The national charities regulator has confirmed that “most” charities acted appropriately during the federal election campaign, but secrecy provisions prevent it from disclosing whether any investigations are underway.

In a letter to the Rationalist Society of Australia, the Australian Charities and Not-for-profits Commission (ACNC) said it was not able to advise whether it had taken any action in response to media reporting and public concerns about election-related activities of religious charities.

On 2 May, RSA Executive Director Si Gladman asked the ACNC if it would examine whether alleged behaviours of Catholic school authorities and the Plymouth Brethren Christian Church (formerly Exclusive Brethren) met the requirements of Australia’s charities laws.

Widespread media reporting detailed how Catholic Schools NSW and the Victorian Catholic Education Authority – both charities for the purposes of ‘advancing education’ and ‘advancing religion’ – had cautioned parents and carers in their school communities against voting for the Greens and independent candidates.

Also, according to media reports, the Plymouth Brethren Christian Church – a charity for the purpose of ‘advancing religion’ – allegedly directed hundreds of its members to staff pre-polling booths in marginal seats for the Liberal Party. The church denied claims that it was a coordinated effort.

In response to the RSA’s letter, the ACNC said it was important that charities “maintain independence from party politics” and “do not cross the line” into having a purpose of promoting or opposing a particular political party or candidate.

“Generally speaking, advocacy and campaigning can be a legitimate and effective way of furthering the charitable purposes of a charity,” said an ACNC spokesperson.

“This means that charities can campaign on political issues to advance their charitable purposes, including during election periods, as long as they meet the requirements of charity law and other relevant legislation (for example, the Commonwealth Electoral Act 1918 (Cth)). They can undertake activities to educate the public on issues, raise awareness, change behaviour, and mobilise support.

“Most charities have been acting correctly, which has been reflected in a decrease in concerns compared to the last federal election.”

In response to the question of whether the ACNC would consider new measures to prevent such cases from continuing to occur, the spokesperson said the regulator regularly reviewed and updated its guidance to ensure it remained current and aligned with best practices in the charity sector.

“In line with the ACNC’s regulatory approach statement, we seek to guide and advise first to bring charities back into compliance with their obligations, if possible,” the spokesperson said. 

“When we identify charities at risk of engaging in advocacy for or against a political party or candidate, we provide them with guidance to understand the difference between advocating for a party or individual, which might lead to compliance problems, and making comments that align with their charitable purpose.

“We’ve been proactive in educating charities about the election advocacy rules throughout the campaign.”

In response to the media reports last week, the ACNC issued a statement on its website, warning that charities risked regulatory action if they did not abide by advocacy rules.

The Rationalist Society of Australia is actively campaigning for reform of the charities sector. Follow our campaign updates here.

If you want to support our work, please make a donation or become a member.

Si Gladman is Executive Director of the Rationalist Society of Australia. He also hosts ‘The Secular Agenda’ podcast.

Photo: Australian Electoral Commission (Flickr)

Letter from the ACNC, 2 May 2025

Dear Si,

Thanks for contacting ACNC Media and for raising your concerns. We review all concerns and take them seriously. However, due to secrecy provisions in the ACNC legislation, we are unable to advise you of the action we take in response to your concern. 

Please see a reply to your media queries below. If you need to attribute, please attribute to an ACNC spokesperson. 

Will the ACNC examine whether the alleged behaviours that we have raised meet the requirements of charities law?

Will the ACNC consider new measures, such as improved guidance to charities, to prevent such cases from continuing to occur?

By law the ACNC cannot speak publicly about the circumstances of any charity, apart from referring to information published on the Charity Register. This includes whether or not a concern about a charity has been raised with the ACNC, or whether the ACNC is investigating a concern or allegations made about a charity.

Generally speaking, advocacy and campaigning can be a legitimate and effective way of furthering the charitable purposes of a charity. However, it is important that charities do not cross the line into having a disqualifying political purpose and that they maintain independence from party politics. The types of advocacy charities can do is set out in our guidance on the topic: www.acnc.gov.au/tools/guides/charities-elections-and-advocacy.

This means that charities can campaign on political issues to advance their charitable purposes, including during election periods, as long as they meet the requirements of charity law and other relevant legislation (for example, the Commonwealth Electoral Act 1918 (Cth)). They can undertake activities to educate the public on issues, raise awareness, change behaviour, and mobilise support.

However, registered charities cannot have a purpose of promoting or opposing a particular political party or candidate. 

In line with the ACNC’s regulatory approach statement, we seek to guide and advise first to bring charities back into compliance with their obligations, if possible.  

When we identify charities at risk of engaging in advocacy for or against a political party or candidate, we provide them with guidance to understand the difference between advocating for a party or individual, which might lead to compliance problems, and making comments that align with their charitable purpose.

We’ve been proactive in educating charities about the election advocacy rules throughout the campaign. We’ve addressed common questions on social media and featured the topic in a dedicated Commissioner’s Column. Just yesterday, we issued a clear reminder at the close of the campaign for charities to follow the rules.  Most charities have been acting correctly, which has been reflected in a decrease in concerns compared to the last federal election.

We regularly review and update our guidance to ensure it remains current and aligns with best practices in the charity sector, supporting effective governance and compliance.

Many thanks,

ACNC Media