Senate debates

Monday, 2 December 2019

Documents

Charity Fundraising in the 21st Century: Select Committee; Order for the Production of Documents

12:40 pm

Photo of Tony SheldonTony Sheldon (NSW, Australian Labor Party) Share this | Hansard source

Just today we've had a debate about inequality, and one of the things that's particularly important in dealing with inequality is the charitable sector. We've seen growing inequality. We've seen more people needing the services of charity. And what's the government's response? They've failed to deliver. I'll put it this way: in the first 12 months after this report came out there was an election, so that was 12 months when they were too lazy, and in the last six months it has come down to incompetence. This is $15 million that could be spent on supporting our communities. And that's the minimum, saying nothing of the time, effort, resources and frustration of the charity sector, which puts valuable effort into its fight to bring inequality to heel. This government has failed to deliver. It's leaving the community in the dark. Who would have known that the issue of charity fundraising would be so controversial in the inner workings of the government for it to be unable to respond in the most simple of ways to a review.

Over 18 months ago, the government received the Australian charities and not-for-profits commission legislative review, a review with over 30 recommendations that would have seen a harmonising of charity fundraising, giving the sector certainty and assurance for the future. It's not like the government hasn't had warning that the issue needs to be dealt with. There have been many discussions. There have been many representations. There have been many consultations. It's clear what needs to be done. But the first thing that has to be done is that the government needs to act.

My colleague Senator Bilyk chaired the Senate Select Committee on Charity Fundraising in the 21st Century, a committee that provided the bipartisan and unanimous recommendations that the federal government implement and achieve a national harmonised fundraising law within two years. These recommendations were supported by the Liberal members of the committee: Senators Abetz and Stoker. That committee's work was finished more than nine months ago and the government hasn't responded to that committee either.

This sector needs an overhaul and regulation going forward. It's interesting that, when the government look at red tape, they often look at red tape when it's somebody's rights—that is, when it's something you have to take off them because it's getting in the way. But on this occasion this is red tape that can actually release the opportunity for charities to go out into our communities and spend those resources on lifting our community. That's red tape the government doesn't want to act on. When you've got red tape that takes away people's rights, they act quickly; when you've got red tape that can actually lift the community, they act slowly. And that goes to the heart of what has made this government tick these last seven years.

Clearly, they went to the last election without any idea of having a policy about what they were going to do. We've just heard that we're now going to have to wait approximately another nine months. Isn't this just absolutely incredible? The government is dealing with red tape—the red tape champions. When it comes to rights, we know what they champion: taking them away! We've seen this in the government's announcements in a number of other areas, such as modern awards and unfair dismissal protections. But they're also slow in dealing with other issues of red tape and in actually putting laws and regulations in to protect people—certainly, people in workplaces and the Migrant Workers' Taskforce; it still hasn't been acted upon. Senator Bilyk raised a series of questions.

The current scheme is out of date and a throwback to the time before the internet. It is out of date; it needs an overhaul! It's obvious. Why is the government so intent on making the work of charities more difficult? The government didn't actually come in here and give an explanation of their incompetence, they just said what they weren't going to do and how long it might take. This is absolutely appalling. It's appalling and it's incompetent. It's lazy and it's inefficient.

Senator Bilyk mentioned previously that there is a cost to the government's failure to act. Research by Deloitte Access Economics found that charities are spending upwards of $15 million a year, as I mentioned, in attempting to comply with seven sets of regulations. And some suggest this figure is on the lower end of what those unharmonised regulations are costing. As I said, $15 million in charitable funds are not going to good causes because of the government's failure.

But the government's failure to deliver a response to the review isn't the only instance of neglect by this government with regard to charities. They've had six ministers for the charities in six years. Now that's heart and soul, isn't it? Doesn't that really go to the heart and soul of what makes this government tick? It's the pass that keeps being passed. You'd think you'd find somebody in six ministers who would actually say: 'I'm going to make sure that this works. I'm going to make sure I deliver for our communities.' You'd think you'd find somebody with the passion and the drive to do that, wouldn't you? And yet we're still waiting for responses.

The government has been dragging its feet way too long in fundraising reform. Organisations have been forced to deal with outdated fundraising laws that have varied from state to state, and this is not just a number on a page; it means that real people are getting less help. Right now there are charities supporting communities devastated by drought and bushfires, and who are helping out families who are struggling to get by. They have less to work with because Scott Morrison and his charities ministers are dragging their feet. I can think of a pile of people who would say, 'I want to be a minister.' I hope that there are actually some people on the other side who want to be a minister—people who want to pull their finger out and make some changes. I would be congratulating them if they actually got off their backsides and started doing something that makes a difference for these charities and that makes a difference for all of our community. But, no, they're not clamouring to get on board and do something; they just can't wait to get off board. They can't wait to jump ship to something else, because this is just not a priority for this government.

The Senate committee fundraising report recommended that parliament reform this over two years ago, as I said. Fundraising reform advocates want a nationally consistent, fit-for-purpose charitable fundraising regime created by repealing the state and ACT legislation. It requires the government to start acting on inequality. It requires the government to start acting on what the charities have called for. It requires the government to look at the ACNC review, to harmonise charity laws and to harmonise fundraising—to give the capacity to the community to go out and make that difference that so many of them are making.

It must be horrific, if you're sitting there in a charity and waiting 18 months now—it will be two years on the timing the minister has just given us—saying: 'This government just doesn't care. I'm out there slogging away, as a charity worker, to make a difference.' You're seeing mums and dads in difficult situations. You're seeing people in horrific circumstances. I certainly wouldn't suggest that anybody in this House doesn't have a commitment in one form or another—I would question whether it is sufficient—for the victims of the bushfires. But commitment is more than just a hollow group of words. Commitment is more than just a press statement. Commitment is more than just turning around and biding your time—

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