Submissions-post
CCA Submission – The Royal Commission on Antisemitism and Social Cohesion
The Royal Commission on Antisemitism and Social Cohesion
Antisemitism, racism and discrimination must not be tolerated or form part of a society that Australians collectively thrive in. Charities, not-for-profits (NFPs) and other social purpose organisations stand in strong solidarity alongside and support our Jewish communities and neighbours so that all members of our diverse multicultural society continue to feel that they can live in a more fair, safe and prosperous Australia that we all want.
Our sector is able and ready to play a greater role where it can be most impactful and try to help address antisemitism and strengthen social cohesion through its work in society where poor financial wellbeing is still considered the single most important factor associated with decreasing levels of social cohesion1.
This includes amplifying our sector’s work to reduce the circumstances that contribute to unsustainable environments, as one of the many factors that can help racial prejudice and societal division thrive. This work can also be supported by greater investment in Australia’s ‘relational infrastructure’ that is provided though charities and NFPs so it can help Australians build more trust, participation in community life and experiences of belonging.
Guided by clear purpose and values, our sector works tirelessly alongside all members of our community to meet essential needs and foster human flourishing. Charities and NFPs are not simply responding to social cohesion challenges; they are among the primary institutions actively producing social cohesion every day; and stands ready to do significantly more in building more inclusive, compassionate and cohesive communities as part of a stronger and more resilient Australia.
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Global Fuel Shortages and Charities/NFPs
Global Fuel Shortages and Charities/NFPs
The Community Council for Australia is requesting that the essential role of charities and NFPs be factored into any measures relating to fuel shortages in Australia.
Introduction
No-one knows what will happen with fuel supplies to Australia. We do know governments have already begun planning for what could be a difficult time with urgent meetings of the National Cabinet, a new Fuel Supply Taskforce, initial behind the scenes planning around possible restrictions and targeted support packages for at-risk businesses and other groups.
It’s important to note that charities are a major employer (over 1.5 million staff and 3.5 million volunteers), have a large economic footprint (turn-over $220 billion+ per annum and assets above $435 billion), and play a critical role in the lives of millions of Australians and the communities they belong to.
There are five aspects of primary concern for charities and NFPs if fuel shortages become more acute and sustained.
In addressing these issues, CCA seeks to ensure charities are actively consulted about proposed measures to address what may be a significant challenge for many Australians.
1. Increased costs
Increased costs impact all charities and NFPs. Many need to use transport in their service provision, and many rely on goods and commodities that are likely to substantially increase in cost. Most charities and NFPs are already stretched very thinly to provide their valuable services. Most have very limited budget flexibility. An un-budgeted increase in costs will impact the capacity of charities and NFPs to continue to effectively meet community needs.
2. Reduced volunteers/staff availability
Many people who volunteer or work at charities rely on private transport. If the cost of fuel increases and availability decreases, some volunteers (and staff) may choose to save their fuel for essential purposes. This will again reduce the capacity of charities and NFPs to continue to meet community needs.
3. Increased demand for emergency relief and essential services
The COVID experience highlighted that in times of economic pressure, demand for emergency relief and other support services increases significantly. Vulnerable people become more vulnerable when new challenges arise, and this can be seen across a broad range of services. Demand for domestic violence support, for instance, is likely to increase if economic pressures rise. An unplanned increase in service demand is very difficult to respond to if there is not an increase in funding for charities and NFPs.
4. Declining income
Many charities and NFPs rely on donations, sponsorships and philanthropy to enable them to provide vital services to communities. Australia is already seeing a significant drop in consumer confidence and typically this translates into less fundraising and philanthropic income across the charities and NFP sector. At a time of rising costs, the likely decline in donations will undoubtedly hit some charities.
Another source of income for some charities and NFPs is fees for the services they provide. As we saw in the COVID pandemic, when people travel less and participate less in group events this can negatively impact the income streams of many charities and NFPs that rely on fee for service type income.
5. Reduced social cohesion and increased vulnerability
Charities and NFPs are the backbone of many communities and especially vulnerable population groups. Charities and NFPs bring people together to provide opportunities to positively engage, build understanding, offer important services, support and hope. When the pressure on community relationships increases, it’s important that charities and NFPs have the resources they need to ensure individual, family and community resilience is supported and encouraged. A reduction in the capacity of charities and NFPs to respond to vulnerable community needs during a fuel shortage crisis would not only lead to more harm, it would also translate into higher costs for governments in the medium to longer term.
Conclusion
CCA believes our governments at every level will be able to steer an appropriate course through what may be very challenging waters over the coming months, but governments cannot do it alone. Business has a role. Charities and NFPs have a role.
At CCA we believe the best way to maximise the contribution of charities and NFPs in addressing challenges is to actively engage with the sector to ensure what is needed is being provided. CCA is happy to play a role in this engagement.
Should the situation deteriorate, it’s charities and NFPs that will again provide the fundamental services that connect people and offer support to those most in need.
CCA ask that our concerns and issues be fully considered in any measures to address the emerging challenges of a global fuel shortage and its impact upon Australia.
See also coverage in The Community Advocate, 25 March: All hands on deck says CCA as rocketing fuel prices hit charities already running on fumes
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CCA Federal Pre-Budget Submission 2026-27
CCA Federal Pre-Budget Submission 2026-27
Introduction
This submission outlines ten measures the Community Council for Australia (CCA) believes will significantly strengthen Australia’s not-for-profit (NFP) sector to support our communities and drive real economic savings for government over the coming financial year and beyond. These measures have been informed by consultation with CCA members and key organisations in the NFP sector.
It is important to note that this submission does not override the policy positions outlined in any individual Federal Budget submissions from CCA members.
This submission includes: a brief background to CCA; a listing of proposed measures; an overview of the current issues for the NFP sector; further details about the costing of proposals; and a conclusion.
CCA welcomes the Albanese Government’s engagement with charities as it works to implement the positive policy agenda for the sector carried into government. The need to realise the benefits of reform has never been more urgent as Australia confronts growing costs of living, harsh economic challenges, the impact of climate change and an increase in the frequency of natural disaster, and the enduring impact of global destabilisation.
The priority in 2026/27 must be to move beyond words, reports and recommendations to implementation – with commitment and investment to drive the change that is needed. This is the real test of Government’s commitment to reform and to working better with charities and NFPs to realise better outcomes for Australia.
A government committed to building economic and social resilience and productivity across our communities will actively encourage and invest in more effective and efficient charitable organisations delivering better outcomes for our communities. CCA welcomes this opportunity to provide input into the Federal Budget process and to engage in detailed discussion about any issues this submission raises.
The Community Council for Australia
The Community Council for Australia is an independent non-political member-based organisation dedicated to building flourishing communities by enhancing the extraordinary work undertaken by the charities and not-for-profit sector in Australia. CCA seeks to change the way governments, communities and not-for-profits relate to one another by providing a national voice and facilitation for sector leaders to act on common and shared issues affecting the contribution, performance, and viability of NFPs in Australia. This includes:
- promoting the values of the sector and the need for reform
- influencing and shaping relevant policy agendas
- improving the way people invest in the sector
- measuring and reporting success in a way that clearly articulates value
- building collaboration and sector efficiency
- informing, educating, and assisting organisations to build sustainable futures
Our success will drive a more sustainable and effective charities and not-for-profit sector in Australia making an increased contribution to the well-being and resilience of all our communities.
Summary of proposed budget measures
The following proposals have been developed through extensive discussions and feedback from CCA members and other key stakeholders. Each measure would deliver real benefits to government and communities over the longer-term and strengthen communities (proposed measures are outlined in more detail from page five).
- Provide Deductible Gift Recipient (DGR) status to all registered charities, initially excluding certain categories of organisations such as those focused on childcare, primary and secondary education and the advancement of religion, as outlined in the PC Report Future Foundations of Giving.
- Create more incentives for giving as Australia experiences the largest ever inter-generational wealth transfer over the coming two decades.
- Living Legacy Trusts
- Opt-out workplace giving provisions
- Superannuation charitable investment options
- Fix fundraising regulations
- Boost sector investment and productivity by increasing certainty in government funding, concessions and regulations, and ‘paying what it takes’ to operate programs and services.
- Develop a Charities Transformation Fund to support cybersecurity and sector capacity development through: adoption of technology; staff training and development; research and evaluation; and infrastructure improvements, including adapting and responding to climate change.
- Develop a Charities Investment Fund that could provide charities reduced interest loans for impact investment or longer-term line of credit options to enable greater leverage of charity assets and capacity.
- Establish an Ombudsman’s Office or its equivalent to support the advancement of policies and programs to improve productivity and outcomes for the charities sector.
- Support research into key aspects of Australia’s charities including the charities workforce and their terms of employment, and how the sector is funded or contracted.
- Introduce a targeted ‘estate duty’ for people with estates valued at over $10 million with appropriate incentives for donations to charities, safeguards relating to family businesses and farms, and mitigation of any potential adverse impacts.
- Review the generous tax concessions provided to gaming, catering, entertainment and hospitality income for mutual organisations, especially licensed clubs.
Context: not-for-profit reform
The charities and NFP sector encompass over 600,000 organisations – from large to very small – supporting and enhancing our society and contributing 8% of GDP. Australia’s 63,000+ charities employ over 1.54 million staff (over 10% of Australia’s workforce), mobilise over 3.7 million volunteers and collectively turn over more than $220 billion each year.
These facts tell only a small part of the story. The real value of the charities sector is often in the unmeasured contribution to Australian quality of life. Charities are at the heart of our communities, building connection, nurturing spiritual and cultural expression, and enhancing the productivity of all Australians.
At a time when we need to support greater resilience within our communities, many charities face increased costs, a decline in revenue, uncertainty in income streams and reduced access to volunteers. Many delivering community services face the triple-squeeze of rising costs, a shortage of volunteers and demand that exceeds their capacity to meet. At the same time, charities need to invest in critical capacity, including cybersecurity, data management, and adaptation in response to climate change.
Of the 160 reform recommendations made by key national inquiries into the charities and NFP sector over the last 30 years, only 21 have been implemented (Are any more recommendations worth implementing from nearly 30 years of Commonwealth nonprofit reform reports? (ACPNS) (qut.edu.au). The one major recommendation enacted since the Productivity Commission’s 2010 Report in the Contribution of the Not-for-profit Sector – the establishment of the ACNC – has proved to be a positive step towards red tape reduction, increased transparency, and trust in the community by prospective volunteers and donors. But there is still a lot of work to do in streamlining and improving the regulation of charities and enhancing their capacity, performance and contribution to our economy and the kind of Australia we want.
While Australia’s charities represent a social and economic strength, lack of certainty in funding arrangements, a failure of government and funders to invest in organisational capacity, the barriers to accessing capital and growing impact investing, lack of investment in research and capacity building, and a decline in giving (with philanthropic giving as percentage of income still not recovered to the pre-GFC highs of 2009) are handbrakes on realising more for our communities.
Given the size of the sector, its critical role in our community and the foundation it provides to achieve so much more, the Federal Government should prioritise strategic investment in the charities and NFP sector.
As the now Assistant Minister for Competition, Charities and Treasury said pre-Election in 2022, The future of the charity sector is too important to our economy and our communities to grow and develop without planning or strategic investment. Even a one per cent productivity increase would add $1.4 billion to the resources available to the sector, creating more jobs and providing services to more Australians. (Labor to ensure strong future for Australia’s charities – Media Release, 22 April 2022)
Supporting the proposals in this submission will ensure the government receives a better return on investments, strengthens communities, improves wellbeing, builds connectedness and resilience, and increases productivity for all Australians.
Description of proposed budget measures
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Provide Deductible Gift Recipient (DGR) status to all registered charities, initially excluding certain categories of organisations such as those focused on childcare, primary and secondary education and the advancement of religion, as outlined in the PC Report Future Foundations of Giving
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Despite some reform, the system of determining Deductible Gift Recipient (DGR) status still largely favours larger charities that can afford lawyers to assist the progression of their applications. Many smaller charities do not have the capacity to apply for DGR status and therefore cannot access the community support that comes when donations are tax deductible. DGR remains a complex, costly and inequitable system – with less than half of all charities having DGR status. It makes good policy sense that all donations made to registered, complying charities should be tax deductible. This is the practice in comparable countries like the UK and Canada. Australia’s DGR system is broken and needs urgent repair.
