SociaLink has prepared the following submission on the Review of the Charities Act 2005. We encourage other social sector organisations to use this submission as a base or just copy and submit on your own behalf. A summary of the recommendations follows or you can download and read the full submission here.
Summary of Recommendations
- That the timing of the review be extended to incorporate broader terms of reference and a first principles review, and be undertaken by the Law Commission.
- That the Department of Internal Affairs refer the review of the Charities Act 2005 to the Law Commission along with the current public submissions.
- An independent crown entity be established for the charitable/not for profit sector.
- SociaLink supports the inclusion of the additional purpose outlined on page 17 of the discussion document that is based on the objective of the Australian Charities and Not for Profits Commission Act 2012, section 15-5(1) (b):
- to support and sustain a robust, vibrant, independent and innovative charities sector.
- That appropriate mechanisms be established for charitable trusts to have the right to appeal decisions made about them under the auspices of the Act.
- That Charities should be able to undertake advocacy as they see fit, as an activity to further their purpose.
- SociaLink endorses any calls for more resource and attention on reducing complexity and streamlining legislation and regulation affecting Māori charities and their purpose.