Australia has out of date, complex, and inconsistent fundraising laws that impose unnecessary burdens on charities, diverting precious resources away from their core missions of serving communities in need.
If charities or (in some states) other not-for-profit groups want to raise money online, they need to apply for a fundraising licence in every state. Under the existing laws, any charity with a donate button on their website might need to have a registered office in NSW and have all their board get police checks in WA (even if they are based in Tasmania!).
Australia’s fundraising laws are a mess
For over a decade, the #FixFundraising coalition has advocated for the harmonisation of fundraising rules.
Harmonising fundraising laws nationally means 60,000+ Australian charities would be freed up from debilitating red tape and be able to focus on delivering vital services, like helping communities affected by floods, working to prevent homelessness, tackling family and domestic violence, or delivering life-changing community services.
Since 2008, we’ve used data and evidence from our work advising thousands of charities to make more than 20 separate submissions to governments, inquiries, and commissions, shining a light on how fairer laws will positively impact the charity sector.
In February 2023, our #FixFundraising campaign proudly marked a monumental advocacy win with the announcement that the Commonwealth, state and territory Treasurers agreed to implement the National Fundraising Principles, a set of nationally consistent fundraising principles.
The National Fundraising Principles offer a simple solution: a single set of modern, fit-for-purpose rules for all registered charities to comply with wherever they fundraise in Australia. The change would drastically reduce the amount of costly and time-intensive paperwork charities must deal with in order to fundraise effectively.
Progress to implement the National Fundraising Principles has been painfully slow, and it remains unclear how quickly decision makers will progress these urgently needed reforms.
It’s up to state and territory governments to roll out the changes in each jurisdiction. They will only be effective if they are implemented in a harmonised way, including:
Not all states and territories have fully implemented the principles, so there is not yet a nationally consistent fundraising regime, and differences in fundraising rules across jurisdictions remain.
|
Have they released their implementation plan? |
Have they implemented the principles? |
Have they implemented the principles without amendment? |
Have they repealed or switched off all local fundraising rules for charities? |
TAS |
✔ | 🗙 | — | — |
QLD |
✔ | 🗙 | — | — |
SA |
✔ | ✔ | ✔ | 🗙 |
VIC |
✔ | ✔ | ✔ | 🗙 |
NSW |
🗙 | 🗙 | — | — |
WA |
✔ | 🗙 | — | — |
ACT |
✔ | ✔ | ✔ | 🗙 |
NT |
— | — | — | — |
Last updated: November 2024
If you’re involved in a charity or not-for-profit organisation, you can find out more about your organisation’s current legal obligations in Not-for-profit Law’s fundraising resources.
The sector needs all levels of government to prioritise implementation of the principles, and to do so in a manner which achieves the goal of national harmonisation. Together with our allies in the #FixFundraising coalition, Justice Connect will continue to hold respective governments to account to ensure these crucial reforms are implemented as soon as possible.
After the principles are implemented, we will need governments to:
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