The Productivity Commission Future Foundations for Giving Report made the following recommendation 6.1:
The Australian Government should amend the Income Tax Assessment Act 1997 (Cth) to reform the DGR system to focus it on activities with greater community-wide benefits. The scope of the reformed system should be based on the following principles.
- There is a rationale for Australian Government support because the activity has net community-wide benefits and would otherwise be undersupplied.
- There are net benefits from providing Australian Government support for the activity through subsidising philanthropy.
- There is unlikely to be a close nexus between donors and beneficiaries, such as the material risk of substitution between fees and donations.
In applying these principles, the Australian Government should:
- extend eligibility for DGR status to most classes of charitable activities, drawing on the charity subtype classification in the Australian Charities and Not-for-profits Commission Act 2012 (Cth) to classify which charitable activities are eligible for DGR status and which are not
- expressly exclude the following classes of charitable activities or subtypes:
- primary, secondary, religious and informal education activities, with an exception for activities that have a specific equity objective (such as activities undertaken by a public benevolent institution)
- the activities of early childhood education and care and aged care (other than activities undertaken by a public benevolent institution)
- all activities in the subtype of advancing religion
- activities in the other analogous purposes subtype that are for the purpose of promoting industry or a purpose analogous to an exclusion in another subtype
This measure would have an initial projected annual expenditure of approximately $130 million which was previously offset by past savings in ending uncapped FBT entitlements. It would also increase investment in the charitable sector.
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Create more incentives for giving now as Australia experiences the largest ever inter-generational wealth transfer over the coming two decades.
Living Legacy Trusts
Over the next two decades $2.4 trillion in wealth is expected to pass from Australian ‘baby boomers’ to the next generation. It is expected that charities will benefit from this wealth transfer through bequests. However, giving by bequest is currently low – the JBWere Bequest Report, 2024 found only 6.5% of final wills had a direct charitable bequest, and charitable bequests accounted for only 1% of the total value of estates.
Living Legacy Trusts involve a donor placing an asset in a trust for the benefit of a charity upon the donor’s passing. The asset is irrevocably committed to the charity, but the donor can still receive an income stream from the asset while they are alive. In return for irrevocably committing the asset to the charity, the donor receives a tax deduction when they place the asset in the trust, worth a percentage of the asset’s value. This percentage may vary with factors including the donor’s age. There are also models where intermediaries may be established to manage the donations and enable charities access to the donated funds prior to the passing of the donor. This immediate access is particularly important given the current economic climate.
This measure encourages giving and enables intending donors to act on their bequest intentions at the time of greatest need (rather than time of death). It extends the policy intent of DGR concession, while supporting donors to maintain a self-supporting income stream.
This measure will have minimal impact to revenue over the next two years, with its impact increasing as the structure becomes more attractive over time. Deloitte Access Economics modelling suggests a cost to revenue of $870 million over 10 years, which would be more than offset with the growth in legacy giving over a ten-year period.
Opt-out workplace giving provisions
When in place, ‘opt out’ systems of workplace giving have ensured much higher levels of success in workplace giving programs.
Less than 2% of working Australians currently donate to charity from their pre-tax income through workplace giving. When in place, the ‘opt out’ approach to workplace giving can result in 60-70% of employees in an organisation participating. With ‘opt-in’, average participation rates are less than 5%. Uncertainty over provisions in the Fair Work Act are an impediment to more widespread use of the ‘opt-out’ approach. Clarifying the Fair Work Act would help increase the number of Australian employees participating in workplace giving. Growing to 10% of employees donating 0.35% of their pre-tax income, would raise over a quarter of a billion dollars each year through workplace giving. This is a realistic target based on local and international experience that would increase philanthropy and the engagement of Australians in the broader NFP sector.
CCA anticipates there would be limited additional costs to government in this measure.
Superannuation charitable investment options.
Using employee super contributions to drive improvements for communities is increasingly being adopted around the world. CCA support a model similar to that applying in France where all employees are given the option of investing 5-10% of their superannuation into ‘solidarity organisations’ (the equivalent of our charities). In 2008 the French government regulated that all super funds needed to provide this option to employees, and since that time the amount invested has grown to over $5.5 billion. This has stimulated social entrepreneurship and improved both the capital base and capacity of solidarity organisations.
The success of the French 90/10 rule shows what could be achieved if Australia chose to provide employees with some limited choice about how their superannuation contributions are invested. If just 2% of the MySuper funds were invested this way it would generate almost $10 billion, or enough to significantly reduce homelessness by investing in social housing initiatives that could assist 50,000 Australians struggling to maintain secure and appropriate housing.
This measure could be transformative in encouraging the charities sector to find ways of establishing social enterprises that strengthen our communities. It would also link into the work of the Social Impact Investing Taskforce and provide a boost to impact investing across the charities and NFP sector.
This measure has minimal government impact as costs are almost non-existent – it is simply about enabling a different use of a very small part of Australia’s $2 trillion superannuation investment pool.
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Fix fundraising regulations
This measure would save millions of dollars a year in red tape, duplication and dysfunctional compliance activities that provide no benefit to the community. Simply ensuring fundraising activities are covered by the Australian Competition and Consumer Commission (ACCC) and noted through the ACNC would ensure any deceptive or misleading conduct associated with charitable fundraising, whatever the platform, could be closed down and perpetrators prosecuted.
CCA and many other groups have repeatedly called for the fix fundraising solution to be implemented, but still charities languish in a bygone era of accountability that has little relevance or effectiveness, and costs charities millions in wasted effort.
It is now five years since a Senate report recommended harmonization of fundraising regulations. The need to address the barriers created by fundraising regulations has also been highlighted in a recommendation from the Royal Commission into National Natural Disaster Arrangements.
All Australian governments say that they support the need to streamline fundraising regulations so that every charity big and small across Australia does not have to make separate fundraising applications and returns for every individual jurisdiction just because they have a ‘donate here’ button on their website. Yet there is a patchwork approach to implementing harmonisation by state jurisdictions, leaving charities with a maze to unravel.
There is no cost to government in ensuring appropriate application of Australian Consumer Law.
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Boost sector investment and productivity by increasing certainty in government funding, concessions and regulations, and ‘paying what it takes’ to operate programs and services.
This measure is focused on achieving a more stable financial and regulatory framework for all not-for-profits, particularly in relation to government funding and interaction with the sector. CEO Forums across the country run by CCA with the support of key organisations have clearly showed that uncertainty of government funding and the failure to cover the full direct and indirect costs of delivering services is a critical barrier to investment in the future sustainability of organisations. The Centre for Social Impact’s research found that only 39% of government grants were reported to cover all costs of service delivery (CSI Pulse of the Sector). The implementation of the Government’s pre-Election commitment to review and reform the funding models for contracted services to support longer-term planning and better service provision (including, but not limited to the recent Department of Social Services consultation on a stronger, more diverse and independent community sector), should result in initiatives across all government portfolios involved in contracting charities and not-for-profit to deliver services such as:
- an agreed notice period of six months prior to the ending of any major government contract, incentive or concession, with limited exemptions for cases of fraud, other criminal actions, etc.
- increasing the length of government contracts where possible to at least five years,
- more transparent and accessible processes for reviewing the performance of NFPs,
- more transparent and accountable processes for government funding decisions relating to NFPs,
- a commitment to covering the full direct and indirect costs of delivering services (pay what it takes),
- a commitment to fairness for NFP grantees, particularly the inclusion of reasonable indemnity clauses, a mutual right to terminate and the incorporation of regular review points to consider and adjust for factors outside of the NFP’s control,
- an approach to risk that recognises governments are partners in – not simply funders – of service delivery. When entering into service agreements and contracts for the delivery of services, government agencies should develop an explicit risk management framework in consultation with providers through the use of appropriately trained staff. This should include:
- allocating risk to the party best able to bear the risk,
- establishing agreed protocols for managing risk over the life of the contract.
(Recommendation 12.6 Contribution of the Not-for-Profit Sector, Productivity Commission, 2010)
- funding practices that recognise non-profit organisations are better positioned than for-profit corporations to provide community services, including via provisions in funding agreements with States and Territories. (An example is prioritising the involvement of NFP community providers in the boost to VET funding, valuing their established outperformance of for-profit providers in engaging disadvantaged and vulnerable communities.)
These measures would all boost investment in organisational capacity across the NFP sector.
At the centre of many concerns across the NFP sector is the ability of small and large community organisations to deal with an increasingly uncertain future. While governments are not responsible for all disruptions and challenges to the NFP sector, increasing certainty in government funding is a critical measure that would build capacity and effectiveness.
CCA anticipates these measures would produce savings with very limited (mostly internal) outlays.
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Develop a Charities Transformation Fund to support cyber-security and sector capacity development through: adoption of technology; staff training and development; research and evaluation; and infrastructure improvements, including adapting and responding to climate change.
The Australian government invests billions of dollars in charities and not-for profits to provide critical services and supports to communities across Australia. Unfortunately, there is often little allocation of funding to enable funded organisations to meet growing cyber-threat, respond to climate change or improve their services through capacity development in critical areas like technology, staff training and development, research and evaluation, and infrastructure.
The significant levels of cyber-attacks that charities and not-for-profits (NFPs) are experiencing is costing the sector (and its funders) millions of dollars. This sector is one of the least prepared sectors in terms of capacity to prevent or respond to cyber security incidents. The latest Digital Technology in the NFP Sector (November 2025) report from Infoxchange highlights the urgent need for charities and their funders to review and invest in cybersecurity, finding the workforce in 47% of charities has not received cyber-security awareness training. The risk factors that compound the current sector lack of preparedness include:
- the growing number and complexity of cyber security incidents experienced by charities and NFPs
- the size of the sector- employing over 2.5 million Australians (charities and NFPs) and turning over more than $200 billion
- the extent and nature of the data this sector holds – not just the financial data of millions of donors but also highly sensitive personal information of millions of vulnerable Australians
- the relative risk of government investments into the sector – over $107 billion of government funding annually is invested in the charities sector alone
- the lack of resources in the sector – most charities are actively encouraged to spend less on administration and more on serving their communities, thereby driving huge underinvestment in areas like digital capability
- the lack of accessible appropriately targeted resources to support training and organisational systems change.
In other areas, significant productivity and performance gains for community and government could be realised if more charities were supported to invest in evaluation and information systems that would allow them to better understand their impact (Infoxchange finds only one in four believe they have this capacity). Similarly, better supporting the development and wellbeing of the 1.54 million workers and 3.7 million volunteers that power the delivery of support to communities will improve productivity and reduce risk.
While the government should not be solely responsible for sector capacity, it is important to acknowledge that significant economic and social benefits flow from growing our social capital; funders share the risks inherent in areas such as cybersecurity and climate change; and that increased productivity will only come if there is increased capacity to support and develop the sector’s workforce and improve organisations and the way they operate. A transformation fund would enable charities to respond to what has become a challenging operating environment and improve services to communities, especially in this time when many communities are experiencing higher needs for support from charities.
CCA believes at least $300 million should be allocated to this fund.
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Develop a Charities Investment Fund that could provide charities reduced interest loans for impact investment or longer-term line of credit options to enable greater leverage of charity assets and capacity.
Access to bridging finance is limited within charities and few have established lines of credit to smooth out inconsistent or lumpy income streams, despite the sector’s asset base of around $489 billion.
Establishing a fund that could provide longer term 5-to-10-year loans at subsidised interest rates – possibly with potential first loss risk partly underwritten through philanthropic backing – would enable charities with relatively strong balance sheets to continue to operate and maintain service capacity, even when temporary cash flow issues may otherwise have forced cutbacks and retrenchments.
CCA believes many charities would benefit through such a fund which could also underwrite a level of impact investment within the charities sector.
It would also enable charities to effectively reduce the risk of fully realising their potential by underwriting a level of risk on recuring and likely funding. Knowing there is a fall back if charities over-commit prior to having the cash in hand will free up significant new investment in the provision of much needed programs and services.
CCA anticipates the cost to government of supporting this fund would be an initial outlay of $500 million which would be invested in the charities sector and provide a small financial return over time.
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Establish an Ombudsman’s Office or its equivalent to support the advancement of policies and programs to improve productivity and outcomes for the charities sector.
There is currently not one person employed by the government whose primary goal involves advocating for or supporting the charities and not-for-profit sector. This contrasts with other organisations like small business or other large industry groups – primary industry, transport, communications, travel and tourism, etc.
