Policy Documents and Submissions

Policy Documents

2022 Election Statement (December 2021)

Philanthropy Australia calls on all political parties and candidates to commit to a grand national initiative – working with Philanthropy Australia and the philanthropic, for-purpose and business sectors on a policy development process aimed at doubling philanthropic giving by 2030. Our Election Statement makes the case for how philanthropy can transform Australia and details reforms – some government-led and others sector-led – to create billions in additional funds for Australians in greatest need. The Election Statement also calls for immediate commitment to a long overdue reform – the creation of a new Item 1 Deductible Gift Recipient (DGR) category for Community Foundations, which do critical work especially in regional and rural Australia, so they are no longer prevented by red tape from supporting many charitable activities and can accept funds from Private Ancillary Funds. Available here.
 

2022-23 Pre-Budget Submission (January 2022)

Philanthropy Australia’s 2022-23 Pre-Budget Submission outlines four reforms aimed at doubling philanthropic giving by 2030.  A number are focused on cutting red tape and can be designed to be low cost, but high impact. Available here. 
 

A Blueprint to Double Structured Giving (April 2021)

To strengthen philanthropy’s critical role in Australian society, Philanthropy Australia led the development of a Blueprint which outlines how the philanthropic, for-purpose, business and government sectors can work together to double structured giving by 2030.  There is an unprecedented opportunity to harness $2.6 trillion in intergenerational wealth that will be passed from baby boomers to their children in the next two decades. If we act now, we can use this to supercharge giving in Australia. Available here.
 

Policy Priorities for a Post-COVID-19 Australia (August 2020)

Philanthropy Australia’s Policy Priorities for a Post COVID-19 Australia set out a range of reforms needed to grow giving in Australia and support charities doing important work in our communities. Available here.
 

Policy Priorities for a More Giving Australia – 2019 Election Statement (March 2019)

Philanthropy Australia’s 2019 Election statement called upon the Government, Opposition and all political candidates to support 10 policies to grow giving in Australia. We also invited our members and the wider community to support our election campaign priorities. Available here.

 

Submissions

We also actively engage in a range of policy consultation processes. We make submissions and represent the sector as part of policy processes initiated by governments and parliaments, participate in policy and regulatory forums, and collaborate with stakeholders both within the not-for-profit sector and more broadly. You can read our past policy documents and submissions below.
 

Submission – Distribution Guidelines for Ancillary Funds (13/05/2022)

Philanthropy Australia has lodged a submission to The Treasury in response to a consultation on reforms to distribution guidelines for ancillary funds. Our submission responds to the matters raised in the consultation paper, and puts forward a number of proposals aiming to enhance the effectiveness and flexibility of the regulatory framework for ancillary funds.

Read our full submission here.


 

Australian Government Consultation on Ancillary Fund Distributions

The Australian Government has released a consultation paper seeking feedback on options to improve the flexibility of ancillary funds. It canvasses two possible reforms:

  • Allowing ancillary funds to access a lower minimum distribution rate for a certain period of time, where they are seeking to accumulate funds to make a large grant and with the approval of the Australian Taxation Office
  • Allowing ancillary funds to make grants to other ancillary funds, subject to certain limitations in order to preserve the philanthropic nature of ancillary funds

Philanthropy Australia has been advocating for enhanced flexibility in relation to ancillary funds making grants to other ancillary funds. The current restrictions are a barrier to collaborative funding approaches and to enabling private ancillary funds in particular to benefit from the grantmaking expertise of community foundations and other organisations that use a public ancillary fund structure. We therefore welcome the release of the consultation paper.

Philanthropy Australia will prepare a draft submission and share it with our members to seek their input and feedback. If members have any initial views on the proposals, they should contact our Policy and Regulatory Specialist, Krystian Seibert.

 

Guidance on Changes to Electoral Laws

Amendments to the Commonwealth Electoral Act 1918, passed late last year, changed some of the disclosure and reporting requirements in relation to charities and other organisations that undertake or fund advocacy in relation to Federal Elections.

