20 December 2017
Media Release - #2017023, 2017

Review of Australian Charities and Not-for-profits Commission legislation

The Government has today released the terms of reference for a review of the legislation governing the national regulator of charities, the Australian Charities and Not-for-profits Commission (ACNC), as required by legislation.

The ACNC has the responsibility of maintaining, protecting and enhancing public trust and confidence in the charities and not-for-profits sector, supporting the accountability and transparency of the sector, supporting and sustaining a robust, vibrant, independent and innovative sector, and promoting 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 both commenced operation in December 2012. The legislation requires a review to be undertaken after five years of operation. This review presents an opportunity to evaluate the performance of the legislative framework, the regulation of the sector and to identify any improvements that can be made.

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

Patrick McClure AO has extensive leadership experience across government and the not-for-profits sector, including recently serving as Chair of the Australian Government’s Reference Group on Welfare Reform.

Su McCluskey is a Director of Australian Unity Limited and the Foundation for Young Australians, and was a member of the Harper Review of Competition Policy. She also chaired the independent review of the Australian Small Business and Family Enterprise Ombudsman.

Dr Matthew Turnour is a Director and Chairman of Neumann & Turnour Lawyers, Director of the Australian Charity Law Association and Chair of the Queensland Law Society's Subcommittee for the Not-for-profit Sector.

Greg Hammond OAM is Chairman of Anglicare Sydney, a director of Opportunity International and is a former partner at King & Wood Mallesons. He was appointed as the independent facilitator to conduct consultations on the recommendations of the Senate Economic References Committee report into Cooperative, Mutual and Member‑owned Firms.

To inform the panel’s review, the Government has released a terms of reference. Written submissions from all interested parties in response to the terms of reference are due by 28 February 2018. Further information can be found on the Treasury consultation website.

The panel must provide a report to Government by 31 May 2018. The Government will closely monitor the review and its findings.