Not-for-profit Law is working in collaboration with some of Australia's leading professional and peak bodies to improve the state of fundraising regulation in Australia.
Read the letter to the Prime Minister and heads of government: Fix Fundraising Open Letter to the PM_4 April 2017.pdf and sign the letter here.
Read the Joint Statement on Fundraising Reform: Joint statement on fundraising reform.pdf
Watch our short (45 second) video which explains the problem - and the solution.
The Australian Consumer Law Review
The final report of the Australian Consumer Law review was published today, 19 April 2017. It confirms that ‘in many cases the activities of fundraisers in seeking donations are captured by general provisions of the ACL’, however, there is a lack of guidance on the application of the ACL (to fundraising). The report notes the immediate need for such guidance and proposes it be developed as a priority project for 2017. As a follow up, in 2019-20 it is proposed a project be undertaken to ‘assess the effectiveness of the guidance’ and that 'this project will look at how this could inform whether any future reforms are needed to enable to sector to work more effectively to the benefit of the Australian community' (page 75-76 and page 97). You can access a copy of the report here.
The report also stated that ‘some parts of the sector also suggested that the ACL should be amended so that the generic protections in particular apply expressly to fundraising. It was said that this would provide the reassurance needed to help state and territory governments reform their local fundraising laws, potentially in conjunction with enhanced self-regulatory regimes. Some stakeholders had strong views that these local laws were inconsistent, not suited to cross-border activities, online activities and crowdsourcing, and hinder the work of the not-for-profit sector. No further comment was provided on this suggestion.
We and our #fixfundraising campaign partners are currently working through a response to the report.
The proposed three simple steps to achieve fundraising reform are:
1. Clarification and minor amendments to the Australian Consumer Law (ACL) to ensure application to fundraising activities is clear and broad
2. Repeal of fragmented state and territory fundraising laws, and
3. Work with regulators and self-regulatory bodies to provide guidance to fundraisers to continue to improve fundraiser conduct.
Our recent submissions on fundraising reform