Operational Procedure: External speaking requests

This operational procedure is issued under the authority of the Commissioner and should be read together with the Australian Charities and Not-for-profits Commission (ACNC) Policy Framework, which sets out the scope, context and definitions common to our policies.

Policy Statement

This Operational Procedure sets out how the ACNC will deal with requests to provide a speaker at an event external to the ACNC.

Context

1. We regularly receive requests to provide speakers at events, including conferences, webinars, continuing professional development events, presentations and discussion groups. This policy sets out how we manage requests for external speaking engagements.
2. Often, fulfilling these requests enhances the ACNC’s regulatory and educative role, and helps build stronger relationships with the sector. However, the ACNC must balance these advantages with other considerations, including:
   • its resource constraints, and that it may not be practical to agree to all requests
   • avoiding conflicts of interest, actual bias, and perceived bias
   • being seen to endorse views that do not reflect the views of an impartial regulator, and
   • corporate policies and public service rules around the acceptance of gifts and providing a real or perceived advantage to one group over another.

Principles

3. The ACNC will endeavour to fulfil all speaker requests that further its goal of providing education and guidance to the public and do not risk undermining the ACNC’s operations or reputation.
4. Speaking requests that have a broad reach, and are provided on a not-for-profit basis, will typically be favoured. We will generally not fulfil speaking requests that benefit a single entity (for example, by providing one charity with knowledge and access that is not available to other charities).
5. As attendance at events requires the expenditure of public funds, through direct or opportunity cost, it must be in the interests of the ACNC as an impartial regulator.
6. The ACNC encourages the use of technology to deliver presentations where appropriate.
7. Event organisers may express a preference for a specific individual from the ACNC. The ACNC will consider these preferences but cannot commit to meeting them. The ACNC must use its resources appropriately and effectively, and be mindful that subject matter experts within the ACNC will often be best placed to speak on complex subjects.
8. The Commissioner complies with guidance published by the Australian Public Service Commission in relation to receiving and declaring gifts and benefits. A register of gifts and benefits received by the Commissioner is available on our website.
9. ACNC staff comply with all Australian Taxation Office (ATO) policies and chief executive instructions regarding gifts and benefits, including the ATO’s Gifts, Hospitality or Other Benefits Chief Executive Instructions (Gifts CEI).

Receipt of requests

10. Requests should provide sufficient information to enable a decision to be made. In particular, they should:
    • set out the particulars of the event (date, time, location, format, structure etc.)
    • explain the purpose of the event (including topics or agenda items), the likely composition of the audience, and whether there is a fee to attend the event
    • include a brief summary of the mission and values of the event organisers, or a link to a relevant website that contains this information, and
    • if an ACNC representative will be appearing as part of a panel or roster of speakers, include the names of the other panellists.
11. A speaker request form can be provided on request. It is not required for organisers to complete this form, however completing the form will allow the ACNC to consider the request more effectively.

Deciding to accept or decline requests

12. Deciding whether the ACNC should accept or decline a speaking request is at the discretion of the Commissioner or their delegate. They may consider any factor they believe is relevant, which may include whether the event:
    • is free of charge for attendees
    • will involve minimal direct or opportunity cost to the ACNC
    • will be attended by a large number or wide variety of charity representatives, professional advisors to the sector, or key stakeholders.

Travel to and from attending events

13. If it is proposed that these costs be subsidised or sponsored (in part or in full) by the event organiser or a third party, staff must review and comply with the Gifts CEI. As set out in the Gifts CEI, as far as possible, ACNC staff should decline any gifts or payments for attending or speaking at an external event. Sponsored events, travel and/or accommodation should also be declined, unless there are exceptional circumstances and the arrangement is approved, in writing, by the ACNC Commissioner. Exceptional circumstances are defined in the Gifts CEI. Any gifts, benefits, or hospitality should be reported in accordance with the Gifts CEI.
14. If these costs are to be met by the ACNC, they must be justified by a business case or operational need.