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David Locke Assistant Commissioner Charity Services 10 August 2012

Australian Charities and Not-for-profits Commission (ACNC) Briefing to Australian Council of Social Services (ACOSS). David Locke Assistant Commissioner Charity Services 10 August 2012. Overview. What will charities need to know and do on 1 October 2012?

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David Locke Assistant Commissioner Charity Services 10 August 2012

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  1. Australian Charities and Not-for-profits Commission (ACNC) Briefing to Australian Council of Social Services (ACOSS) David Locke Assistant Commissioner Charity Services 10 August 2012

  2. Overview • What will charities need to know and do on 1 October 2012? • What will charities need to know and do on 1 July 2013? • Overview of the registration process • Regulatory approach including education, advice, compliance & monitoring work • Difference between "one-stop-shop" reports charities provide, and information available to the public on the portal

  3. Passage of ACNC Legislation Hon. David Bradbury, Assistant Treasurer (17 May 2012): I am announcing today that charities that come under the initial phase of ACNC regulation will not be required to comply with the governance standards and financial reporting framework until 1 July 2013 with the first financial reports now beginning to fall due after 1 July 2014. The Government will proceed with establishing the ACNC by 1 October 2012 as previously announced as we are determined to deliver these reforms and we want to maintain the momentum that has been built around our reform agenda.

  4. Timeline First financial reporting year Jan 12 Mar 13 Jul 13 Oct 13 Jan 13 Mar 14 Financial reporting and governance regulations come into effect under ACNC Act New statutory definition of charity introduced into Commonwealth law ACNC Bill expected to receive assent Oct 12 Jul 14 ACNC commences operation as regulator of charities in Australia Registered charities have 6 months from 07/13 to provide basic non-financial information to ACNC Registered charities have 6 months from 07/14 to provide first full activity statement (incl. financial report) to ACNC

  5. One Stop Shop • For the public to search information on charities and to learn about the charitable sector • For funders and donors to do a financial and governance health check on individual charities • For charities to: • apply for charity registration • apply for ABN • access Commonwealth tax concessions, and • potentially access other services including state and territory tax concession

  6. Report once, use often • Charity Passport for ACNC to provide commonly required data across government. This data will come from registration and Annual Information Statement • Annual Information Statement will keep Register up to date and provide ACNC with data on charitable activity, finances and governance • Financial Reports for medium and large charities will differ for different types of charity – subject of major project between ACNC & Tsy

  7. What will charities need to know and do on 1 October 2012? Charities that were registered with the ATO prior to 1 October do not need to take any action unless: • They wish to opt out of registration (not religious institutions) on the approved form by 1 March 2013. • Religious institutions which are self-assessing as income tax - exempt and not endorsed as a PBI or HPC will need to notify us of their type and subtype in an approved form within 12 months of ACNC commencement

  8. Communicating with the ACNC All Registered Charities must notify the Commissioner on an approved form within 28 days (or 60 days if a small charity) if: • Your charity changes it's name • You change your address for service (ie to receive correspondence from the Commissioner) • The office bearers of your organisation change • You want to change your governing rules • Your charity ceases to be compliant with the Act

  9. What Charities need to know and do 1 July 2013 - All registered charities will need to provide to the Commissioner: • An Annual Information Statement by 31 December 2013 for 2012-13 financial year unless you have a substituted accounting period in which case it is 6 months after due date 1 July 2014 - Medium and large registered charities will need to provide to the Commissioner: • A financial report by 31 December 2014 for 2013-14 financial year unless you have a substituted accounting period in which case it is 6 months after the due date

  10. www.acnc.gov.au

  11. Registering charities Dynamic online form to collect information to: assess an organisations eligibility to become a registered charity display on the public portal enable the Australian Taxation Office to assess an organisation’s eligibility for tax concessions

  12. ACNC Register From 1 October 2012 the register will display a registered charity’s: Australian Business Number name state a link to the organisations record on the Australian Business Register

  13. Public Register

  14. ACNC Register From 1 October 2013 additional information on the public register will include: contact details charitable purposes date of effect of registration governing rules name and position held of the office bearers notices served on the charity other information information statements financial reports (2014)

  15. ACNC Register Examples of other information that may appear on the register that charities choose to include activities and beneficiaries all locations of operations annual reports data about the charities individually and collectively

  16. Education, Guidance and Compliance • Provide timely information, guidance and advice services for the sector and the public online, by phone and email • Provide searchable register of data on charities • Assist charities meet obligations, but monitor compliance and investigate regulatory breaches • Maintain, protect and enhance public trust & confidence in the Australian NFP sector

  17. Website guidance and information Practical, plain language guidance materials for the sector on the website Supported by Advice ervice help by phone 13ACNC or email advice@acnc.gov.au Face to face engagement

  18. Education and guidance

  19. Regulatory approach • Light-touch, risk-based, evidence-based approach • Timely accessible information, guidance and education • Ongoing engagement with the sector • Use of graduated powers, and opportunities for self-correction • Regulatory Principles: relevance, proportionality, consistency, transparency, timeliness. • Consultation on regulatory approach post passage of legislation

  20. Compliance

  21. One-stop-shop reports and information on public portal • The Commissioner is to maintain the Register (40-5 details the information to be provided publicly) • The Commissioner may withhold or remove information from the register (40-10) in certain circumstances. • Charities can request information be withheld from the register = public interest Vs relevant factors such as safety.

  22. Thankyou Comments or Questions Email David.Locke2@ato.gov.au Web http://acnctaskforce.treasury.gov.au Social media Facebook, YouTube, Twitter, LinkedIn

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