ACNC legislation to be reviewed

The federal government has released terms of reference for a review of the legislation governing the ACNC.

Patrick McClure AO has been appointed to chair the review panel and will be joined by Su McCluskey, Matthew Turnour and Greg Hammond OAM.

The commission is responsible for maintaining, protecting and enhancing public trust and confidence in the charities and not-for-profits sector.  It supports the sector’s accountability and transparency and promotes the reduction of unnecessary regulatory obligations.

The Australian Charities and Not for profits Commission Act 2012 and the Australian Charities and Not-for-profits Commission (Consequential and Transitional) Act 2012 were gazetted in December 2012.  The legislation requires a review after five years of operation.

The panel will inquire into and make recommendations on appropriate reforms to ensure that the Acts’ regulatory environment remains contemporary, that they deliver on policy objectives and enhance the commission’s work.

The review will:

  • Examine the extent to which the Acts continue to be relevant
  • Assess the Acts’ effectiveness
  • Consider whether the powers and the functions of the ACNC commissioner are sufficient to enable these objectives to be met, and
  • Consider whether any amendments to the Acts are required.

Submissions from interested parties in response to the terms of reference are due by 28 February.  The panel must provide a report to government by 31 May.

Boards of charities and stakeholders should take the opportunity to submit and participate in the panel’s forums.

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