Over the years various advisory bodies have been established by governments to foster stronger relationships and improve government policies and practices in dealing with the charities and community sector, as well as support the enhancement of charity and community organisation capacity and effectiveness. All these groups have been both temporary and under-resourced. While there have been some improvements including the establishment of the ACNC, very slow progress has been made on broader sector reform.
The lack of a champion for the charities and not-for-profits could be partly addressed by following the model of the Australian Small Business and Family Enterprise Ombudsman. This office not only facilitates smoother access to government programs and supports but provides additional add on programs and services as well as offering a dispute resolution and advocacy to improve the operating environment for small business across Australia.
CCA expects the initial budget costs of supporting a charity and NFP sector Ombudsman’s Office would be approximately $5 million per annum.
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Support research into key aspects of Australia’s charities including the charities workforce and their terms of employment, and how the sector is funded or contracted.
There are many areas of charity sector operations that are very poorly researched or understood including the nature of employment across the sector and the way the sector is funded. It’s almost impossible to make good national policy for the charities sector when so little is known about how it operates, who it employs and what terms and conditions apply to both charities and their employees. There are other areas that also need further investigation including access to debt financing, funding and renewal of infrastructure across the sector, etc. Without dedicated research funding to investigate the sector, most charity policy is ill-informed.
CCA expects the initial budget costs of stimulating research investment across the sector would be approximately $5 million per annum.
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Introduce a targeted ‘estate duty’ for people with estates valued at over $10 million with appropriate incentives for donations to charities, safeguards relating to family businesses and farms, and mitigation of any potential adverse impacts.
National estate duties exist in many countries including: the United Kingdom, Germany, Italy, Belgium, the Republic of Ireland, France, the Czech Republic, Canada and the USA. Not only do these duties provide substantial government revenue, they also increase philanthropy by offering relief from estate duties for any money left to charity. The Henry Review drew on this international experience in supporting estate duties as a taxation measure. Among other benefits, estate duties can apply a small brake on growing levels of inequality in our communities.
Until 1979, many Australian governments gained substantial income through various forms of death or estate duties.
Australia’s growing gap between rich and poor, and the gap between government income and demand for government supported services, can both be partially addressed by applying a form of estate duty on the richest 1% in our communities.
A targeted 35% estate duty on all estates over $10 million (with appropriate exemptions) would raise substantial new government revenue and stimulate philanthropy.
ATO figures suggest over 25,000 people have assets above $10 million. If 4% of these families paid 35% in estate duties, it would equate to a minimum revenue of $3.5 billion.
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Review the generous tax concessions provided to gaming, catering, entertainment and hospitality income for mutual organisations, especially licensed clubs.
The mutuality principle that rightly applied in the late 1800s in Australia is no longer appropriate or consistent with existing taxation arrangements, particularly for organisations involved in gaming. Large licensed clubs that act as gaming venues should not be able to treat over 75% of their income as tax free, especially when they have not satisfied the basic requirements of being a not-for-profit organisation that exists to provide a public benefit. As pointed out in the Not-for-profit Tax Concessions Working Group Report (May 2013), concerns with the current application of the mutuality principle include:
– integrity concerns about member and non-member receipts;
– competitive neutrality concerns where mutual organisations are trading in competition with taxable businesses;
– social policy concerns about significant gambling and hospitality receipts of some organisations, which are not subject to income tax at the Commonwealth level; and
– concerns about private member benefit.
It is recommended, on public benefit grounds, that the tax law should be amended to treat all member and non-member income of mutual organisations as assessable for taxation purposes in line with normal income tax principles.
If this recommendation is not supported, all income from gaming, catering, entertainment and hospitality trading activities of mutual organisations should be treated as assessable.
It is difficult to justify the hundreds of millions of dollars of tax concessions provided to large licensed gaming clubs based on the mutuality principle. It is time to review these concessions taking into account any unintended consequences on mutual organisations that do provide a real benefit to members.
CCA anticipates this measure could generate significant additional government revenue.
Budget implications (costings)
CCA acknowledges the need to ensure an effective economic framework for all Australian governments that serves the needs of our various communities. We acknowledge budgetary pressures on all governments, but see investment in the charities sector as providing real dividends to the Australian community.
In considering the specific budget implications of the ten key measures outlined in this submission, CCA has taken a relatively conservative approach to the projection of new income and expenditure for government. Given the complexity of some of the proposed measures and the lack of data about others, the initial costs and benefits outlined in this submission represent a starting point for further discussion and more detailed economic modelling.
CCA believes the measures proposed in this budget submission will over time generate significant revenue as well as long-term savings for governments, NFPs and the communities they serve.
Conclusion
This submission promotes Federal Government measures to strengthen the charities and NFP sector and deliver sustainable economic and social benefits for governments and our communities.
Never has there been a stronger case for investment in the charities and NFP sector to build more resilient communities through greater engagement in our society and our economy.
Many individual not-for-profit organisations (including CCA members) will be seeking to have the Federal Government fund specific measures for the benefit of their own causes and communities. Most of these budget proposals from the not-for-profit sector are important and have real merit.
It is important to note that CCA does not see increased giving to charities as a cost to government but a benefit to the communities we all live and work in. It is counter-productive to treat increased philanthropy and social impact investment as a government loss of potential tax income or ‘foregone revenue’. The whole community benefits when individuals or organisations choose to direct their resources into strengthening communities, increasing economic and social activity, and improving health and wellbeing. This is particularly the case if the money involved avoids the significant transfer costs of moving into, through, and out of government. Philanthropy and social investment are about encouraging greater ownership of local issues by enhancing the role of charities and NFPs.
The times we live in present us all with many challenges. Inequality continues to rise in Australia. There is increasing global insecurity. We need fairer and more inclusive ways to strengthen our communities and our environment, and more impact investment to grow the capacity of charities to make a positive difference across Australia. Estate duties, an investment fund to improve outcomes and the French 90/10 rule are three examples of sustainable policies that have the potential to be transformative.
The NFP sector is too large and too important to be left on the margins of economic debates and major policy reforms within Australia, especially in difficult times. Government investment in enabling NFPs to be more efficient and effective will ultimately deliver stronger, more resilient and productive communities across Australia.
The Federal Budget is the most important policy document a Federal Government produces. Recognising the role of the charities and NFP sector through implementation of the ten measures outlined in this submission will translate into a fairer budget that will increase sector productivity and growth, and benefit all Australians.
CCA Federal Pre-Budget Submission 2026-27 Read More »
Charities and Not-for-profit Pre-Election Forum
Charities and Not-for-profit Pre-Election Forum
Over 150 people filled the National Press Club in Canberra to hear Assistant Minister for Charities, Dr Andrew Leigh MP and Shadow Assistant Minister for Charities, Senator Dean Smith outline their vision and commitments for the charities and not-for-profit sector.
They addressed questions like: What level of support are the major parties offering charities and NFPs in the lead up to the election? Why has reform of the charities and NFP sector proved so difficult?
Both Dr Leigh and Senator Smith made their support for our sector very clear both through their involvement in the event and the presentations they made.
Charities, community groups and volunteers were there representing the community-building, life-changing work and contribution of Australia’s 60,000+ charities, thousands upon thousands of community groups, 3.5 million volunteer and the more than 1.4 million staff that power our work.
The Australia we want, Third Report
A highlight of the day was the release by CCA with the support of the AMP Foundation of the Third Report of the Australia we want. Launched by CEO of the AMP Foundation, Nicola Stokes with a vision and hope ‘to spark discussion and debate in Australia regarding our future path, the values we deem most important, and the methods we use to gauge our success.’
Nicola invited all to join a movement for change:
‘Persisting with the same approaches to the same issues often results in limited effectiveness of our interventions. The central message of this report is that the kind of country we live in depends on all of us. By strategically utilising our resources, we can transform our nation to better embody our values and make a positive impact’.
Excellent coverage of the day also in the Community Advocate: The Great Debate | Community Directors
Charities and Not-for-profit Pre-Election Forum Read More »
CCA Federal Pre-Budget Submission 2025/26
2025/26
CCA Federal Pre-Budget Submission 2025/26
Submission to The Treasury and The Hon Dr Andrew Leigh MP Assistant Minister for Competition, Charities and Treasury
Introduction
This submission outlines nine measures the Community Council for Australia (CCA) believes will significantly strengthen Australia’s not-for-profit (NFP) sector to support our communities and drive real economic savings for government over the coming financial year and beyond. These measures have been informed by consultation with CCA members and key organisations in the NFP sector.
It is important to note that this submission does not override the policy positions outlined in any individual Federal Budget submissions from CCA members.
This submission includes: a brief background to CCA; a listing of proposed measures; an overview of the current issues for the NFP sector; further details about the costing of proposals; and a conclusion.
CCA welcomes the Albanese Government’s engagement with charities as it works to implement the positive policy agenda for the sector carried into government. The need to realise the benefits of reform has never been more urgent as Australia confronts growing costs of living, harsh economic challenges, the impact of climate change and an increase in the frequency of natural disaster, and the enduring impact of pandemic and global events. The priority must be to move beyond words, reports and recommendations to implementation – with commitment and investment to drive the change that is needed. This is the real test of Government’s commitment to reform and to working better with charities and NFPs to realise better outcomes for Australia.
A government committed to building economic and social resilience and productivity across our communities will actively encourage and invest in more effective and efficient charitable organisations delivering better outcomes for our communities. CCA welcomes this opportunity to provide input into the Federal Budget process and to engage in detailed discussion about any issues this submission raises.
The Community Council for Australia
The Community Council for Australia is an independent non-political member-based organisation dedicated to building flourishing communities by enhancing the extraordinary work undertaken by the charities and not-for-profit sector in Australia. CCA seeks to change the way governments, communities and not-for-profits relate to one another. It does so by providing a national voice and facilitation for sector leaders to act on common and shared issues affecting the contribution, performance, and viability of NFPs in Australia. This includes:
- promoting the values of the sector and the need for reform
- influencing and shaping relevant policy agendas
- improving the way people invest in the sector
- measuring and reporting success in a way that clearly articulates value
- building collaboration and sector efficiency
- informing, educating, and assisting organisations to build sustainable futures
- providing a catalyst and mechanism for the sector to work in partnership with government, business and the broader Australian community to achieve positive change.
Our success will drive a more sustainable and effective charities and not-for-profit sector in Australia making an increased contribution to the well-being and resilience of all our communities.
Summary of proposed budget measures
The following proposals have been developed through extensive discussions and feedback from CCA members and other key stakeholders. Each measure would deliver real benefits to government over the longer-term and strengthen communities (proposed measures are outlined in more detail from page five).
- Provide Deductible Gift Recipient (DGR) status to all registered charities, initially excluding certain categories of organisations such as those focused on childcare, primary and secondary education and the advancement of religion, as outlined in the PC Report Future Foundations of Giving.
- Create more incentives for giving as Australia experiences the largest ever inter-generational wealth transfer over the coming two decades.
a. Living Legacy Trusts
b. Opt-out workplace giving provisions
c. Superannuation charitable investment options - Fix fundraising regulations
- Boost sector investment and productivity by increasing certainty in government funding, concessions and regulations, and ‘paying what it takes’ to operate programs and services.
- Develop a Charities Transformation Fund to support cybersecurity and sector capacity development through: adoption of technology; staff training and development; research and evaluation; and infrastructure improvements, including adapting and responding to climate change.
- Develop a Charities Investment Fund that could provide charities reduced interest loans for impact investment or longer-term line of credit options to enable greater leverage of charity assets and capacity.
- Establish an Ombudsman’s Office or its equivalent to support the advancement of policies and programs to improve productivity and outcomes for the charities sector.
- Introduce a targeted ‘estate duty’ for people with estates valued at over $10 million with appropriate incentives for donations to charities, safeguards relating to family businesses and farms, and mitigation of any potential adverse impacts.
- Review the generous tax concessions provided to gaming, catering, entertainment and hospitality income for mutual organisations, especially licensed clubs.
Context: not-for-profit reform
The charities and NFP sector encompass over 600,000 organisations – from large to very small – supporting and enhancing our society and contributing 8% of GDP. Australia’s 60,000+ charities employ over 1.47 million staff (over 10% of Australia’s workforce), mobilise over 3.5 million volunteers and collectively turn over more than $200 billion each year.
