AUSTRALIA
On Line Opinion
By Moira Clarke – posted Monday, 26 November 2012
It would be difficult, at this stage, for anyone to deny that the perpetuation and cover-ups of the sexual abuse of children and vulnerable adults is entrenched and systemic in certain religious institutions within Australia. It would be equally difficult to deny that the Catholic Church, ostensibly one of Australia’s leading ‘charities’, is disproportionately involved. Evidence for this has existed for years, but only now have our political leaders agreed to a Royal Commission, and only under the pressure of overwhelming public outrage.
Almost as recently, the Australian Parliament has passed a piece of legislation that has received much less fanfare. The Australian Charities and Not for Profit Commission (ACNC) was established on 1st November of this year. Its purpose is to simplify and regulate the charities and not-for-profit sector at the national level. Since religious institutions fall under this umbrella they, too, are affected by this legislation.
At this point in time, a charity is defined at common law and largely based on the preamble to the Statute of Elizabeth, passed by the English Parliament in 1601. One of the first tasks of the ACNC will be to introduce a statutory definition of charity; however, the Australian Tax Office, being a de facto regulator of charities, has already delivered its definition in October of last year, and there is little likelihood that the ACNC will take a different approach or that this will change in subsequent reviews.
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