Not-For-Profit Newsletter – July 2015
Published on July 28, 2015 by Josephine Heesh and Patricia Monemvasitis
Welcome to the July Not-for-Profit Newsletter.
In this edition we report on:
- Release of the Health Promotion Charities ACNC Interpretation Statement
- Investigation of the Plymouth Brethren Christian Church by the UK Charities Commission for alleged political involvement in the UK General Election.
- The recent Metadata Retention Laws – what do they mean, what effect will they have?
Please contact us with any queries.
The Carroll & O’Dea Not-for-Profit Law Team
Health Promotion Charities: ACNC Interpretation Statement
We attach the final Commissioner’s Interpretation Statement on Health Promotion Charities which came into effect on its approval by the Commissioner on 12 May 2015. It is now available on the ACNC website here.
Before publishing the statement ACNC consulted widely including with the ACNC Advisory Board, the ACNC Professional User Group and the ACNC Sector User Group as well as seeking public consultation through its website and other communications. It received submissions from members of those groups, as well as individual charities, peak bodies, legal and accountancy practitioners and medical research institutions.
ACNC reported it gave careful consideration to all of the submissions received. ACNC accepted some improved drafting or clarifications and also provided additional examples to assist understanding. Several submissions invited it to take a broader view of the concept of “health promotion”, which was more consistent with evolution in international work in the health promotion field. ACNC were constrained by to the description of a health promotion charity as set out in the table in s.25-5(5) of the Australian Charities and Not-for-profits Commission Act 2012 (C’th) which had been developed as a tax concession category, rather than as a concept in charity law.
Author: Josephine Heesh
Plymouth Brethren Christian Church
In an article published in The Times on 6 May 2015, which is now the subject of a legal complaint, it was alleged that the Plymouth Brethren Christian Church had “been leafleting for Conservative candidates in key marginal seats and offering prayers for a Tory victory” in the lead up on the recent UK general election. Such actions were said to have taken place in the constituencies of Yeovile, Chippenham and Montgomeryshire. The UK Charity Commission is currently investigating the allegations, as such actions would contravene a charity’s duty not to “undertake party-political campaigns”.
Author: Merryn Lynch
The New Metadata Retention Laws – what does it mean for you?
Earlier this year, on 13 April 2015, the Telecommunications (Interception and Access) Amendment (Data Retention) Bill (DRA) was granted Royal Assent and commenced as part of the Telecommunications (Interception and Access) Act 1979 (Cth) (TIAA). There has been much controversy over these laws particularly over privacy concerns in light of the increased surveillance and access to metadata that the laws provide to government agencies, but also much confusion over what exactly is being monitored, by whom and what it all means for the average internet user. This article provides a breakdown of the issues.
Authors: Patricia Monemvasitis & Kim Leontiev
