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Feature Article

#fixfundraising

April 2017

Last week, we saw charities and sector leaders and advisors write an open letter to our Prime Minister, Premiers and Chief Ministers imploring them to #fixfundraising. Their letter calls for the creation of one uniform fundraising regulatory regime as part of the Australian Consumer Law (ACL). Prolegis fully supports this proposed reform, whilst also identifying a number of practical and policy issues that will require attention so that no unintended consequences arise for the charity and not for profit sector.

Prolegis fully supports major reform to our States and Territories’ existing laws around fundraising. These laws are outdated and often contradictory. They have neither kept up with, nor efficiently regulate, the fundraising practices we commonly see today. These practices include Australia-wide fundraising, peer-to-peer fundraising by individuals reaching out to their own networks and, business to customer fundraising, where businesses fundraise as they sell products and services for causes they have chosen to support, much of which now takes place on the web. In this opinion piece we highlight areas of concern with the existing laws and identify some of the questions that will need to be considered in adopting one uniform regulatory regime under the ACL.

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Insights

The responsibilities placed on organisations, including charities and not for profits, to protect personal information continues to be a point of sharp focus for governments and regulators. This update provides information concerning two recent and noteworthy developments in this area.    Read more →
The ACNC released a statement just before Christmas 2016 which clarifies how it will assess whether or not the activities of certain charities enable them to achieve or retain Public Benevolent Institution (PBI) status.    Read more →
The data breach announced by the Australian Red Cross on 28 October 2016 is the most significant data breach reported in Australia's cyber history. It provides a timely reminder for board members and senior executives of charities and the not-for-profit sector about the importance of protecting personal information they hold.    Read more →
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