reinforces core statements within the National Compact agreement signed by the Federal government and leading not-for-profit organisations.  It also highlights concerns about the introduction of gag clauses in Queensland. 

Mr Crosbie said, ‘CCA will always strongly reject politically motivated government contractual control over the independent operations of charities and not-for-profit organisations.’

Contact:    David Crosbie  0419 624 420

Remove Gag Clause Legislation Welcomed! Read More »

COAG Regulatory Impact Assessment Of Potential Duplication Of Governance & Reporting Standards

COAG Regulatory Impact Assessment Of Potential Duplication Of Governance & Reporting Standards

Introduction

This submission briefly outlines the Community Council for Australia (CCA) response to the COAG Regulatory Impact Assessment of potential duplication of governance and reporting standards for charities (RIA) consultation paper.

The CCA Board and members believe the issue of duplication in regulatory requirements for charities and more broadly for the not-for-profit (NFP) sector is a critical issue. 

It is important to note that this submission has been prepared through a process of consultation with the membership of CCA (see Attachment 1 list of CCA members) and other key organisations in the NFP sector.  This submission does not over-ride any positions outlined in individual submissions from CCA members. 

CCA commends the government and COAG officials for the process adopted in developing this consultation paper, including seeking input from the NFP sector and other interested groups.  

CCA is particularly pleased that the RIA consultation paper provides a clear set of options and encourages interested stakeholders to provide input.

Ideally, this initiative of reviewing duplication as it applies to charities will be expanded over time to become a more complete review of the broader regulatory and compliance burdens imposed all NFP entities.

CCA looks forward to ongoing discussion and input in relation to these important matters. 

COAG Regulatory Impact Assessment Of Potential Duplication Of Governance & Reporting Standards Read More »

Media Release: Appointment of Charity Champions Welcomed

Media Release: Appointment of Charity Champions Welcomed

Rev Tim Costello, CCA Chair and CEO of World Vision said ‘The Community Council for Australia welcomes the appointment of Mr David Crosbie to the new Australian Charities and Not-for-profit Commission Advisory Board.  Mr Crosbie is a respected leader in the not-for-profit sector and has proven to be a strong and capable advocate for the not-for-profit sector.  His appointment is a testimony both to his skills and experience, and to the important work of CCA’

Rev Costello also welcomed all the other appointments to what he described as ‘an important body that will provide advice to Australia’s new independent regulator for all Australian charities.’

Rev Costello was speaking following today’s announcement by Minister Mark Butler and Assistant Treasurer David Bradbury of the inaugural appointments to the ACNC Advisory Board.

Mr Crosbie said he felt privileged to be able to serve on the new ACNC Advisory Board, especially in this critical establishment phase.

‘This is an exciting and challenging time in changing the way governments do business with the not-for-profit sector.  Susan Pascoe, the ACNC Commissioner, Robert Fitzgerald, and the other members of the Advisory Board make up a formidable team.  It is a great honor to be chosen to work with them to serve the not-for-profit sector.  The challenge for all of us is to ensure the ACNC delivers real benefits to the broader not-for-profit sector,’said David Crosbie, the CEO of CCA.

Mr Crosbie pointed out that the charities and not-for-profit sector is critical, not only employing one million Australians and turning over more than $100 billion each year, but also providing the support that enables our communities to be strong and resilient even in tough times. 

Toby Hall, CEO of Mission Australia said; ‘if we are going to support our not-for-profit sector, we need to get the regulatory and taxation environment right.  This new ACNC Advisory Board must lead the way in ensuring there is less compliance and red tape imposed on the charities and the not-for-profit sector.  They are good people, but they face some real barriers from a broad range of regulators, including State and Federal bureaucracies.’

For more details on the members and role of the ACNC Advisory Board please see:  http://www.acnc.gov.au/ACNC/About_ACNC/Corporate_info/ACNC_advisory/ACNC/Edu/Advis_Board.aspx

Media Release: Appointment of Charity Champions Welcomed Read More »

The FBT discussion – what is the CCA position?