These facts tell only a small part of the story. The real value of the charities sector is often in the unmeasured contribution to Australian quality of life. Charities are at the heart of our communities, building connection, nurturing spiritual and cultural expression, and enhancing the productivity of all Australians. Collectively, they make us a more resilient society.
At a time when we need to support greater resilience within our communities, many charities face increased costs, a decline in revenue, uncertainty in income streams and reduced access to volunteers. Many delivering community services face the triple-squeeze of rising costs, a shortage of volunteers and demand that exceeds their capacity to meet. At the same time, charities need to invest in critical capacity, including cybersecurity, data management and adaptation to respond to climate change.
Of the 160 reform recommendations made by key national inquiries into the charities and NFP sector over the last 30 years, only 21 have been implemented (Are any more recommendations worth implementing from nearly 30 years of Commonwealth nonprofit reform reports? (ACPNS) (qut.edu.au). The one major recommendation enacted since the Productivity Commission’s 2010 Report in the Contribution of the Not-for-profit Sector – the establishment of the ACNC – has proved to be a positive step towards red tape reduction, increased transparency, and trust in the community by prospective volunteers and donors. But there is still a lot of work to do in streamlining and improving the regulation of charities and enhancing their capacity, performance and contribution to our economy and the kind of Australia we want.
While Australia’s charities represent a social and economic strength, lack of certainty in funding arrangements, a failure of government and funders to invest in organisational capacity, the barriers to accessing capital and growing impact investing, and a decline in giving (with philanthropic giving as percentage of income still not recovered to the pre-GFC highs of 2009) are handbrakes on realising more for our communities. At the same time, revenue available to governments is effectively falling in real terms against a backdrop of increasing demands and higher community expectations.
Given the size of the sector, its critical role in our community and the foundation it provides to achieve so much more, the Federal Government should prioritise strategic investment in the charities and NFP sector. As the now Assistant Minister for Competition, Charities and Treasury said pre-Election, The future of the charity sector is too important to our economy and our communities to grow and develop without planning or strategic investment. Even a one per cent productivity increase would add $1.4 billion to the resources available to the sector, creating more jobs and providing services to more Australians. (Labor to ensure strong future for Australia’s charities – Media Release, 22 April 2022)
Supporting the proposals in this submission will ensure the government receives a better return on investments, strengthens communities, improves wellbeing, builds connectedness and resilience, and increases productivity for all Australians.
Description of proposed budget measures
- Provide Deductible Gift Recipient (DGR) status to all registered charities, initially excluding certain categories of organisations such as those focused on childcare, primary and secondary education and the advancement of religion, as outlined in the PC Report Future Foundations of Giving.
Despite some reform, the system of determining Deductible Gift Recipient (DGR) status still largely favours larger charities that can afford lawyers to assist the progression of their applications. Many smaller charities do not have the capacity to apply for DGR status, and therefore cannot access the community support that comes when donations are tax deductible. DGR remains a complex, costly and inequitable system – with less than half of all charities having DGR status. It makes good policy sense that all donations made to registered, complying charities should be tax deductible. This is the practice in comparable countries like the UK and Canada. Australia’s DGR system is broken and needs urgent repair.
The Productivity Commission Future Foundations for Giving Report made the following recommendation 6.1:
The Australian Government should amend the Income Tax Assessment Act 1997 (Cth) to reform the DGR system to focus it on activities with greater community-wide benefits. The scope of the reformed system should be based on the following principles.
- There is a rationale for Australian Government support because the activity has net community-wide benefits and would otherwise be undersupplied.
- There are net benefits from providing Australian Government support for the activity through subsidising philanthropy.
- There is unlikely to be a close nexus between donors and beneficiaries, such as the material risk of substitution between fees and donations.
In applying these principles, the Australian Government should:
- extend eligibility for DGR status to most classes of charitable activities, drawing on the charity subtype classification in the Australian Charities and Not-for-profits Commission Act 2012 (Cth) to classify which charitable activities are eligible for DGR status and which are not
- expressly exclude the following classes of charitable activities or subtypes:
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- primary, secondary, religious and informal education activities, with an exception for activities that have a specific equity objective (such as activities undertaken by a public benevolent institution)
- the activities of early childhood education and care and aged care (other than activities undertaken by a public benevolent institution)
- all activities in the subtype of advancing religion
- activities in the other analogous purposes subtype that are for the purpose of promoting industry or a purpose analogous to an exclusion in another subtype
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This measure would have an initial projected annual expenditure of approximately $130 million which was previously offset by past savings in ending uncapped FBT entitlements. It would also increase investment in the charitable sector.
- Create more incentives for giving now as Australia experiences the largest ever inter-generational wealth transfer over the coming two decades.
Living Legacy Trusts
Over the next two decades $2.4 trillion in wealth is expected to pass from Australian ‘baby boomers’ to the next generation. It is expected that charities will benefit from this wealth transfer through bequests. However, giving by bequest is currently low – in 2012 only 7.6% of final wills had a direct charitable bequest, and charitable bequests accounted for only 2% of the total value of estates.
Living Legacy Trusts involve a donor placing an asset in a trust for the benefit of a charity upon the donor’s passing. The asset is irrevocably committed to the charity, but the donor can still receive an income stream from the asset while they are alive. In return for irrevocably committing the asset to the charity, the donor receives a tax deduction when they place the asset in the trust, worth a percentage of the asset’s value. This percentage may vary with factors including the donor’s age. There are also models where intermediaries may be established to manage the donations and enable charities access to the donated funds prior to the passing of the donor. This immediate access is particularly important given the current economic climate.
This measure encourages giving and enables intending donors to act on their bequest intentions at the time of greatest need (rather than time of death). It extends the policy intent of DGR concession, while supporting donors to maintain a self-supporting income stream.
This measure will have minimal impact to revenue over the next two years, with its impact increasing as the structure becomes more attractive over time. Deloitte Access Economics modelling suggests a cost to revenue of $870 million over 10 years, which would be more than offset with the growth in legacy giving over a ten-year period.
Opt-out workplace giving provisions
When in place, ‘opt out’ systems of workplace giving have ensured much higher levels of success in workplace giving programs.
Less than 2% of working Australians currently donate to charity from their pre-tax income through workplace giving. When in place, the ‘opt out’ approach to workplace giving can result in 60-70% of employees in an organisation participating. With ‘opt-in’, average participation rates are less than 5%. Uncertainty over provisions in the Fair Work Act are an impediment to more widespread use of the ‘opt-out’ approach. Clarifying the Fair Work Act would help increase the number of Australian employees participating in workplace giving. Growing to 10% of employees donating 0.35% of their pre-tax income, would raise over a quarter of a billion dollars each year through workplace giving. This is a realistic target based on local and international experience that would increase philanthropy and the engagement of Australians in the broader NFP sector.
CCA anticipates there would be limited additional costs to government in this measure.
Superannuation charitable investment options.
Using employee super contributions to drive improvements for communities is increasingly being adopted around the world. CCA support a model similar to that applying in France where all employees are given the option of investing 5-10% of their superannuation into ‘solidarity organisations’ (the equivalent of our charities). In 2008 the French government regulated that all super funds needed to provide this option to employees, and since that time the amount invested has grown to over $5.5 billion. This has stimulated social entrepreneurship and improved both the capital base and capacity of solidarity organisations.
The success of the French 90/10 rule shows what could be achieved if Australia chose to provide employees with some limited choice about how their superannuation contributions are invested. If just 2% of the MySuper funds were invested this way it would generate almost $10 billion, or enough to significantly reduce homelessness by investing in social housing initiatives that could assist 50,000 Australians struggling to maintain secure and appropriate housing.
This measure could be transformative in encouraging the charities sector to find ways of establishing social enterprises that strengthen our communities. It would also link into the work of the Social Impact Investing Taskforce and provide a boost to impact investing across the charities and NFP sector.
This measure has minimal government impact as costs are almost non-existent – it is simply about enabling a different use of a very small part of Australia’s $2 trillion superannuation investment pool.
- Fix fundraising regulations
This measure would save millions of dollars a year in red tape, duplication and dysfunctional compliance activities that provide no benefit to the community. Simply ensuring fundraising activities are covered by the Australian Competition and Consumer Commission (ACCC) and noted through the ACNC would ensure any deceptive or misleading conduct associated with charitable fundraising, whatever the platform, could be closed down and perpetrators prosecuted.
CCA and many other groups have repeatedly called for the fix fundraising solution to be implemented, but still charities languish in a bygone era of accountability that has little relevance or effectiveness, and costs charities millions in wasted effort.
It is now five years since a Senate report recommended harmonization of fundraising regulations. The need to address the barriers created by fundraising regulations has also been highlighted in a recommendation from the Royal Commission into National Natural Disaster Arrangements.
All Australian governments say that they support the need to streamline fundraising regulations so that every charity big and small across Australia does not have to make separate fundraising applications and returns for every individual jurisdiction just because they have a ‘donate here’ button on their website. Yet meaningful change is yet to happen.
There is no cost to government in ensuring appropriate application of Australian Consumer Law.
- Boost sector investment and productivity by increasing certainty in government funding, concessions and regulations, and ‘paying what it takes’ to operate programs and services.
This measure is focused on achieving a more stable financial and regulatory framework for all not-for-profits, particularly in relation to government funding and interaction with the sector. CEO Forums across the country run by CCA with the support of key organisations have clearly showed that uncertainty of government funding and the failure to cover the full direct and indirect costs of delivering services is a critical barrier to investment in the future sustainability of organisations. The Centre for Social Impact’s research found that only 39% of government grants were reported to cover all costs of service delivery (CSI Pulse of the Sector). The implementation of the Government’s pre-Election commitment to review and reform the funding models for contracted services to support longer-term planning and better service provision (including, but not limited to the recent Department of Social Services consultation on a stronger, more diverse and independent community sector), should result in initiatives across all government portfolios involved in contracting charities and not-for-profit to deliver services such as:
- an agreed notice period of six months prior to the ending of any major government contract, incentive or concession, with limited exemptions for cases of fraud, other criminal actions, etc.
- increasing the length of government contracts where possible to at least five years,
- more transparent and accessible processes for reviewing the performance of NFPs,
- more transparent and accountable processes for government funding decisions relating to NFPs,
- a commitment to covering the full direct and indirect costs of delivering services (pay what it takes),
- a commitment to fairness for NFP grantees, particularly the inclusion of reasonable indemnity clauses, a mutual right to terminate and the incorporation of regular review points to consider and adjust for factors outside of the NFP’s control,
- an approach to risk that recognises governments are partners in – not simply funders – of service delivery. When entering into service agreements and contracts for the delivery of services, government agencies should develop an explicit risk management framework in consultation with providers through the use of appropriately trained staff. This should include:
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- allocating risk to the party best able to bear the risk,
- establishing agreed protocols for managing risk over the life of the contract.
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(Recommendation 12.6 Contribution of the Not-for-Profit Sector, Productivity Commission, 2010)
- funding practices that recognise non-profit organisations are better positioned than for-profit corporations to provide community services, including via provisions in funding agreements with States and Territories. (An example is prioritising the involvement of NFP community providers in the boost to VET funding, valuing their established outperformance of for-profit providers in engaging disadvantaged and vulnerable communities.)
These measures would all boost investment in organisational capacity across the NFP sector.
At the centre of many concerns across the NFP sector is the ability of small and large community organisations to deal with an increasingly uncertain future. While governments are not responsible for all disruptions and challenges to the NFP sector, increasing certainty in government funding is a critical measure that would build capacity and effectiveness.
CCA anticipates these measures would produce savings with very limited (mostly internal) outlays.
- Develop a Charities Transformation Fund to support cyber-security and sector capacity development through: adoption of technology; staff training and development; research and evaluation; and infrastructure improvements, including adapting and responding to climate change.
The Australian government invests billions of dollars in charities and not-for profits to provide critical services and supports to communities across Australia. Unfortunately, there is often little allocation of funding to enable funded organisations to meet growing cyber-threat, respond to climate change or improve their services through capacity development in critical areas like technology, staff training and development, research and evaluation, and infrastructure.
