Australian Charities and Not-for-profits Commission – Commissioner – Appointment (No. 1) 2022

Overview

The Australian Charities and Not-for-profits Commission – Commissioner – Appointment (No. 1) 2022 Instrument, dated 10 November 2022, was enacted by the Honourable David Hurley AC DSC (Retd), Governor-General of the Commonwealth of Australia, with the advice of the Federal Executive Council under section 115-5 of the Australian Charities and Not-for-profits Commission Act 2012. This legislative instrument addresses the need to appoint a Commissioner for the Australian Charities and Not-for-profits Commission, filling a leadership gap within the regulatory body responsible for overseeing charities and not-for-profit organisations in Australia. The policy objective of this appointment is to ensure effective governance and administration of the Commission, thereby maintaining public trust and compliance within the sector. The Australian Charities and Not-for-profits Commission Act 2012 established the Commission to regulate charities and not-for-profits, and the appointment of a Commissioner is crucial for the effective functioning of this regulatory framework. By appointing Susan Woodward AM as Commissioner, the legislation aims to provide stability and direction to the Commission, ensuring it can efficiently carry out its duties in oversight, regulation, and support of the charitable and not-for-profit sectors in Australia.

Scope and Application

This legislation pertains to the appointment of Susan Woodward AM as the Commissioner of the Australian Charities and Not-for-profits Commission, a role designated under section 115-5 of the Australian Charities and Not-for-profits Commission Act 2012. The appointment is made by the Honourable David Hurley AC DSC (Retd), Governor-General of the Commonwealth of Australia, on the advice of the Federal Executive Council, and it is effective from 12 December 2022 for a full-time tenure of five years. This act, as a notifiable instrument, applies specifically to the individual appointed, in this case Susan Woodward AM, and her role within the Australian Charities and Not-for-profits Commission. The geographic and jurisdictional reach of this legislation is confined to the Commonwealth of Australia, impacting the operations and governance of charities and not-for-profit organisations across the country. The legislation does not explicitly state any exclusions, exemptions, or thresholds, but its application may be further defined or extended through subordinate instruments issued under the authority of the Australian Charities and Not-for-profits Commission Act 2012.

Key Provisions

The main operative sections of this legislation, F2022N00279, pertain to the appointment of Susan Woodward AM as the Commissioner of the Australian Charities and Not-for-profits Commission (ACNC). This is explicitly stated in the appointment document, where the Governor-General, acting under section 115-5 of the Australian Charities and Not-for-profits Commission Act 2012, appoints Susan Woodward AM on a full-time basis for a period of five years starting from 12 December 2022. This appointment is effective as of 10 November 2022, the date of the instrument. This Act imposes certain obligations and requirements on the newly appointed Commissioner. Under her role, Susan Woodward AM is tasked with leading the ACNC, ensuring that it effectively regulates and oversees the charitable and not-for-profit sectors in Australia. This includes managing the administrative and operational aspects of the Commission, setting strategic directions, and ensuring compliance with the relevant laws and regulations. As the Commissioner, she is also responsible for overseeing investigations into the activities of charities and not-for-profits, ensuring they adhere to the legal frameworks governing their operations. In terms of potential breaches and their consequences, the legislation does not explicitly detail offences, penalties, or civil/criminal consequences for non-compliance within the appointment document itself. However, the overarching Australian Charities and Not-for-profits Commission Act 2012 and other related laws would provide the framework under which any failures to comply could be addressed. These laws typically include provisions for fines, legal action, and other administrative penalties for non-compliance, with the specifics of these penalties varying depending on the nature and severity of the breach. The penalties for significant non-compliance could potentially extend to criminal charges and imprisonment in more severe cases.