Double defaulters

Charities who have failed to submit two Annual Information Statements

Charities who do not submit an Annual Information Statement for two or more years (demonstrating persistent non-compliance) risk their registration being revoked by the ACNC. These charities are sent a show case notice advising they have 28 days to get all their lodgements up-to-date otherwise their charity status will be revoked. Charities that have their ACNC registration revoked lose their entitlements to Commonwealth charity tax concessions.

The ACNC reminds charities about submitting the Annual Information Statement using a variety of methods – for example, reminder letters, emails, newsletters, the Commissioner’s Column and social media campaigns.

Double defaulters - Charities not in contact with the ACNC

The ACNC is taking steps to revoke the charity status of a number of charities who we have been unable to contact, despite repeated efforts to do so. Many charities publically listed on our ‘where are you page’ have failed to maintain their contact information with the ACNC and now have two Annual Information Statements outstanding.

All registered charities have an obligation to:

  • Notify the ACNC of changes to contact details. These changes must be notified within 28 days for large and medium size charities and 60 days for small charities.
  • Submit an Annual Information Statement every year. This statement is due within six months of the end of your reporting period and is submitted using the ACNC Charity Portal.

Charities that fail to submit an Annual Information Statement for two years will have their charity status revoked, meaning they will lose their Commonwealth charity tax concessions.

As we are unable to serve a ‘Notice of intention to revoke charity status’ show cause directly to the charity, due to insufficient contact details, a public show cause notice is detailed below.

Charity at risk

Notice of intention to revoke registration of listed charities

25 May 2017

This is a notice of intention to revoke registration of all of the charities in the attached list under s.35-10 of the Australian Charities and Not-for-profits Commission Act 2012 (the Act).

Each charity on the attached list has 28 days from the date of this notice to contact the ACNC and provide reasons why it should not be revoked.
Revocation will take effect from 24 June 2017.

The ACNC has had no response from the listed charities and at least two Annual Information Statements have not been submitted. Each listed charity has had unopened mail returned to the ACNC, it may be that some of the charities are no longer operating.

The ACNC has undertaken the following to locate or contact the listed charities:

  • Where the charity has had previous contact with the ACNC prior to the returned mail, attempts have been made to use alternate contact details to re-establish contact with the charity.
  • The ACNC has published a dynamic list of charities that were ‘missing’ on the ACNC website and requested they contact us; the listed charities have not done so. This list remains available.
  • The list has been promoted via media releases, Commissioner’s Columns and social media channels. This was also reported in sector media and websites, as well as regional press.

The ACNC has undertaken the following to inform charities of their annual reporting obligations:

  • Promoted due dates and assistance materials in the Commissioner’s column.
  • The ACNC published and distributed media releases to sector and mainstream media.
  • Placed advertisements in sector media publications and websites. The advertising extended to Google search engine marketing.
  • Used social media to provide information about the need to file annual reports on Twitter, Facebook, YouTube and LinkedIn.

As at 25 May 2017 at least two of the reporting obligations remain outstanding.

Grounds for revocation

The Commissioner intends to revoke the registration of the listed charities under s.35-10(1)(c)(i) of the Act on the basis that the listed charities have contravened s.60-5 of the Act; namely for two or more years the listed charities have failed to give the ACNC an Annual Information Statement. The Commissioner has taken into account all the matters listed in s.35-10(2) of the Act. 

This notice of intention to revoke is being published on the ACNC website without providing a written show cause notice to each registered charity. In accordance with s.35-15(3) of the Act, the Commissioner believes it is appropriate to do so given all previous attempts at contacting the listed charities.

What to do to avoid revocation

If the charity wants to avoid revocation of its charity status, you must submit the outstanding Annual Information Statements by 23 June 2016.

This is done by: Logging into the Charity Portal at charity.acnc.gov.au and completing the outstanding reporting obligations.

If you do not have your log in details you can reset them online by clicking ‘reset my password’ on the log in page.

Any of the listed charities that do not contact the ACNC within 28 days of the date of this Notice will have their registration as a charity revoked as of 24 June 2017.

Revocation of registration as a charity will have the effect of stopping any Commonwealth charity tax concessions to which a charity was previously entitled.

Susan Pascoe AM signature
Susan Pascoe AM
ACNC Commissioner

25 May 2017