The significant levels of cyber-attacks that charities and not-for-profits (NFPs) are experiencing is costing the sector (and its funders) millions of dollars. This sector is one of the least prepared sectors in terms of capacity to prevent or respond to cyber security incidents. The latest Digital Technology in the NFP Sector (November 2024) report from Infoxchange highlights the urgent need for charities and their funders to review and invest in cybersecurity, finding the workforce in 47% of charities has not received cyber-security awareness training. The risk factors that compound the current sector lack of preparedness include:
- the growing number and complexity of cyber security incidents experienced by charities and NFPs
- the size of the sector- employing over 2.5 million Australians (charities and NFPs) and turning over more than $200 billion
- the extent and nature of the data this sector holds – not just the financial data of millions of donors but also highly sensitive personal information of millions of vulnerable Australians
- the relative risk of government investments into the sector – over $103 billion of government funding annually is invested in the charities sector alone
- the lack of resources in the sector – most charities are actively encouraged to spend less on administration and more on serving their communities, thereby driving huge underinvestment in areas like digital capability
- the lack of accessible appropriately targeted resources to support training and organisational systems change.
In other areas, significant productivity and performance gains for community and government could be realised if more charities were supported to invest in evaluation and information systems that would allow them to better understand their impact (Infoxchange finds only one in four believe they have this capacity). Similarly, better supporting the development and wellbeing of the 1.47 million workers and 3.5 million volunteers that power the delivery of support to communities will improve productivity and reduce risk.
While the government should not be solely responsible for sector capacity, it is important to acknowledge that significant economic and social benefits flow from growing our social capital; funders share the risks inherent in areas such as cybersecurity and climate change; and that increased productivity will only come if there is increased capacity to support and develop the sector’s workforce and improve organisations and the way they operate. A transformation fund would enable charities to respond to what has become a challenging operating environment and improve services to communities, especially in this time when many communities are experiencing higher needs for support from charities.
CCA believes at least $300 million should be allocated to this fund.
- Develop a Charities Investment Fund that could provide charities reduced interest loans for impact investment or longer-term line of credit options to enable greater leverage of charity assets and capacity.
Access to bridging finance is limited within charities and few have established lines of credit to smooth out inconsistent or lumpy income streams, despite the sector’s asset base of around $420 billion.
Establishing a fund that could provide longer term 5-to-10-year loans at subsidised interest rates – possibly with potential first loss risk partly underwritten through philanthropic backing – would enable charities with relatively strong balance sheets to continue to operate and maintain service capacity, even when temporary cash flow issues may otherwise have forced cutbacks and retrenchments.
CCA believes many charities would benefit through such a fund which could also underwrite a level of impact investment within the charities sector.
It would also enable charities to effectively reduce the risk of fully realising their potential by underwriting a level of risk on recuring and likely funding. Knowing there is a fall back if charities over-commit prior to having the cash in hand will free up significant new investment in the provision of much needed programs and services.
CCA anticipates the cost to government of supporting this fund would be an initial outlay of $500 million which would be invested in the charities sector and provide a small financial return over time.
- Establish an Ombudsman’s Office or its equivalent to support the advancement of policies and programs to improve productivity and outcomes for the charities sector.
There is currently not one person employed by the government whose primary goal involves advocating for or supporting the charities and not-for-profit sector. This contrasts with other organisations like small business or other large industry groups – primary industry, transport, communications, travel and tourism, etc.
Over the years various advisory bodies have been established by governments to foster stronger relationships and improve government policies and practices in dealing with the charities and community sector, as well as support the enhancement of charity and community organisation capacity and effectiveness. All these groups have been both temporary and under-resourced. While there has been some improvements including the establishment of the ACNC, very slow progress has been made on broader sector reform.
The lack of a champion for the charities and not-for-profits could be partly addressed by following the model of the Australian Small Business and Family Enterprise Ombudsman. This office not only facilitates smoother access to government programs and supports, but provides additional add on programs and services as well as offering a dispute resolution and advocacy to improve the operating environment for small business across Australia.
CCA expects the initial budget costs of supporting a charity and NFP sector Ombudsman’s Office would be approximately $5 million per annum.
- Introduce a targeted ‘estate duty’ for people with estates valued at over $10 million with appropriate incentives for donations to charities, safeguards relating to family businesses and farms, and mitigation of any potential adverse impacts.
National estate duties exist in many countries including: the United Kingdom, Germany, Italy, Belgium, the Republic of Ireland, France, the Czech Republic, Canada and the USA. Not only do these duties provide substantial government revenue, they also increase philanthropy by offering relief from estate duties for any money left to charity. The Henry Review drew on this international experience in supporting estate duties as a taxation measure. Among other benefits, estate duties can apply a small brake on growing levels of inequality in our communities.
Until 1979, many Australian governments gained substantial income through various forms of death or estate duties.
Australia’s growing gap between rich and poor, and the gap between government income and demand for government supported services, can both be partially addressed by applying a form of estate duty on the richest 1% in our communities.
A targeted 35% estate duty on all estates over $10 million (with appropriate exemptions) would raise substantial new government revenue and stimulate philanthropy.
ATO figures suggest over 25,000 people have assets above $10 million. If 4% of these families paid 35% in estate duties, it would equate to a minimum revenue of $3.5 billion.
- Review the generous tax concessions provided to gaming, catering, entertainment and hospitality income for mutual organisations, especially licensed clubs.
The mutuality principle that rightly applied in the late 1800s in Australia is no longer appropriate or consistent with existing taxation arrangements, particularly for organisations involved in gaming. Large licensed clubs that act as gaming venues should not be able to treat over 75% of their income as tax free, especially when they have not satisfied the basic requirements of being a not-for-profit organisation that exists to provide a public benefit. As pointed out in the Not-for-profit Tax Concessions Working Group Report (May 2013), concerns with the current application of the mutuality principle include:
– integrity concerns about member and non-member receipts;
– competitive neutrality concerns where mutual organisations are trading in competition with taxable businesses;
– social policy concerns about significant gambling and hospitality receipts of some organisations, which are not subject to income tax at the Commonwealth level; and
– concerns about private member benefit.
It is recommended, on public benefit grounds, that the tax law should be amended to treat all member and non-member income of mutual organisations as assessable for taxation purposes in line with normal income tax principles.
If this recommendation is not supported, all income from gaming, catering, entertainment and hospitality trading activities of mutual organisations should be treated as assessable.
It is difficult to justify the hundreds of millions of dollars of tax concessions provided to large licensed gaming clubs based on the mutuality principle. It is time to review these concessions taking into account any unintended consequences on mutual organisations that do provide a real benefit to members.
CCA anticipates this measure could generate significant additional government revenue.
Budget implications (costings)
CCA acknowledges the need to ensure an effective economic framework for all Australian governments that serves the needs of our various communities. We also acknowledge that COVID-19, climate change, an increase in natural disasters, inflation and global events have created new challenges for governments and for budgets.
In considering the specific budget implications of the nine key measures outlined in this submission, CCA has taken a relatively conservative approach to the projection of new income and expenditure for government. Given the complexity of some of the proposed measures and the lack of data about others, the initial costs and benefits outlined in this submission represent a starting point for further discussion and more detailed economic modelling.
CCA believes the measures proposed in this budget submission will over time generate significant revenue as well as long-term savings for governments, NFPs and the communities they serve.
Conclusion
This submission promotes Federal Government measures to strengthen the charities and NFP sector and deliver sustainable economic and social benefits for governments and our communities.
Never has there been a stronger case for investment in the charities and NFP sector to build more resilient communities through greater engagement in our society and our economy.
Many individual not-for-profit organisations (including CCA members) will be seeking to have the Federal Government fund specific measures for the benefit of their own causes and communities. Most of these budget proposals from the not-for-profit sector are important and have real merit.
It is important to note that CCA does not see increased giving as a cost to government but a benefit to the communities we all live and work in. It is counter-productive to treat increased philanthropy and social impact investment as a government loss of potential tax income or ‘foregone revenue’. The whole community benefits when individuals or organisations choose to direct their resources into strengthening communities, increasing economic and social activity, and improving health and wellbeing. This is particularly the case if the money involved avoids the significant transfer costs of moving into, through, and out of government. Philanthropy and social investment are about encouraging greater ownership of local issues by enhancing the role of charities and NFPs.
The times we live in present us all with many challenges. Inequality continues to rise in Australia. We need fairer and more inclusive ways to strengthen our communities and our environment, and more impact investment to grow the capacity of charities to make a positive difference across Australia. Estate duties, an investment fund and the French 90/10 rule are three examples of sustainable policies that have the potential to be transformative.
The NFP sector is too large and too important to be left on the margins of economic debates and major policy reforms within Australia, especially in difficult times. Government investment in enabling NFPs to be more efficient and effective will ultimately deliver stronger, more resilient and productive communities across Australia.
The Federal Budget is the most important policy document a Federal Government produces. Recognising the role of the charities and NFP sector through implementation of the measures outlined in this submission will translate into a fairer budget that will increase sector productivity and growth, benefitting all Australians.
CCA Federal Pre-Budget Submission 2025/26 Read More »
Secure Jobs, Better Pay Legislative Review
Secure Jobs, Better Pay Review
Secure Jobs, Better Pay Legislative Review
Submission to: The Review Panel - Department of Employment and Workplace Relations
Introduction
This brief submission outlines Community Council for Australia (CCA) concerns and issues in relation to the impact of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Secure Jobs, Better Pay Act) and of the amendments made by Part 16A of Schedule 1 of the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Closing Loopholes Act) as part of the Secure Jobs, Better Pay Review.
It’s important to note that this submission doesn’t override the policy positions outlined in any individual submissions from CCA members (see attached listing).
The content of this submission includes: a brief background to CCA; an overview of the current issues for the charities and not-for-profit (NFP) sector; a listing of our key concerns with the new impositions on charities and NFPs, and a conclusion.
CCA welcomes the opportunity to have input into this important review of workplace legislation that has a huge impact on our sector.
CCA is more than willing to engage in detailed discussion about any of the points raised in this submission.
The Community Council for Australia
The Community Council for Australia is an independent non-political member-based organisation dedicated to building flourishing communities by enhancing the extraordinary work undertaken by the charities and not-for-profit sector in Australia. CCA seeks to change the way governments, communities and not-for-profits relate to one another. It does so by providing a national voice and facilitation for sector leaders to act on common and shared issues affecting the contribution, performance and viability of NFPs in Australia. This includes:
- promoting the values of the sector and the need for reform
- influencing and shaping relevant policy agendas
- improving the way people invest in the sector
- measuring and reporting success in a way that clearly articulates value
- building collaboration and sector efficiency
- informing, educating, and assisting organisations in the sector to deal with change and build sustainable futures
- providing a catalyst and mechanism for the sector to work in partnership with government, business and the broader Australian community to achieve positive change.
Our success will drive a more sustainable and effective charities and not-for-profit sector in Australia making an increased contribution to the well-being and resilience of all our communities.
Context: charities, not-for-profits
The charities and NFP sector encompass over 600,000 organisations – from large to very small – supporting and enhancing our society and contributing over 6% of GDP. Australia’s 50,000+ charities employ over 1.4 million staff (around 11% of Australia’s workforce), mobilise over 3.5 million volunteers and collectively turn over more than $200 billion each year.
These facts tell only a small part of the story. The real value of the charities and NFP sector is often in the unmeasured contribution to Australian quality of life. Charities and NFPs are at the heart of our communities, building connection, nurturing spiritual and cultural expression, and enhancing the productivity of all Australians. Collectively, they make us a more resilient society.
COVID19 highlighted the critical role played by charities and NFPs in Australia. Government acknowledged this role in extending a modified form of JobKeeper payments to charities as well as supporting increased giving during the pandemic. These measures were important to many charities, but the impact of inflation and economic pressures make the years ahead incredibly challenging.
At a time when we need to support resilience within our communities, the Australian Charities and Not-for-profit Commission Charities Report from 2022 found that increases in costs are roughly double increases in revenue across the charities sector. This cost squeeze is compounded by uncertain income streams and reduced access to volunteers. These costs and income trends are likely to be applicable not just to charities, but the whole NFP sector.
At the same time, charities and NFPs are required to invest in critical capacity building, including training of staff and volunteers, data storage and use, and adaptation to respond to climate change.
In fact, there is an expectation from government and the community that charities and NFPs will protect their personal information, invest in their capacity to address cybersecurity issues and prevent scams that might see charitable funds captured by fraudulent actors targeting what they may see as a vulnerable individuals and organisations. Yet there is no investment or support being provided to the broader NFP sector to undertake this important work.
