Legislation scrutiny body "concerned" about Government laws that silence charities

Liberal Senator Concetta Fierravanti-Wells has written to Assistant Treasurer Michael Sukkar on behalf of the Senate Committee for the Scrutiny of Delegated Legislation to express its concerns about the Morrison Government’s proposed changes to charities regulations.

The amendments hand the Charities Commissioner far-reaching powers to deregister charities for the most minor of offences – such as blocking a footpath at a vigil – or if he believes a minor offence may occur in the future.

Senator Fierravanti-Wells chairs the Committee, which assesses laws against a set of scrutiny principles, including compliance with statutory requirements and the protection of individual rights and liberties.

In her letter to Assistant Treasurer Sukkar, who is sponsoring changes to Governance Standard 3 of the Australian Charities and Not-for-profits Commission (ACNC) Regulations, Senator Fierravanti-Wells notes that the Government: "does not provide sufficient detail as to the scope of [the Charities Commissioner’s] discretionary powers, their necessity, or any relevant limitations", and asks why it is appropriate and necessary to expand the Commissioner's discretion.

The Charities Commissioner, Gary Johns, has himself said under questioning in Senate Estimates that he has seen no evidence to support the changes to the regulations being necessary.

Senator Fierravanti-Wells further notes that the Government has failed to answer serious questions about the constitutionality of the regulations, and that the regulations may "infringe the implied freedom of political communication" in the Constitution.

The Committee’s concerns reflect those of the Law Council of Australia, which says the laws “inhibit legitimate public dialogue by registered charities to the detriment of Australian representative democracy”, and others including top-tier law firm Arnold Bloch Leibler, which says that the regulations are “unconstitutional”, “unjustified” and “fundamentally inconsistent with our democratic system of government.”

The CBAA, alongside an alliance of more than 30 of Australia’s most well-established and respected charities has today welcomed Senator Fierravante-Wells’ letter on behalf of the Committee. The alliance includes Amnesty International Australia, Baptist Care Australia, UnitingCare Australia, The Fred Hollows Foundation, Oxfam Australia, Save the Children Australia, WWF-Australia, Community Council for Australia, Community Broadcasting Association Australia, Asylum Seeker Resource Centre, Australian Marine Conservation Society, Alliance for Gambling Reform, YWCA, Environment Victoria, Volunteering Australia, Grata Fund, Australian Forests and Climate Alliance, Koala Action Inc, Adult Learning Australia, Australian Pro Bono Centre, Australian Youth Climate Coalition, Asylum Seekers Centre NSW, National Justice Project, Australian Council for International Development, Australian Council of Social Service, SA Council of Social Services, TAS Council of Social Services, Lock the Gate, Friends of the Earth, Australian Religious Response to Climate Change and the Australian Conservation Foundation.

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