42. Post-ACNC Regulation of Charities

Hi. I am Greg and I want to grumble about the government's consultation on the replacement arrangements planned for when it abolishes the national charities regulator, the Australian Charities and Not for Profit Commission (the “ACNC”)

Comments on the proposed arrangements are due by 20 August, but the Options Paper the government is seeking responses to says this feedback will inform public consultations in July and August.

Now that could be an innocent stuff up, but when their submission template (which doesn’t work, BTW! [at least when this Grumble went to air]) contains a list of stakeholder categories that shows no understanding of the scope of the charity sector you really have to wonder.

Curiously, the “Centre for Excellence,” which the government previously touted as taking over the education and support functions of the ACNC is not mentioned at all, while predictably the regulatory functions will revert back to the tax office and ASIC.

I have grumbled before that getting advice and processing of applications was slow under the ATO, and that the ATO has been used as an attack dog by governments concerned about charities asking difficult questions.

And when it was in charge, the ATO did not even have an up-to-date public list of charities, despite their entitlement to significant tax concessions. And now that public database, built by the ACNC, is to be mothballed.

But of course the Bill to abolish the ACNC has not gone through the Senate yet. When a Senate Committee recently conducted an inquiry on the bill, over 80% of respondents (and almost all the charities responding) said they wanted the regulator retained.

Yet the government members of the committee just ignored all the research and reasons put forward by the vast majority and wrote a report supporting the abolition – and so we have this latest consultation.

And no doubt there will be charities and not-for-profit organisations lining up like sheep to comment on the new proposal. You know the format: “thank you so much for the chance to comment on this important proposal”; “we appreciate the government’s intention to support charities”, etc etc.

Bah, bah.

Well, here is my submission:

I don’t want arrangements made to replace the regulatory body that came about after years of poor regulation, bookshelves full of government reports recommending the establishment of such a purpose-built regulator, and a broad public consultation to design a better system.

And why should I take time and effort to comment on your proposal when you have not listened to a word that the vast majority of our sector has said about the ACNC and sector regulation.

I am Greg and I am grumbling.

This Grumble can be heard online or by podcast.
First Broadcast: 8 July 2014