A similar approach of not being prepared to pay what it takes seems to apply in the area of workplace obligations.
While Australia’s charities and NFPs represent a social and economic strength, a failure of government and funders to invest in organisational capacity, including in the sector’s capacity to appropriately remunerate staff, acts as a handbrake on sustainability and realising more benefits for our communities.
Given the size of the sector, its critical role in our community and the foundation it provides to achieve so much more, the Federal Government should prioritise strategic investment in the charity and NFP sector.
As the Assistant Minister for Competition, Charities and Treasury said pre-Election, The future of the charity sector is too important to our economy and our communities to grow and develop without planning or strategic investment. Even a one per cent productivity increase would add $1.4 billion to the resources available to the sector, creating more jobs and providing services to more Australians. (Labor to ensure strong future for Australia’s charities – Media Release, 22 April 2022)
Key Issues with the Secure Jobs Work, Better Pay legislation
It’s important to note that CCA, our members, most charities and NFPs have no problem with the policy intent of this legislation, but CCA does have a problem with the impact it has had on many charities and community organisations already struggling to meet employment costs that are increasing faster than their income.
CCA note that as a peak body we raised concerns about the impact of this legislation before it was finalised and have advocated for changes once it came into operation.
As a consequence of our advocacy for an exception in relation to fixed term contracting of staff employed on short term contracts, an amended exception was accepted as a transitionary measure over the next 12 months.
This amendment – the Fair Work Act 2009, Fair Work Amendment (Fixed Term Contracts – Exceptions Measures) Regulations 2024 – came into force on 1/11/24.
The amendment allows registered charities to contract staff on fixed term employment agreements for the delivery of programs and projects funded by government or philanthropy and align the length of the fixed term employment contract to the length of the fixed term funding provided.
There are a number of conditions to this exception including that the contract is not five years or longer, and the contracted employee has not been employed continuously in any role by the charity for seven years or more. If either of these conditions are met the charity needs to offer permanent employment to the staff member. CCA believes these conditions on the exception are appropriate.
CCA believe this amendment relating to charity fixed term contracting needs to be permanently incorporated into the Fair Work Act 2009.
What follows in this submission is an outline of why this amendment is so critical to Australian charities.
- Charities employ 11% of Australia’s workforce – in excess of 1.4 million Australians
While charities are not seen as major employers compared to small and big business, the reality is that the charities sector is bigger than most industry groups including mining, tourism, agriculture, construction, etc. in relation to the number of people the sector employs.
- Charities that employ staff operate largely on short-term contracts
Most charities are volunteer run micro-organisations that employ no staff, but those that do tend to operate on relatively short-term funding contracts from governments or philanthropic grants. The overwhelming majority of these contracts are for less than three years, some are annual or shorter, some are two-year contracts. A three-year contract in the charities sector is seen as longer-term funding. In fact, some government departments and agencies see short-term contracts as a positive risk management strategy.
The other major contribution to the $200+ billion annual turnover of charities is income earned through fundraising events and services provided.
- Many charity employees are employed on fixed term contracts in line with the funding cycles of the programs they are employed in
The main reason the Secure Jobs Better Pay legislation negatively impacted so many charities is that it limits the way charities can contract their staff. A key provision of the substantive (pre-amendment) legislation is that, assuming no eligibility for any of the exceptions, staff who have had two successive contracts of employment cannot have a third contract and must either be given a permanent staff position or no longer remain contracted to the organisation.
In CCA’s consultations with members, CCA was given many examples of how the legislation would negatively impact charities. Here are just two examples:
One example involved a medium sized charity that received 12 months funding for an innovative new project. The project was working well, and a second 12-month funding grant was obtained. Then the charity was offered the possibility of gaining further substantial and possibly longer-term funding for the program provided they continued to run the program for a further four months to allow for an independent evaluation of its effectiveness.
Under the new workplace legislation this would require the charity to put the existing project staff on permanent employment contracts because they had already been contracted twice in the same roles, even though only four months of funding was guaranteed. The skills of these staff were part of what made the program effective. Should the charity take the risk?
In another example, a charity with approximately 100 employees received most of its staffing budget through annual government funding. This funding was usually not confirmed more than a month in advance of the end of the contract period. To meet the obvious risk in this kind of funding, all employees in their 12 month funded programs were on 12 month contracts – aligned to the funding cycle. This had been the practice for more than three years.
The charity always endeavoured to treat and pay staff as though they were permanent employees including paying redundancies when positions were lost. However, if the charity had to put all staff on permanent employment contracts – as it would under the Secure Jobs Better Pay legislation – it would need to set aside approximately half a million dollars to meet all redundancies. Otherwise they might be deemed to be technically insolvent. To achieve that kind of cash flow saving, the charity would have to significantly reduce both staff and programs.
- Good governance demands appropriate risk management in relation to employment contracts – and that often means fixed term contracts
Charities need to meet their governance obligations under the Australian Charities and Not-for-profit Commission governance standards. Many charity Boards and Audit and Risk Committees see one of their key roles as minimizing the risk of a charity trading insolvent.
Charities do not generally have access to debt financing. Few charities hold a line of credit or significant reserves of capital. In fact, it’s not good practice to accumulate significant reserves. Charities have a responsibility to use their resources to achieve their purpose and provide a public benefit.
Using fixed term employment contracts in alignment with fixed term funding contracts is often the most effective and efficient way for charities to manage the risks associated with uncertain funding, without compromising staffing numbers or services to their communities.
- The reality of charity funding is not changing anytime soon
In an ideal world, all charities would be funded to a level that would enable them to employ staff in permanent roles with secure funding, or with recruitment and redundancy costs built into all funding contracts. Unfortunately, that is not the world we live in. Nor is it the world we are likely to live in when many government Departments and agencies still see short term funding contracts as a way to manage risk and ensure competition.
Conclusion
CCA does not believe the policy intent of the Secure Jobs Better Pay legislation was to require volunteer Board Directors of local charities to ensure staff who have been on more than two fixed term contracts were employed permanently from now on, even if their future funding is uncertain.
CCA also doubts that the intention of the legislation was to effectively reduce employment and services in charities and NFPs across Australia that have to rely on repeated short term funding contracts.
Changing the way charities and NFPs are funded so that there is longer term certainty in funding streams would undoubtedly promote more permanent employment, but the push back against this approach has been sustained and consistent across many government Departments and agencies.
CCA encourages all charities to employ staff on permanent contracts wherever they can, and many do despite facing funding uncertainty, but for some, this option is simply not viable.
Providing an option for charities to align their employment contracts with funding contracts enables good governance, appropriate risk management, and maximises the capacity of charities to achieve their purpose in serving our communities.
CCA believes the temporary exemption in the amended legislation should become permanent.
A failure to continue the new amended exemption will directly impact the viability of thousands of charities and translate into reduced employment and reduced services to our communities.
Secure Jobs, Better Pay Legislative Review Read More »
Inquiry into Not-for-profit Entities Tax Assessments
Inquiry into Not-for-profit Entities - Tax Assessments
Submission to: The Economics Reference Committee Senate Standing Committee on Economics
Introduction
This brief submission outlines Community Council for Australia (CCA) concerns and issues in relation to the impact of new Australian Taxation Office (ATO) requirements for every self-assessed income tax exempt not-for-profit in the country to complete an annual return.
It’s important to note that this submission doesn’t override the policy positions outlined in any individual submissions from CCA members (see attached listing).
The content of this submission includes: a brief background to CCA; an overview of the current issues for the charities and not-for-profit (NFP) sector; a listing of our key concerns with the new impositions on NFPs, and a conclusion.
CCA welcomes the Senate’s engagement with this issue. CCA is aware that this new measure is having a significant negative impact on NFPs across Australia, seemingly for no justifiable purpose.
CCA welcomes this opportunity to make a submission on this important issue, and is more than willing to engage in detailed discussion about any of the points raised in this submission.
The Community Council for Australia
The Community Council for Australia is an independent non-political member-based organisation dedicated to building flourishing communities by enhancing the extraordinary work undertaken by the charities and not-for-profit sector in Australia. CCA seeks to change the way governments, communities and not-for-profits relate to one another. It does so by providing a national voice and facilitation for sector leaders to act on common and shared issues affecting the contribution, performance and viability of NFPs in Australia. This includes:
- promoting the values of the sector and the need for reform
- influencing and shaping relevant policy agendas
- improving the way people invest in the sector
- measuring and reporting success in a way that clearly articulates value
- building collaboration and sector efficiency
- informing, educating, and assisting organisations in the sector to deal with change and build sustainable futures
- providing a catalyst and mechanism for the sector to work in partnership with government, business and the broader Australian community to achieve positive change.
Our success will drive a more sustainable and effective charities and not-for-profit sector in Australia making an increased contribution to the well-being and resilience of all our communities.
Context: charities, not-for-profits
The charities and NFP sector encompass over 600,000 organisations – from large to very small – supporting and enhancing our society and contributing over 6% of GDP. Australia’s 50,000+ charities employ over 1.4 million staff (around 11% of Australia’s workforce), mobilise over 3.5 million volunteers and collectively turn over more than $200 billion each year.
These facts tell only a small part of the story. The real value of the charities and NFP sector is often in the unmeasured contribution to Australian quality of life. Charities and NFPs are at the heart of our communities, building connection, nurturing spiritual and cultural expression, and enhancing the productivity of all Australians. Collectively, they make us a more resilient society.
COVID19 highlighted the critical role played by charities and NFPs in Australia. Government acknowledged this role in extending a modified form of JobKeeper payments to charities as well as supporting increased giving during the pandemic. These measures were important to many charities, but the impact of inflation and economic pressures make the years ahead incredibly challenging.
At a time when we need to support resilience within our communities, the Australian Charities and Not-for-profit Commission Charities Report from 2022 found that increases in costs are roughly double increases in revenue across the charities sector. This cost squeeze is compounded by uncertain income streams and reduced access to volunteers. These costs and income trends are likely to be applicable not just to charities, but the whole NFP sector.
At the same time, charities and NFPs are required to invest in critical capacity building, including training of staff and volunteers, data storage and use, and adaptation to respond to climate change.
In fact, there is an expectation from government and the community that charities and NFPs will protect their personal information, invest in their capacity to address cybersecurity issues and prevent scams that might see charitable funds captured by fraudulent actors targeting what they may see as a vulnerable individuals and organisations. Yet there is no investment or support being provided to the broader NFP sector to undertake this important work.
While Australia’s charities and NFPs represent a social and economic strength, a failure of government and funders to invest in organisational capacity acts as a handbrake on sustainability and realising more benefits for our communities.
Given the size of the sector, its critical role in our community and the foundation it provides to achieve so much more, the Federal Government should prioritise strategic investment in the charity and NFP sector. As the Assistant Minister for Competition, Charities and Treasury said pre-Election, The future of the charity sector is too important to our economy and our communities to grow and develop without planning or strategic investment. Even a one per cent productivity increase would add $1.4 billion to the resources available to the sector, creating more jobs and providing services to more Australians. (Labor to ensure strong future for Australia’s charities – Media Release, 22 April 2022)
Key Issues with the ATO NFP returns requirement and process
- The policy is a carry-over from the previous government that has evolved beyond its original purpose to impose a major burden on the NFP sector
The policy of requiring self-assessed income tax exempt organisations to provide an annual return was never meant to make small local NFPs update and use the Australian Business Register, do all the MyGov ID level 2 security process, and then complete a newly imposed assessment process.
The measure, as CCA has been informed, was always framed around risk, that is, risk of lost government revenue.
The risk of lost revenue from 140,000+ NFPs with an active ABN is negligible. Less than 20% of these organisations register for GST, less than 10% pay payroll tax, and 80% currently use no professional services in relation to tax. What we know about these groups suggests the vast majority are volunteer run, and turnover less than $50,000.
We are mostly talking about micro-organisations.
No evidence has been produced to indicate a pattern of tax avoidance amongst these organisations. If there was, the amount of tax avoided, in most cases, would be minimal.
Groups, including CCA, have supported the measure, but only with an appropriate threshold so that it’s commensurate with the level of risk – i.e. a threshold of around $1 million or even $5 million that justifies all the resources and effort required within the ATO and across our communities to pursue any possible tax avoidance.