These changes do not impact the Australian Charities and Not-for-profits Commission (ACNC) regulatory framework, nor do they alter the law relating to advocacy as a charitable purpose under the Charities Act 2013 (Cth) – this remains the same.

There may be implications in terms of disclosure and reporting requirements relating to grants made for the purposes of advocacy, where this occurs in relation to Federal Elections. The Australian Environmental Grantmakers Network (AEGN) worked with Arnold Bloch Leibler to provide guidance about the changes and their impact, and Philanthropy Australia thanks Amanda Martin and the AEGN for enabling us to share this with Philanthropy Australia’s members.

Most Philanthropy Australia members are not expected to be impacted by the changes – it is important to note that the changes do not relate to all advocacy by charities, and they do not impose any new restrictions or limits on funding advocacy. However, the guidance will assist those members that fund advocacy and would like to better understand the changes.

The guidance, consisting of a presentation by ABL and a table relating to donor disclosure and reporting requirements under the Commonwealth Electoral Act 1918, is available here. If members have any questions about the changes, they should contact our Policy and Regulatory Specialist, Krystian Seibert.

Relevant resources: 

1. Electoral Act Presentation - ABL

2. ABL - When will donor details be disclosed

 

New Public Ancillary Fund Guidelines in effect (February 2022)

New Public Ancillary Fund Guidelines came into effect on 25 February 2022, replacing the previous Guidelines dating from 2011 that were due to sunset in April this year. The new Guidelines do not introduce any new regulatory requirements for Public Ancillary Funds, but focus mainly on updating the drafting and language used. Importantly, concerning changes proposed in the draft Guidelines that were subject to consultation late last year were not proceeded with.

These sought to impose additional eligibility requirements for Responsible Persons, and would have had wide ranging and harmful impacts. Philanthropy Australia took a strong stance opposing these changes, both in our submission to The Treasury and direct representations made to the Assistant Treasurer’s office. We are pleased that our advocacy efforts were successful, and appreciate the responsive of the Assistant Treasurer and The Treasury to our concerns. If you have any questions about the new Guidelines, please contact your State Manager. Read our submission here.


Submission - Remake of the Public Ancillary Fund Guidelines 2011 (9/12/2021)

Submission - Remake of the Public Ancillary Fund Guidelines 2011 (9/12/2021)

Philanthropy Australia has lodged a submission to The Treasury in relation to the remake of the Public Ancillary Fund Guidelines. Our submission raises major concerns about proposed new eligibility requirements for Responsible Persons and a number of other matters.

Read our full submission here.
 

Submission – Australian Charities and Not-for-profits Commission Amendment (2021 Measures No. 3) Regulations 2021 (15/10/2021)

Philanthropy Australia has lodged a submission to the Australian Treasury in response to proposed changes to the Australian Charities and Not-for-profits Commission Regulation 2013. Our submission is supportive of the changes, which increase the revenue thresholds used to determine a registered charity’s reporting tier under the ACNC regulatory framework, and introduce a requirement for registered charities to disclose related party transactions.

Read our full submission here.
 

Submission – Indigenous Voice to Parliament (30/04/2021)
 
Philanthropy Australia has lodged a submission in response to the Indigenous Voice Discussion Paper, calling for an Indigenous Voice to Parliament enshrined in the Constitution. We endorse the positions of From the Heart and the Uluru Statement and emphasise that it is the voices and experiences of First Nations leaders that must be listened to in terms of determining the model of the Voice that is adopted.
 
Read our full submission here.
 

Submission – ACNC Governance Standards for Registered Charities in Relation to Unlawful Activities (25/03/2021)

Philanthropy Australia has lodged a submission to the Australian Treasury in response to the proposed changes to the ACNC Governance Standards in relation to unlawful activities by charities. Our submission recommends that the proposed changes not be proceeded with, on the grounds that they will increase uncertainty for the ACNC and charities, and are not supported by a solid evidence base.

