Advocacy is a powerful tool for charities, often as a natural extension of their mission to help others. Charities have always engaged in advocacy; be that campaigning on issues affecting their local communities, through to advocating on matters of global significance.
Importantly, ACNC registered charities can advocate for changes in law or policy, as long as this work furthers their particular charitable purpose(s) and they take a non-partisan approach.
Remaining focused on issues, not party politics, is key to what advocacy you can do as an ACNC registered charity.
If your charity plans to take a public stance or launch a campaign, make sure it links back to your charitable purpose(s). Think about how you could demonstrate that your cause is being advanced by what you are championing (as always, check your governing document and what purposes you are registered for).
For example, an environmental charity can call for reforms to conservation laws, or a health charity might advocate for better services for people with disabilities. These activities are perfectly acceptable when they advance the charity’s mission.
What isn’t acceptable is promoting or opposing a particular candidate or party.
Charities cannot have the purpose of supporting or opposing a political party or an individual candidate (this is in the Charities Act (Cth) 2013). Having this purpose would disqualify you from being eligible to remain as an ACNC registered charity.
Now that a federal election has been called, it’s important to be mindful of both why your charity is involved in the debate and how your charity conducts its advocacy. In the heat of an election campaign, even well-intentioned issues-based advocacy can be misperceived as partisan if not carried out carefully.
Plan what your charity will say on key issues, as well as who will deliver these messages. Take care about who is speaking on behalf of your charity to avoid confusion with people speaking in their personal capacity. Consider internal guidelines to keep your messaging on track; it’s going to be useful for paid and volunteer staff.
Ensure your charity’s advocacy is factual, respectful and lawful. This not only helps uphold your charity’s reputation, it helps you meet your obligations under the ACNC’s Governance Standards. Being civil and evidence-based in your public statements will strengthen your charity’s voice, not weaken it.
To support charities in this area, we recently updated our guidance on charities, campaigning and advocacy. This guidance explains how charities can engage in advocacy and campaigning, looks at which activities to avoid, and outlines key considerations during elections.
The guidance includes an FAQ section that answers common questions about political advocacy. It’s essential reading for any charity looking to make its voice heard in an election period, while maintaining compliance with our rules.
Charities also have reporting obligations under the Commonwealth Electoral Act for certain types of spending on electoral campaigns (there are monetary thresholds). If you’re engaging in federal election-related campaigning or advocacy, make sure you check these requirements early on, so you don’t have any surprises later. The Australian Electoral Commission (AEC) has guidance for ‘third parties’ and ‘significant third parties’ on its website – essentially, rules for organisations (including charities) that spend money on election campaigns.
Finally, I want to acknowledge that it is a significant time for many in our community. Our Muslim friends and colleagues have just observed Ramadan, others will celebrate Easter or Passover. These holy periods are underpinned by themes of charity, compassion and reflection.
Faith-based charities are a huge part of our sector’s story.
According to the Australian Charities Report 10th edition, more than one in five registered charities have ‘advancing religion’ as a stated charitable purpose, and many more with a faith-based motivation have long histories of providing vital social services.
From churches running food relief and shelter programs, to Islamic charities hosting iftar meals for those in need, we see countless examples of generosity inspired by faith.
As Commissioner, I’m continually encouraged by your dedication. Keep up the great work, stay true to your purpose, and remember that the ACNC is here to support you in carrying out your important mission.
Warm regards,
Sue Woodward AM