ACNC GUIDELINES ON CAMPAIGNING AND ADVOCACY

NEW ACNC GUIDELINES ON CAMPAIGNING AND ADVOCACY

Edited from a Birchgrove Legal presentation

DISCLAIMER This is information and does not constitute legal advice on your specific circumstances. While every effort has been made to ensure the accuracy and completeness of the information presented, it is not a substitute for tailored legal advice. Readers can consult with Birchgrove Legal for advice regarding their specific legal issues or concerns.

With a federal election on the horizon, your charity may be considering how it can engage in advocacy and campaigning without affecting its charitable status. In February 2025, the ACNC updated its guidance on campaigning and advocacy. The purpose of this information is to help clarify what your charity can and can’t do.

An organisation is charitable if it is a charity. An entity is a charity if

(a) It is a not-for-profit;

(b) All of its purposes are charitable2 (or incidental or ancillary to a charitable purpose);

(c) None of the purposes are disqualifying purposes.

"disqualifying purpose“ means:

• the purpose of engaging in, or promoting, activities that are unlawful or contrary to public policy; or
• the purpose of promoting or opposing a political party or a candidate for political office.

WHAT IF YOUR CHARITY DOES NOT MEET THESE REQUIREMENTS?

You risk losing your charitable status from the date that these requirements were not met. Consequences of losing charity status include:

• Loss of Tax Exemptions and Concessions: Charities in Australia can benefit from income tax exemptions, GST concessions, and fringe benefits tax (FBT) rebates. Losing charity status means losing access to these benefits.
• Ineligibility for Deductible Gift Recipient (DGR) Status: Many charities rely on DGR status to attract donations, as it allows donors to claim tax deductions. Without charity status, the organisation may also lose its DGR status if applicable.
• Reduced Funding Opportunities: Grants and funding from government bodies, foundations, and corporate sponsors often require the recipient to be a registered charity. Losing charity status can severely limit funding opportunities.
• Damage to Reputation: Being deregistered or having charity status revoked can harm public perception, damaging donor trust and community support.

PROMOTING OR OPPOSING A POLITICAL PARTY OR CANDIDATE

A charity can campaign if it is satisfied that:

• what it is doing is advancing its charitable purpose;
• its governing document (its constitution or rules) does not prevent the activity;
• it does not have a purpose of advancing a particular political party or candidate or campaigning against a particular party or candidate; and
• it does not constitute an activity that is unlawful or against public policy.

THE DON'TS

Distribute How-To-Vote Cards. A charity must not distribute how-to-vote cards for a particular candidate or political party on election day. This could be seen as actively promoting one party or candidate, which would be a violation of the ACNC guidelines.

Endorse Candidates or Parties Charities should not produce materials that explicitly support or endorse a particular candidate or party. If a charity produces material endorsing a specific party or candidate, it risks being found to have a disqualifying political purpose.

Donate to Political Parties Charities cannot donate to political parties or candidates, as this would be seen as supporting a political cause or candidate. Such actions risk compromising the charity’s non-political status.

Exclusively Invite Political Figures. A charity should avoid inviting only one candidate or party to events, as this could give the appearance of bias. Instead, inviting representatives from multiple political parties helps maintain impartiality.

Personal Support from Responsible Persons Charity directors or committee members must ensure that their personal political support is clearly stated as being in their personal capacity, not as a representative of the charity.