See our full submission here.

 

Submission –  2021-2022 Pre-Budget Submission (29/01/2021)

Philanthropy Australia’s submission to the Australian Government ahead of the 2021-2022 Budget. The submission reiterates our Policy Priorities for a Post COVID-19 Australia, framed within the context of 2021 and the path to economic recovery. 

Read our submission here

Submission – Review of the Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Act 2018

Philanthropy Australia has lodged a submission regarding the review of the Electoral Legislation Amendment Act. When the initial Bill was introduced into Parliament, Philanthropy Australia voiced our concerns regarding the negative impact it would have on the ability of charities to undertake issues-based advocacy. However, we have welcomed the efforts of the government to improve the Bill and address our concerns, evident in the Act as it now stands.  

Read our submission here

Submission – Requiring Deductible Gift Recipients (DGRs) to Register as Charities (10/12/2020)

Philanthropy Australia’s submission to the Australian Government in relation to draft legislation that will require DGRs to register as charities can be downloaded below. The submission recommends that certain additional types of DGRs be included within the scope of the legislation.

Download Philanthropy Australia’s submission here.
 

Submission: Mid-Year Economic Forecast and Fiscal Outlook (07/12/2020)

In the lead up to the Australian government’s Mid-Year Economic Forecast and Fiscal Outlook, Philanthropy Australia resubmitted our Policy Priorities for a Post COVID-19 Australia. Our 13 policy recommendations include actions that can be taken in the immediate term to alleviate the impact of COVID-19 on charities, as well as longer term strategies to remove barriers to philanthropy and grow a culture of giving in Australia.

Read our Policy Priorities here.
 

Submission – Charitable Fundraising Cross-border Recognition (18/09/2020)

The NSW Government is working with other Australian states and territories (except for Northern Territory) and the Australian Charities and Not-For-Profits Commission (ACNC) to examine how to reduce regulatory burdens for charitable fundraisers that operate across Australia.

A cross-border recognition model is currently being considered. The proposed model would allow a charity registered with the ACNC to be automatically deemed as holding authority in all participating Australian states and territories. The Charitable Fundraising National Working Group released a discussion paper on the proposed model and invited members of the public to provide feedback. Philanthropy Australia’s submission provides feedback on the proposed recognition model.

Download Philanthropy Australia’s submission here.
 


Submission – 2020-21 Budget (31/01/2019)

The Federal Government has called for submissions from individuals, businesses and community groups seeking their views regarding priorities for the 2020-21 Budget. Philanthropy Australia’s submission focuses on our Top 10 Policy Priorities for a More Giving Australia.

Download Philanthropy Australia’s submission here
 

Submission – Senate Legal and Constitutional Affairs References Committee Inquiry into Nationhood, National identity and Democracy (25/10/2019)

Philanthropy Australia’s submission to the Senate Legal and Constitutional Affairs References Committee Inquiry into Nationhood, National identity and Democracy can be downloaded below. The submission focuses on philanthropy’s role in democracy.

Download Philanthropy Australia’s submission here.


Submission – Australian Securities and Investments Commission Consultation on Whistleblower Policies (30/09/2019)

Philanthropy Australia’s submission to the Australian Securities and Investments Commission consultation on whistleblower policies can be downloaded below. The submissions addresses the need for an exemption for charities, including philanthropic organisations, from the new whistleblower regime.

Download Philanthropy Australia’s submission here.
 

Submission – Australian Government Consultation on the Australian Competition and Consumer Commission’s Digital Platforms Inquiry Final Report (16/09/2019)

Philanthropy Australia’s submission to the Australian Government in relation to its consultation on the Australian Competition and Consumer Commission’s Digital Platforms Inquiry Final Report can be downloaded below. The submission addresses the need for a taxation and regulatory framework which facilitates philanthropic support for public interest journalism.

Download Philanthropy Australia’s submission here.
 

