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Consultation open - ACNC regulatory approach

The Australian and Charities Not-for-profit Commission has released its regulatory approach statement for consultation by 1 March 2013.The statement set out the ACNC's preliminary regulatory approach and explains how the ACNC staff will approach their work. The statement will guide the ACNC in making appropriate and consistent decisions and sets out the relationships between the ACNC's values, regulatory approach and decision-making processes.There are five key values of the ACNC:

  1. fairness: the ACNC presumes honesty when dealing with a problem; the ACNC will provide timely and accessible general advice, guidance and education to help charities meet their obligations; the ACNC's procedures will reflect principles of procedural fairness; the ACNC will match its actions with the seriousness of the problem and risks involved.
  2. accountability: the ACNC is accountable to others for its processes and its work. It will be transparent about its procedures, decisions and actions.
  3. independence: the ACNC Commissioner is an independent statutory office-holder.
  4. integrity: the ACNC is committed to acting with integrity, adhering to australian laws, policies and values, and the Australian Public Service's Code of Conduct.
  5. respect: the approach of the ACNC is founded on respect for charities and those who work with and for them.

The ACNC is interested in feedback on:

  • how clearly the statement communicates its approach;
  • whether it reflects an accurate understanding of charities and the appropriate approach the ACNC should adopt;
  • examples of how it could use out enforcement powers; and
  • general suggestions for improvement

Final date for comment: 1 March 2013.Further details on the regulatory approach statement and how to make a submission are at:http://www.acnc.gov.au/ACNC/Contact_us/Pub_consult_comment/RegApCon/ACNC/Edu/Consult_RegApp.aspx

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The material distributed is general information only. The information supplied is not and is not intended to be, legal or other professional advice, nor should it be relied upon as such. You should seek legal or professional advice in relation to your specific situation.

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