The FBT discussion – what is the CCA position?

In developing policy related to taxation concessions provided to the charities and not-for-profit sector, CCA has consistently adopted a longer term view of what might best serve the sector’s interests, both now and into the future.

It is worth noting that some very influential people, including Ken Henry and a number of senior government ministers have argued that what the sector should be striving for is appropriate terms and conditions for all employees.  The not-for-profit sector should not have to rely on tax concessions to recruit or retain staff.

While CCA agree with this approach in principle, it is clear that at present the sector does not provide employees with the level of financial rewards that are available in other sectors.  At least for the time being, some form of concession is required, particularly for lower paid employees across the sector.

Within this context, the questions we might ask about the future of the Fringe Benefit Tax concessions relate more to whether they are appropriately targeted and provide a good return on investment for the sector.  We need to ask whether the current cost of the FBT concession could be better directed supporting a different approach in providing a wage advantage to those employed in the charities and not-for-profit sector?

Any examination of the FBT concessions reveals that the benefits of the FBT concession have both eroded over time and increasingly favored the highest paid employees in the sector.  Advantages such as uncapped meals allowances and the capacity to claim multiple exemptions enable higher paid employees to gain significant pre-tax income that can be spent in restaurants, function centers and with travel agents.  These provisions clearly favor those with incomes above $150,000 much more than they do those earning less than $60,000.  A Victorian medical specialist working at three hospitals earning over $300,000 can claim three FBT concessions (over $50,000 tax free) and spend $100,000 of their income tax free on travel, meals and venue hire expenses.  This level of benefit is not available to lower paid employees.

The inequity in the FBT concessions makes it more difficult to justify, especially in comparison with some alternative approaches. 

It is for these reasons that CCA argued for further investigation of alternative models including the modeling of a straight income tax concession for all staff employed in charities.  If FBT was phased out and the personal income tax free threshold was increased by $15,000 for all charity employees, what would be the real costs and benefits?

CCA has supported the proposal to cap the meals allowance and to restrict multiple claiming of FBT exemptions, but it has also argued that all savings from these measures should be redirected to enable 15,000 smaller charities to gain Deductible Gift Recipient status.  This would mean most charities could receive tax deductible gifts from Trusts, Public and Private Ancillary Funds, high wealth individuals and the broader community.

The complexity of these issues has meant that at times the CCA position has been misrepresented in the media and in some associated discussions.  CCA has never argued there should be no tax concessions or that government should be clawing back money from the sector.  The CCA position is essentially that over time we need to better target our existing tax concessions.  It is this position that CCA put forward in our response to the Not-for-Profit Sector Tax Concessions Working Group Discussion Paper in December 2012.

You can access this submission on our website, and if you have any concerns or would like to talk through this issue in more details, we would welcome your feedback.  

The FBT discussion – what is the CCA position? Read More »

Media Release: Finally – charities given a voice

Media Release: Finally - charities given a voice

‘The new regulator for Australian charities represents a coming of age that will enable the whole sector to grow and change for the better. Well done to all those who have delivered this major reform,’ said Rev Tim Costello, Chair of Community Council for Australia (CCA); CEO of World Vision. 

After decades of discussion, numerous reports and recommendations, the Australian Charities and Not-for-profit Commission (ACNC) will be officially launched today in Melbourne by Assistant Treasurer David Bradbury at Charcoal Lane in Fitzroy. The charities and not-for-profit sector employs over 1 million people and has an annual turnover of $100 billion.  Leaders from across the charities and not-for-profit sector have welcomed the launch of the ACNC, seeing it as a critical reform.

David Crosbie, CEO of the CCA said; ‘charities are choking on a dog’s breakfast of regulations and compliance.  The establishment of the ACNC will not only reduce red tape, but give voice to a sector that has been neglected for far too long.  We need to use this collective voice to hold the new regulator to account, build capacity, strength and innovation across the charities sector.’