Submission – Remake of the Private Ancillary Fund Guidelines 2009 (21/08/2019)

Philanthropy Australia’s submission to the Australian Government in relation to the remake of the Private Ancillary Fund Guidelines 2009 can be downloaded below. The submission addresses a number of minor matters in the draft guidelines.

Download Philanthropy Australia’s submission here.
 

Submission – Inquiry into the Implications of Removing Refundable Franking Credits (14/11/2018)

Philanthropy Australia’s submission to the Standing Committee on Economics Inquiry into the Implications of Removing Refundable Franking Credits to inquire into the implications of removing refundable franking credits is available below.

Download Philanthropy Australia’s submission here.
 

Submission – Senate Select Committee on Charity Fundraising in the 21st Century (6/08/2018) 

Philanthropy Australia’s submission to the Select Committee on Charity Fundraising in the 21st Century to inquire and report on the current framework of fundraising regulation for charities and options for reform is available below.

Download Philanthropy Australia’s submission here.
 

Submission – Inquiry into the proposed amendments to the Electoral Legislations Amendment (Electoral Funding and Disclosure Reform) Bill 2017 (27/09/2018)

Philanthropy Australia’s submission to the Electoral Matters Committee inquiry into the Electoral Funding and Reform Bill  can be downloaded below. 

Download Philanthropy Australia’s submission here.
 

Submission – Deductible Gift Recipient Reforms and External Conduct Standards (24/09/2018)

Philanthropy Australia’s submission to the Deductible Gift Recipient Reforms and External Conduct Standards for Charities Registered with the Australian Charities and Not-for-profits Commission Review can be downloaded below.

Download Philanthropy Australia’s submission here.
 

Submission – Review of the Australian Charities and Not-for-profits Commission Legislation (28/02/2018)

Philanthropy Australia’s submission to the Review of the Australian Charities and Not-for-profits Commission Legislation can be downloaded below.

Download Philanthropy Australia's submission (PDF)

 

Submission – Inquiry into the Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Bill 2017 (25/01/2018)

Philanthropy Australia’s submission in response to the Australian Parliament's Joint Standing Committee on Electoral Matters Inquiry into the Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Bill 2017) can be downloaded below.

Download Philanthropy Australia's submission (PDF)

A letter with further information provided to the Committee can also be downloaded below.

Download Philanthropy Australia's letter (PDF)

 

Submission - Inquiry Into and Report on all Aspects of the Conduct of the 2016 Federal Election and Matters related Thereto (28/09/17)

Philanthropy Australia’s submission in response to the Australian Parliament's Joint Standing Committee on Electoral Matters Inquiry Into and Report on all Aspects of the Conduct of the 2016 Federal Election and Matters related Thereto can be downloaded below.

Download Philanthropy Australia's submission (PDF)

 

Submission - Tax Deductible Gift Recipient Reform Opportunities (03/08/17)

Philanthropy Australia’s submission in response to the Australian Government's Tax Deductible Gift Recipient Reform Opportunities Discussion Paper can be downloaded below.

Download Philanthropy Australia's submission (PDF)

 

Submission - Consultation on Statistics for Volunteering and Giving  (22/05/17)

Philanthropy Australia’s submission in response to the Australian Bureau of Statistics consultation on statistics for volunteering and giving can be downloaded below.

Download Philanthropy Australia's submission (PDF)

 

Submission - Social Impact Investing Discussion Paper  (27/02/17)

Philanthropy Australia’s submission in response to the Australian Government's Social Impact Investing Discussion Paper can be downloaded below.

Download Philanthropy Australia's submission (PDF)

 

Submission - Exposure Draft of Amendments to the Private Ancillary Fund Guidelines 2009 and the Public Ancillary Fund Guidelines 2011 (15/02/16)

Philanthropy Australia’s submission in response to the exposure draft of amendments to the Private Ancillary Fund Guidelines 2009 and the Public Ancillary Fund Guidelines 2011 can be downloaded below.

