The Fine Line Between Australian Charity Advocacy & Campaigning

Introduction

For Australian charities and not-for-profit organisations, advocacy and campaigning are powerful tools for achieving social change and furthering their charitable purpose. Engaging in public debate is a legitimate and effective way to raise awareness for important issues, particularly in the lead-up to a federal election when public discussion is at its peak.

However, there is a fine line between permissible political advocacy and activities that could jeopardise a charity’s registration. This guide provides essential information for your organisation’s leaders, helping them navigate the complex rules surrounding campaigning activities to ensure you can effectively champion your cause without crossing into a disqualifying purpose.

Understanding Charity Advocacy & Campaigning in Australia

Defining Advocacy & Campaigning Activities

For Australian charities, the terms ‘advocacy’ and ‘campaigning’ have specific meanings defined by the Australian Charities and Not-for-profits Commission (ACNC). These terms refer to activities aimed at securing or opposing changes to laws, policies, or practices within Australia or internationally.

It is important to note that this definition is narrower than its everyday use and does not include partisan political party activity.

Charity advocacy and campaigning activities can encompass a range of actions undertaken by a not-for-profit organisation to advance its mission. These permissible activities generally include:

Activity Type	Description
Public Policy Development	Engaging in the creation and refinement of public policy.
Legal & Policy Promotion	Actively promoting or opposing specific laws, government decisions, or practices.
Awareness & Behavioural Change	Conducting campaigns to raise public awareness, educate the public, and encourage changes in public behaviour.
Mobilising Support	Using rallies and other actions to mobilise public support for a cause, with the goal of maintaining or changing existing laws and policies.

The Distinction Between Charitable Purpose & Activities

A critical concept in charity law is the difference between a charity’s ‘purpose’ and its ‘activities’. A charitable purpose is the organisation’s fundamental mission or the overarching goal it was established to achieve, and understanding charitable purpose is critical for compliance. The Charities Act 2013 (Cth) lists 12 distinct charitable purposes.

In contrast, activities are the specific actions a charity undertakes to work towards its purpose. For instance, a charity with the purpose of advancing social welfare might hold a bake sale to raise funds for homeless shelters. The bake sale is the activity, while advancing social welfare is the purpose.

All campaigning activities must be conducted solely to further the charity’s established charitable purpose, ensuring the organisation remains compliant and avoids any disqualifying purpose.

Permissible Advocacy & Campaigning Activities for Your Charity

Engaging in Public Policy & Law Reform

A charity can engage in political advocacy to advance its charitable mission. This allows organisations to promote changes to laws, policies, or practices that align with their core purpose.

Permissible government engagement activities include:

• Directly advocating to elected representatives and officials
• Making submissions to public consultations and inquiries
• Hosting or participating in relevant public policy debates
• Generating public discussion about current or proposed laws

These activities are lawful when they further the charity’s purpose. For example, a homelessness-focused not-for-profit can make submissions regarding housing laws.

Publishing Research & Comparing Party Policies

Charities can publish research and analyse different political parties’ policies when these activities support their charitable objectives. This educates the public on mission-relevant issues without becoming a disqualifying purpose.

When comparing or ranking political party policies, content must be:

• Directly related to the charity’s purpose
• Based on clear methodology and reasoned research
• Written in neutral language to avoid partisan perception
• Transparent about missing policy positions from parties

For example, an environmental charity could publish a comparison of various parties’ renewable energy policies, provided the assessment is neutral and based on reasoned arguments.

Navigating the Fine Line by Identifying Disqualifying Political Purposes

Promoting or Opposing a Political Party or Candidate

A charity must not have a purpose of promoting or opposing a political party or a candidate for political office. This is considered a disqualifying political purpose under the Charities Act 2013 (Cth) and could jeopardise your organisation’s registration with the ACNC, making ongoing NFP & charity governance & ACNC compliance vital.

While a charity’s policy position may align with a particular party, its campaigning activities cannot cross the line into partisan support. The ACNC assesses whether a charity has a disqualifying purpose by looking at its overall pattern of activities. An individual action may not be enough, but a consistent pattern of promoting a party or candidate is likely to be a problem.

Engaging in certain activities creates a high risk that the ACNC will determine your charity has a disqualifying purpose. Prohibited actions include:

Prohibited Action	Rationale / Implication
Distributing how-to-vote cards	Directly supports a specific candidate or party, indicating a partisan purpose.
Donating money to a political campaign	Constitutes direct financial support for a political party or candidate.
Producing partisan voting materials	Creating materials that explicitly ask supporters to vote for a particular candidate or party.
Attending political fundraisers	Can be perceived as providing financial support and indicates partisan alignment.

Engaging in Unlawful Activities & Actions Contrary to Public Policy

Beyond partisan politics, a charity is also prohibited from having a purpose of engaging in or promoting unlawful activities. To determine this, the ACNC examines a charity’s:

• Governing documents
• Publications
• Activities

A single, isolated unlawful act by an employee or volunteer is unlikely to be considered a disqualifying purpose for the charity itself. However, a regular pattern of unlawful behaviour, such as routinely engaging in discriminatory practices, may demonstrate an unlawful purpose.

Similarly, a charity cannot have a purpose of engaging in or promoting activities that are contrary to public policy. This category includes actions that undermine:

• The rule of law
• The constitutional system of government
• The safety of the general public
• National security

It is important to note that advocating for a change in government policy is not necessarily the same as acting contrary to public policy. For instance, a charity campaigning for a Bill of Rights, even if it opposes current government policy, is still upholding the rule of law and would not have a disqualifying purpose.

Managing Risks in Your Charity’s Political Advocacy

Financial Interactions with Political Entities

A charity must not donate money to a political party or a candidate’s election campaign. Such an action creates a significant risk that the ACNC will determine the organisation has a disqualifying purpose of promoting a specific party or candidate. This prohibition extends to attending fundraising events where the ticket price is considered a donation to the political entity.

Conversely, a charity is permitted to accept donations from a political party or candidate. However, it is crucial that the charity does not accept any donation that comes with a condition or expectation that it must promote the political donor in return. Maintaining independence is paramount in all financial dealings with political entities.

Maintaining Independence Through Staff Conduct & Event Attendance

The conduct of a charity’s staff, volunteers, and Responsible People is critical, especially during a federal election, and should be guided by clear charity & NFP employment & workplace policies. While individuals are free to support a political party or candidate in their personal capacity, they must make it explicitly clear that their views are their own and not representative of the charity.

Particular care should be taken on social media to avoid any impression that the organisation endorses a political stance.

When considering attendance at events organised by political parties, charity representatives should evaluate several key questions to mitigate risks to the organisation’s independence and reputation:

Consideration	Key Question / Risk Factor
Purpose	Does attending the event further the charity’s charitable purposes?
Capacity	Are representatives attending in a personal capacity or on behalf of the charity? If the charity pays, they are considered representatives.
Public Perception	How will the public perceive the attendance? There is a risk of being viewed as partisan.
Fundraising	Is the event a fundraiser for a political party or candidate? Attending is highly likely to be viewed as promoting that party.

Conclusion

Australian charities can effectively use advocacy and campaigning to advance their charitable purpose, particularly during a federal election. However, it is crucial for any organisation to operate within the legal framework, avoiding partisan political advocacy and adhering to ACNC and electoral laws to protect their registration.

Navigating these complex regulations requires careful planning and expert guidance. For specialised legal advice tailored to your not-for-profit’s needs, contact the expert not-for-profit and charity lawyers at LawBridge today to ensure your campaigning activities are both impactful and compliant.

Frequently Asked Questions