Senate debates

Thursday, 5 December 2013

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Australian Charities and Not-for-profits Commission

6:24 pm

Photo of Rachel SiewertRachel Siewert (WA, Australian Greens) Share this | Hansard source

I rise, too, to take note of the report of the Australian Charities and Not-for-profits Commission. This is an issue I have invested a significant amount of time and energy into, making sure that we had a strong ACNC. I, like Senator Stephens—and I acknowledge the amount of work that Senator Stephens did in getting the ACNC off the ground—am extremely disappointed to see the announcement today. I am also extremely disappointed to further see that the government amended their own Social Services and Other Legislation Amendment Bill at one minute to midnight to inject another provision into that piece of legislation, which they are rushing through this place next week, or trying to, and where we get less than a week to review it. They snuck in the provision to delay the start of the Charities Act 2013 in order to start doing in the ACNC. This is the bill that we passed in this place not that long ago to put in place a definition of charities and to put in certain other protections for charities, including advocacy.

Last night we had Mr Mal Brough in the other place talking about the need for transparency and accountability of not-for-profit organisations. Haven't we got a body that deals with that right now? It is called the Australian Charities and Not-for-profits Commission. On the same day his minister then introduces legislation to help get rid of the very body that increases transparency and accountability for hundreds of thousands of not-for-profit organisations that operate in this country. This is not about improved accountability and transparency of the not-for-profit organisations; this is about taking it away. When they take away the ACNC what they are doing is taking away the body that ensures that we have better transparency and accountability.

The objects of the organisation are to:

• maintain, protect and enhance public trust and confidence in the sector—

What Mr Brough was doing yesterday and today in the media was smearing the not-for-profit organisations of this country by implying that they use heaps of funds for administration. That is about smearing those organisations, undermining those organisations. The next step will be what they will do about the advocacy of these organisations. Australian not-for-profit organisations should be very concerned that this government is coming for them. By getting rid of the ACNC they are getting rid of the organisation that does ensure and build public confidence and trust in our not-for-profit sector.

The ACNC's other objects are to:

    And—get this:

      If I wanted to tie up the Australian not-for-profit sector, do you know the way I would do that? I would get the ATO to look after them. That is what the government is going to do. It is going to be getting the Australian Taxation Office to do it, because that is inevitably what is going to happen when you get rid of the ACNC. It will take us back to the dark old days when the ATO was the regulator and the decision-maker. It is a revenue raiser but it is also the decision-maker on your status as a tax-exempt organisation or DGR. That is what this government is about.

      It is pretending it is about promoting a vibrant sector. It is not; it is about putting it under more red tape. The ACNC has a statutory duty to report to parliament about cutting red tape. That is what the ACNC is supposed to be doing. Why would the government then move to get rid of it? Yes, there are teething problems, as there always are in getting an organisation started. But, as Senator Stephens said, they have now got the register started and thousands of organisations are now registered. They are getting in their information statements and they are starting to run a process that is going to be effective and working into the long term. This government is not about having a vibrant sector. It is about trying to tie them up, it is about smearing them and getting rid of thorns in their side. Nobody should be fooled about where this government is coming from.

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