- The Australian Charities and Not-for-profit Commission (ACNC) is the appropriate vehicle to collect information from charities and NFPs
The ACNC has for over ten years collected annual returns from all charities achieving a world leading level of voluntary compliance from charities across Australia. The ACNC has the skills, expertise, the appropriate portals and data management, and is clearly the appropriate vehicle to collect annual returns from NFPs. Part of the ACNC’s core business is to positively engage with a very diverse NFP sector.
The last independent review of the ACNC in 2018 recommended that the ACNC commence collecting annual returns from all self-assessed income tax exempt NFPs with a turnover above $5 million, and then in a second stage, collect returns from NFPs with turnover above $1 million.
From a policy and structural level it makes no sense for the ATO to be the organisation seeking to collect self-assessed information from thousands of small voluntary organisations with minimal income streams and low turnovers. The ACNC is the entity that has specialist capacity in this area.
While the ATO may strive to offer appropriate levels of support and engagement with NFPs, the task they are being asked to complete is so distant from its core business that it presents real challenges. It’s the wrong organisation to be trying to positively engage with thousands of small NFPs across Australia that have no ongoing relationship with the ATO. It’s the wrong organisation to be collecting and analysing information about the purpose of these organisations, their activities, and their role in the community.
It’s not surprising that the ATO have struggled to effectively implement strategies targeting NFPs, as we have seen.
- The process for completing the returns is unnecessarily complex and demanding
CCA has tried completing an annual return for a small tennis club. The first problem is that the person completing the return must be the nominated responsible person on the Australian Business Register.
Given that the Australian Business Register (ABR) has no active outreach to promote updating of their records, there is a very good chance that well before the organisation is able to complete the required return, they will have to step through a separate process to update the ABR. This is not always a straight-forward process.
Assuming the ABR is appropriately updated, the nominated responsible person must then log in to access the return through the MyGov website. This second process, like the first, is often not straight forward. It is made more complex because the nominated person must obtain a level 2 security through their MyGov ID. Again, this is a barrier to completing the form, and can be time consuming finding and loading the appropriate documentation.
Finally, having jumped through two hoops already, the person completing the form needs to access the form and complete the required questions. For most organisations, this last step will be the easiest to complete, but for some, it isn’t always clear exactly how to classify their purpose and activities.
Specialist lawyers and accountants have raised various issues of legal interpretation where the required form requires considered clarification, and in some cases, cross referencing to the ACNC website.
There may be serious implications in relation to the status of the organisation. Are they potentially really a charity? CCA has had representations from some NFPs, including community radio stations, that have received conflicting legal advice about whether they are charities, how they can accurately complete the return if they choose not to pursue charitable status, what changes might be needed to their constitution.
There may also be flow on implications in relation to tax liabilities, including potentially a level of retrospective tax liabilities going back several years.
- Costs to government of this measure have not been adequately addressed
CCA understands that around 10% of the ATO’s own data about NFPs in Australia is out of date or inaccurate.
It’s expected that approximately 10% of NFPs will choose to register as charities for a range of reasons, including that it seems to be easier to complete an annual return to the ACNC than to the ATO.
Limited provisions have been made to support the ACNC in addressing increased new charity registration applications resulting in a blow-out of wait times for new charity registrations as well as other implications across the ACNC of having more of their resources directed to the additional initial assessment work requirements.
Thousands of calls have already been received by the ATO help lines for this issue, and thousands of additional applications for charitable status have been made to the ACNC, yet no additional allocations were made in the Federal Budget.
This suggests to CCA that the ATO might have thought the additional costs involved in this measure would be met through additional taxation revenue collected as a consequence of forcing all self-assessed income tax exempt organisations to complete the return. If so, CCA would like to know how much the anticipated additional taxation is and how was that calculated? If not, why were there no additional provisions allocated to implementing this measure?
- The impact of this measure will be increased costs for NFPs, less volunteers, and less services in the community
Many NFPs feel uncomfortable completing an annual return to the ATO without getting professional advice. This measure has driven an identified increase in the number of NFPs seeking assistance from both accountants and lawyers. Given the relatively small budgets of most NFPs across Australia, the only way the costs of these additional professional services can be met is through increased income raising activities or reduced services to the community.
People involved in small community NFPs are invariably volunteers. Finding people to take responsibility for administering these organisations is not always easy. This measure, requiring volunteer administrators to engage with the ATO to complete an annual return, makes volunteering for roles in community organisations less attractive.
The worrying aspect of the increased administrative burden on many NFPs across Australia and the flow-on reliance on professional services is that it’s not a one-off cost, but an ongoing imposition.
Conclusion
The ATO has a very important role in Australia in ensuring fairness across our tax system.
CCA supports the ATO in this role and actively engages in consultation mechanisms including the ATO Not-for-Profit Stewardship Group. CCA has repeatedly raised concerns about this measure, but our concerns have been ignored or dismissed.
CCA believes this measure makes no policy or practical sense. The vast majority of the work involved in delivering the measure will have to be provided by small volunteer organisations that have limited capacity to complete the task.
If this measure is about the core role of the ATO, collecting taxation revenue, it should target organisations that may have significant unfulfilled tax obligations.
In practice, this measure mostly targets micro volunteer run organisations by imposing significant new obligations that are likely to produce no significant benefit to anyone.
This measure also imposes a new risk on every small NFP in Australia. If self-assessed income tax exempt organisations get their self-assessment wrong, they could find their organisation facing a retrospective debt going back years.
This risk, however remote, can and does create a chill factor for many NFPs. Even if an NFP has no likelihood of owing the ATO money, many will still seek professional support to complete the return, costing many small communities money, time, and creating an intimidating imposition on organisational administration.
If this measure is to proceed or be repeated, it should be more appropriately targeted and proportionate in only applying to organisations where the potential loss of revenue justifies the effort and cost involved.
If this measure is more about record keeping and data collection, it would be much better to allow the ACNC to fulfill its role and work constructively with NFPs across Australia, as it has already done with charities.
CCA doesn’t support the measure unless an appropriate threshold is applied, or the measure is managed more appropriately through the ACNC.
Inquiry into Not-for-profit Entities Tax Assessments Read More »
Scams Prevention Framework Exposure draft legislation
Scams Prevention Framework Exposure draft legislation
Submission to: The Treasury
Introduction
This brief submission outlines Community Council for Australia (CCA) concerns in relation to the proposed Scams Prevention Framework.
It’s important to note that this submission doesn’t override the policy positions outlined in any individual submissions from CCA members.
The content of this submission includes: a brief background to CCA; an overview of the current issues for the charities and not-for-profit (NFP) sector; a listing of our key concerns with the proposed legislation, and a conclusion.
CCA welcomes the Albanese Government’s engagement with the issue of scams, but believes the proposed legislation adopts the wrong approach and falls well short of what is needed, particularly for charities and NFPs.
CCA welcomes this opportunity to provide input into the scams legislation process and is more than willing to engage in detailed discussion about any issues this submission raises.
The Community Council for Australia
The Community Council for Australia is an independent non-political member-based organisation dedicated to building flourishing communities by enhancing the extraordinary work undertaken by the charities and not-for-profit sector in Australia. CCA seeks to change the way governments, communities and not-for-profits relate to one another. It does so by providing a national voice and facilitation for sector leaders to act on common and shared issues affecting the contribution, performance and viability of NFPs in Australia. This includes:
- promoting the values of the sector and the need for reform
- influencing and shaping relevant policy agendas
- improving the way people invest in the sector
- measuring and reporting success in a way that clearly articulates value
- building collaboration and sector efficiency
- informing, educating, and assisting organisations in the sector to deal with change and build sustainable futures
- providing a catalyst and mechanism for the sector to work in partnership with government, business and the broader Australian community to achieve positive change.
Our success will drive a more sustainable and effective charities and not-for-profit sector in Australia making an increased contribution to the well-being and resilience of all our communities.
Context: charities, not-for-profits
The charities and NFP sector encompass over 600,000 organisations – from large to very small – supporting and enhancing our society and contributing over 6% of GDP. Australia’s 50,000+ charities employ over 1.4 million staff (around 11% of Australia’s workforce), mobilise over 3.5 million volunteers and collectively turn over more than $200 billion each year.
These facts tell only a small part of the story. The real value of the charities sector is often in the unmeasured contribution to Australian quality of life. Charities are at the heart of our communities, building connection, nurturing spiritual and cultural expression, and enhancing the productivity of all Australians. Collectively, they make us a more resilient society.
COVID19 highlighted the critical role played by charities and not-for-profits (NFPs) in Australia. Government acknowledged this role in extending a modified form of JobKeeper payments to charities as well as supporting increased giving during the pandemic. These measures were important to many charities, but the impact of inflation and economic pressures make the years ahead incredibly challenging.
At a time when we need to support resilience within our communities, the Australian Charities and Not-for-profit Commission Charities Report from 2022 found that increases in costs are roughly double increases in revenue across the charities sector. This increase cost squeeze is being compounded by uncertain income streams and reduced access to volunteers.
At the same time, charities need to invest in critical capacity, including training of staff, cybersecurity, data storage and use, and adaptation to respond to climate change.
In fact, there is an expectation from government and the community that charities and not-for-profit organisations will protect their personal information, invest in their capacity to address cybersecurity issues and prevent scams that might see charitable funds captured by fraudulent actors targeting what they may see as a vulnerable individuals and organisations. Yet there is no investment or support being provided to the sector to undertake this important work.
While Australia’s charities represent a social and economic strength, a failure of government and funders to invest in organisational capacity acts as a handbrake on sustainability and realising more benefits for our communities.
Given the size of the sector, its critical role in our community and the foundation it provides to achieve so much more, the Federal Government should prioritise strategic investment in the charities and NFP sector. As the Assistant Minister for Competition, Charities and Treasury said pre-Election, The future of the charity sector is too important to our economy and our communities to grow and develop without planning or strategic investment. Even a one per cent productivity increase would add $1.4 billion to the resources available to the sector, creating more jobs and providing services to more Australians. (Labor to ensure strong future for Australia’s charities – Media Release, 22 April 2022)
Key Issues for charities with the proposed scam prevention framework
- Scams are acts of fraud and it shouldn’t be up to every charity and NFP to prevent, police and recover the costs of criminal behaviour.
The traditional ‘scam’ behaviour involves criminals pretending to be someone they are not. In the charities and NFP sector it’s not that unusual to see criminals portraying themselves as charities, whether it is dressing up in a CFA uniform and carrying a bucket seeking donations during a bushfire appeal, or creating a sophisticated online or telco presence, the criminal behaviour is the same.
It may suit banks and some governments to pretend that fraudulently obtaining funds by pretending to be a toll company (for instance) is not an act of fraud, and should be described as a kind of separate event called a scam. This is wrong at many levels. The claim that scams are not fraud is simply not consistent with the actual behaviour involved.
The act of scamming is an act of fraud. Those who experience fraud should not be held to account for the behaviour of the fraudsters. They should not be expected to police or recover money that has been obtained by criminal behaviour. They should not have to initiate their own actions to recover their losses.
- Those who hold our funds or offer communication services should bear the costs if they fail in their duty to protect our funds and prevent criminals stealing our money.
A small community organisation has very limited capacity to develop and implement strategies to reduce the ability of international crime syndicates targeting their organisations through sophisticated fraudulent activity.
Obtaining funds by deception is no different than stealing funds.
The reason charities and NFPs pay banks to use their services is about keeping their money safe. If banks fail to keep the money safe, the problem should not be shifted on to individuals, charities and NFPs.
It makes no sense that individuals, charities and NFPs who have the least capacity to pay should bear the cost of banks and telcos failing to provide safe and secure services.
- When scams occur, individuals, charities and NFPs should be reimbursed their losses unless there are exceptional circumstances (UK model).
Blaming charities and NFPs if they are the subject of international criminal activity is not only unfair, it also fails to provide an incentive for banks and telcos to ensure they fulfill their role of keeping our funds secure.
Unless there are real and significant costs involved in banks and telcos failing to fulfill their core role, there will be diminished economic incentives to actively ensure they are putting in place the most effective measures possible to prevent fraud.
In exceptional circumstances where the individual, charity or NFP has actively contributed to the fraud by not following bank procedures, there may be a case for banks to appeal to an independent body and seek not to have to reimburse losses. But this action should be paid for by the bank to ensure it is only used in exceptional circumstances.
CCA understands this is the model now being adopted in the UK.