Download Philanthropy Australia's submission (PDF)

 

Submission - Inquiry into the Impact of the 2014 and 2015 Commonwealth Budget Decisions on the Arts (16/07/15)

Philanthropy Australia’s submission in response to the Senate Legal and Constitutional Affairs References Committee Inquiry into the Impact of the 2014 and 2015 Commonwealth Budget Decisions on the Arts can be downloaded below.

Download Philanthropy Australia's submission (PDF)

 

Submission - Medical Research Future Fund Bill 2015 and the Medical Research Future Fund (Consequential Amendments) Bill 2015 (10/07/15)

Philanthropy Australia’s submission in response to the Senate Community Affairs Legislation Committee Inquiry into the Medical Research Future Fund Bill 2015 and the Medical Research Future Fund (Consequential Amendments) Bill 2015 can be downloaded below.

Download Philanthropy Australia's submission (PDF)

 

Submission - Tax White Paper Process: Tax Discussion Paper (01/06/15)

Philanthropy Australia's submission in response to the Tax Discussion Paper, released as part of the Tax White Paper process, is available here.

Download Philanthropy Australia's submission (PDF)

 

Submission - Inquiry into the Register of Environmental Organisations (21/05/15)

Philanthropy Australia's submission to the House of Representatives Standing Committee on the Environment's Inquiry into the Register of Environmental Organisations is available here.

Download Philanthropy Australia's submission (PDF)

 

Submission - Response to the Financial System Inquiry (31/03/15)

Philanthropy Australia's submission in response to the Financial System Inquiry's final report can be downloaded below.

Download Philanthropy Australia's submission (PDF)

 

Submission - Productivity Commission's Workplace Relations Framework Inquiry (13/03/15)

Philanthropy Australia's submission to the Productivity Commission's Workplace Relations Framework Inquiry can be downloaded below.

Download Philanthropy Australia's submission (PDF)

 

Submission - Prime Minister's Community Business Partnership (25/11/14)

Philanthropy Australia's submission to the Prime Minister's Communtiy Business Partnership, 'Early Wins to Grow Philanthropy and its Impact', can be downloaded below.

Download Philanthropy Australia's submission (PDF)

 

Submission - Financial System Inquiry's Interim Report (26/08/14)

Philanthropy Australia's submission in response to the Financial System Inquiry's Interim Report can be downloaded below.

Download Philanthropy Australia's submission (PDF)

 

Submission - Consultation on Australian Charities and Not-for-profits Commission Replacement Arrangements (20/08/14)

Philanthropy Australia's submission in response to the Department of Social Services' consultation on the proposed Australian Charities and Not-for-profits Commission replacement arrangements can be downloaded below.

Download Philanthropy Australia's submission (PDF)

 

Submission - Australian Charities and Not-for-profits Commission (Repeal) (No. 1) Bill 2014 (01/05/14)

Philanthropy Australia’s submission in response to the Senate Economics Legislation Committee Inquiry into the Australian Charities and Not-for-profits Commission (Repeal) (No. 1) Bill 2014 can be downloaded below.

Download Philanthropy Australia's submission (PDF)

 

Submission - 'Restating and Standardising the Special Conditions for Tax Concession Entities' (07/04/14)

Philanthropy Australia's submission in response to the Exposure Draft Bill to implement the measure Restating and Centralising the Special Conditions for Tax Concession Entities (Including the 'in Australia' Conditions) can be downloaded below.

Download Philanthropy Australia's submission (PDF)

 

Submission - Corporate and Markets Advisory Committee (CAMAC) inquiry into regulation of trustee companies under the Corporations Act 2001 (15/03/13)

This submission addresses: the current Corporations and Markets Advisory Committee (CAMAC) inquiry into the regulation of certain aspects of the activities of trustee companies under the Corporations Act 2001 and the “portability” of their services. 

Download Philanthropy Australia's submission (PDF) 

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