Toby Hall, CEO of Mission Australia said; ‘if we want our communities to flourish, we must support our not-for-profit sector and get the regulatory environment right.  The ACNC is a critical part of that support.  I commend all those involved in establishing the ACNC and I am looking forward to working with my colleagues to ensure this new regulator can fulfill its promise.’

Dr Lisa Obrien, CEO of the Smith Family said;‘the establishment of the ACNC is an important acknowledgement of the significant role of the charities and not-for-profit sector in Australia and the sector’s growing importance for Australia’s future wellbeing.’

Rev Keith Garner, CEO of Wesley Mission said; ‘the value of the work carried out by charities in Australia cannot be over-stated.  It has seemed strange to me that the Australian Taxation Office would be the default regulator for charities.  I am looking forward to having our own charities passport and achieving a real reduction in red tape and compliance costs.’

Jayne Meyer Tucker, CEO of Good Beginnings Australia said; ‘this is such an important first step – an important step in Australia’s Not For Profit future.  We commend those involved who have worked so hard for so long to make this big step forward a reality.’

CCA have previously highlighted that at present in Australia, every time a charity interacts with funders and regulators – whether it is to gain a local council concession on rates, a state government approval for fundraising or an Australian Taxation Office concession – they have to prove they are a charity and establish their bona fides.   The new ACNC charities passport will cut through much of this red tape.   The ACNC will report annually to Parliament and to the not-for-profit sector.

Contact:        David Crosbie   0419 624 42

Media Release: Finally – charities given a voice Read More »

If SA can do it, why not other states?

Media Release: If SA can do it, why not other states?

Today’s announcement that the South Australian government will not require nationally registered charities to further establish their bona fides has been warmly welcomed, but some are questioning why other states are not offering the same level of support to charities.  The not-for-profit sector employs more than one million Australians and turns over approximately $100 billion each year.

Rev Tim Costello, Chair of CCA and CEO of World Vision said,‘after decades of discussion, it is very pleasing to see the South Australian government joining the Federal government in showing some leadership to support the charitable sector.  We commend this agreement between SA and the Federal government as part of the larger not-for-profit reform agenda.

According to David Crosbie, CCA CEO,‘the charities sector is drowning in a sea of red tape, duplication and compliance, mostly imposed by well-meaning but misguided bureaucracies at both a Federal and State government level.  Today’s announcement shines some light at the end of the not-for-profit reform tunnel.  Now if we can just get this train moving …’

Toby Hall, CCA Board Director and CEO of Mission Australia said, ‘great to see South Australia is leading the way with a common sense approach towards charity sector regulation that all states would be wise to follow. It will save time and money for both charities and governments.’

Dr Stephen Judd, CCA Board Director and CEO of Hammond Care said, ‘The Productivity Commission report into the charitable sector found unnecessary government compliance requirements are increasing, costing the sector millions of dollars in compliance.  SA is to be commended for starting to reverse the trend so charities can focus more on their purpose, and less on red tape.’

Dr Lisa O’Brien, CCA Board Director and CEO of The Smith Family said,‘Removing compliance costs for charities is always welcome, especially in areas like national fundraising requirements that create such an administrative nightmare for national organisations like The Smith Family.’

Mr Crosbie questioned why other State and Territories were not joining with SA in supporting the not-for-profit sector?  ‘Governments around Australia talk about wanting to support the charitable sector by cutting red tape and reducing the compliance burden on not-for-profits, but these statements are usually just decorative policy words rather than a commitment to real action.  The Federal and SA governments have backed up their rhetoric with action that will actually make a real difference to the sector.  Other governments should get on board.’

Legislation to establish the ACNC is currently before the Senate. The ACNC intends to introduce a ‘charities passport’ that establishes the bona fides of a charity.  Currently, if charities want to run a national fundraiser or seek a payroll exemption, they have to register separately with each State. 

  Contacts:     David Crosbie  0419 624 420 

If SA can do it, why not other states? Read More »