- Governments and funders failing to provide adequate funding to charities and NFPs are contributing to the problem
Many government departments have significant budgets to train their staff in identifying potential fraud and possible hacks of their organisation.
Small businesses across Australia not only receive tax incentives for investment in these areas, but they can also access government funded programs including multimillion-dollar programs run by the Council of Small Business Organisations Australia including the Cyber Warden Program and the Stop the Hack Campaign.
Charities and NFPs have received nothing from governments to address the increasing threat posed by criminals using sophisticated frauds to illegally obtain funds.
There are no cybersecurity funds available to charities to train their staff and no funding to support these activities. This is despite charities and NFPs often holding financial information (donors, memberships, etc.) and very important personal information (details about health and wellbeing, as well as issues and events many people would want and expect to be kept private).
Whenever a charity or NFP invests in being better equipped to deal with fraud (including scams) they need to find the money by reducing other expenditure, usually cuts to the services they provide their communities.
It’s not surprising that charities and NFPs are especially vulnerable to fraud (scams) given the lack of support in addressing this issue.
Conclusion
The proposed Scams Prevention Framework is woefully inadequate and adopts the wrong approach. It fails to meet the policy objectives and may actually exacerbate scams rather than reduce them.
Scams are fraud. Scams are crimes. While it may suit banks and telcos to blame the victim of criminal actions for being susceptible to the crime, this approach is unfair and makes no economic sense.
Those who are paid to keep our money safe, who have the resources, and are clearly in the best position to prevent loss of funds to international crime syndicates, should have to meet their obligations.
The systems we put in place should promote comprehensive anti-fraud activity by banks, not give them a leave pass by outlining some principles while putting the emphasis back on individuals, charities and NFPs.
To suggest, as the proposed Anti Scams Framework legislation does, that individuals should have to launch their own investigations and actions at their own cost to recover any losses seems completely at odds with any notion of fairness or justice.
It’s important to note that part of the new UK legislation in this area is called “Failure to Prevent Fraud Legislation”. This framing of anti-scams legislation clearly communicates where the problem lies, not with individuals, charities and community organisations who have lost money to international crime syndicates, but with the organisations who are paid to keep our money and our accounts secure. When banks and telcos fail, it is totally unreasonable that individuals, charities and NFPs should bear the cost.
CCA believes the government should go back to the drafting table using the UK legislation as a starting point. APP fraud: The UK’s mandatory reimbursement requirement – Thomson Reuters Institute
Scams Prevention Framework Exposure draft legislation Read More »
COP31 – Federal Budget: Pre-Budget Submission 2024-25
COP31 - Federal Budget Pre-Budget Submission 2024 - 25
Introduction
This submission outlines key measures the COP31 Collaboration Group (CCG) believes will significantly strengthen Australia’s leadership role in addressing climate change both nationally and internationally. It recognises the opportunity for Australia to co-host COP31 in partnership with the Pacific and undertake a COP Presidency that advances the global climate agenda by integrating action on climate change to benefit our communities, our economy and our future.
It is important to note that this submission does not override the policy positions outlined in any individual Federal Budget submissions from CCG members. The focus of this submission is solely on measures to enhance an Australian and Pacific co-hosted COP31 in 2026.
The content of this submission includes: a brief background to the CCG and to COP31; a summative listing of proposed measures; further details about the costing of proposals; and a conclusion.
Australia confronts growing costs of living, global economic challenges, the impact of climate change and an increase in the frequency of natural disaster, and the enduring impact of pandemic, global conflict and other events.
A government committed to building economic strength, social resilience and productivity across our communities will actively encourage and invest in climate change leadership and action, both globally and across Australian communities. With COP31 only two years away, taking on a leadership role will require a significant investment of time and expertise to ensure COP31 is successful and effective.
CCG welcomes this opportunity to provide input into the Federal Budget process and would welcome any further opportunities to engage in more detailed discussion about any issues this submission raises.
The COP31 Collaboration Group (CCG)
Over the past nine months, a range of partners from community, business, finance, academia, climate and nature have come together to establish the COP31 Collaboration Group (CCG). Our aim is to connect people, planet, peace and prosperity into narratives, actions and advocacy to ensure that an Australian COP Presidency in partnership with the Pacific delivers for communities, for the planet, and for our future, by influencing and enhancing:
- Public discourse
- Individual and community engagement and empowerment
- Government policy, action and ambition
- Business and investment decisions
- COP31 global
CCG has collectively established working groups that pick up on these themes, including:
- People – learning from First Nations to lead for people, planet, peace and prosperity (First Nations led engagement, supported by research, amplifying First Nations’ and Pacific experience and voices)
- Community – our say, our stories, our needs, our opportunities (community engagement)
- Economy and government – transition for prosperity (the renewable and economically inclusive super-power story from investment, business, unions) and the leadership and enabling roles of government
Environment – achieving climate goals through COP31.
COP31 – the opportunity
The Albanese Government has realised that if Australia is concerned about its future, it must take a leading global role in efforts to curb climate change and help provide a platform for Pacific nations that are literally being swallowed up by rising oceans. The bid to co-host COP31 with the Pacific signals Australia is ready to take on this role and to be an authentic partner in our Pacific neighbourhood.
Just as importantly, COP31 can be a catalyst for communities, businesses, social groups, individuals and families to participate and to have conversations about climate action, leaving behind the mire of climate wars, and moving co-operatively into a new decade of opportunity.
The science is clear. We are cooking our planet and our future. Australian governments and communities are already facing the increased risk and uncertainty of a climate changing world that is increasingly impacting and threatening wellbeing, lives, livelihoods and productivity.
An Australia-Pacific co-hosted COP31 is a game-changing opportunity to embrace a whole of society approach to engagement about climate change and a resilient future. Done well, it will help ensure that the complex negotiations between nations deliver the outcomes our world needs and see the world’s biggest tradeshow and two-year COP Presidency showcase and fast track Australia’s capacity to be a global leader in climate solutions and a renewable energy super-power. Domestically, it is a golden opportunity to proactively and positively engage all Australians and communities in discussion about the impact climate change is having in our lives and to empower people to make a tangible difference.
The bid to co-host COP31 offers Australia the chance to position our nation and our economy to flourish in the global transition required to respond to climate change. It requires several critical steps. First, Australia must exit fossil fuels out of our economy, second it must seize the economic and social opportunity that the renewable revolution represents, and finally it must become a world leader in international development and global diplomacy.
These steps will transform COP31 from a UN meeting held in Australia to one in which Australia and the Pacific could lead the way in transforming world systems and climate action during this critical decade.
COP31 is our chance to deliver real change for people, the climate and nature. Real change can only be achieved by governments, communities, business and investors acting together. We start building success, by building engagement.
Proposed budget measures
The CCG are committed to ensuring an Australia-Pacific hosted COP31 in 2026 has a sustainable positive impact on climate change and integrates climate action into economic opportunity, resilience and into the lived experience of people in their families, communities, workplaces and with their governments.
To achieve this outcome will require significant Federal Government investment, particularly in the lead up to COP31.
The CCG believe the key to delivering a successful COP31 is engagement, including globally, in our Pacific neighbourhood, and at home, across sectors, and deep into our communities. We welcome the appointment of Australia’s Climate Change Ambassador and recommend the following actions to provide the foundations for local engagement to support Australia’s climate leadership ambition.
1. Establish six fully-resourced COP31 envoys.
Each COP31 envoy will develop and implement engagement strategies that deliver whole-of- sector buy-in to address climate change in each key area of the COP31 process. This will require considerable resources and the development of many partnerships across multiple sectors. There will need to be events, many forms of learning opportunities, research, campaigns, consultations, information platforms and incentive mechanisms. The envoys will need to build teams of COP31 champions to boost engagement and buy-in to COP31.
We recommend envoys in the following areas:
1.1 COP31 First Nations and Pacific Envoy
Learning from First Nations to lead COP31 for people, planet, peace and prosperity. This envoy will prioritise First Nations-led engagement that is supported by research and amplifies First Nation and Pacific experience and voices. It is not an option to ignore the experience of first nations peoples or to not address the need for climate justice.
1.2 COP31 Community Engagement, Charities and NFPs Envoy
Community adaptation, prevention and reduction of emissions, resilience, response and recovery are all critical to communities across Australia and the Pacific, and around the world. Ensuring communities and their organisations have an active role in COP31 will be critical to ensuring real and sustainable change.
1.3 COP31 Economy and Business Envoy
The engine room of change will be business decision-making and strengthening the economies of climate change action in Australia and around the world. Working pro- actively with business will be a critical aspect of developing an effective COP31.
1.4 COP31 Finance, Investment and International Development Envoy
Access to capital, climate finance and private and public sector investment will all play a pivotal role as economies adapt to a climate changing world. This envoy will work to promote the opportunities for climate investment to drive productivity and economic growth, while also ensuring a climate equity lens informs investment and public policy decision-making in COP31.
1.5 COP31 Governments and Policy Envoy
Engagement in addressing climate change needs to be a key priority for all governments and policy makers. This will not just happen without active engagement.
1.6 COP31 Environment Change Envoy
The end goal of any COP is to make the world safer and reduce the harm humans are causing. This envoy will engage with all parties to refine and promote effective action to address climate change.
Each envoy will need a budget allocation of $5 million per annum for two years, given the work required and the need to start immediately to achieve maximum impact.
In the context of the overall costs of climate change and the cost of running a COP, this is a relatively small ask of $30 million per annum to underwrite the work of six COP31 envoys.
2. COP31 Co-ordination Support
Independent of the work of the COP31 envoys, the Federal Government will need to fund co- ordination across all six envoy areas, and the linking and connecting of all the unofficial effort already started around COP31 into structures and processes to inform the actual COP31 meeting, the COP Presidency and follow-up. This is not so much about increasing engagement as ensuring different parts of the COP31 engagement work are aware of each other and collaborating towards shared goals. This coordination will support the efforts of Australia’s Climate Change Ambassador and the leadership of the Australian Government.
The allocation for this activity is $2 million per annum for two years.
3. COP31 International engagement with Non-State Actors
While this Pre-Budget Submission focuses on local engagement, non-state actors around the world will play an important role in influencing international communities and policy-makers through their participation, contributions and negotiations at COP31. A budget allocation will be required to support the critical work of Australia’s diplomatic missions and Ambassador for Climate Change in engaging with key international economic, research and civil society organisations.
The allocation for this activity is $2 million per annum for two years.
4. Research and evaluation of COP31 engagement activities and outcomes
One of the identified issues with the COP events is the lack of good monitoring and evaluation about what processes worked, the degree to which the outcomes of the COP meetings are informed by the pre-COP engagement activities, and the degree to which engagement strategies may or may not ensure ongoing commitment to COP31 outcomes.
Australia has an opportunity to implement monitoring and evaluation mechanisms to develop a better understanding of how to engage various sectors in climate change activity, and the effectiveness of that activity in shaping and sustaining outcomes. This would benefit not just COP31 but many future efforts in similar areas.
The allocation for this activity is $1.5 million per annum for two years.
Budget implications (costings)
Success at COP31 will only be achieved if the event is grounded in strong engagement across governments, business, community groups, First Nations peoples, and COP31 Pacific Island co-hosts.
The savings and benefits that could be made through Australia taking a leading role in an effective COP31 are very significant.
The total outlay of this budget measure is $35.5 million per annum, a total of $71 million prior to COP31 in 2026.
Some of these allocations may come from existing budget items including unspent funds from this budget measure: Department of Climate Change, – 20.1 13.9 5.5 4.7 Energy, the Environment and Water – The Government will provide $45.8 million over 6 years from 2022–23 to restore Australia’s reputation and increase international engagement on climate change and energy transformation issues.
Conclusion
CCG acknowledges that COVID-19, inflation and global events have created new challenges for governments and for budgets.
We contend that the biggest threat to Australia is human-induced climate change.
Taking a leadership role in COP31 will not only benefit Australia but, if done well, will help address the need for urgent action to reduce the terrible toll climate change will otherwise inflict on Australia and the world.
The Federal Budget is the most important policy document a Federal Government produces. Recognising the impact of climate change through active leadership of COP31 and a COP Presidency will deliver positive outcomes for individuals, families, communities, business and governments in Australia and around the world.
COP31 – Federal Budget: Pre-Budget Submission 2024-25 Read More »

