Corporate policy: Responding to requests to support the work of external stakeholders

This Corporate Policy is issued under the authority of the Commissioner and should be read together with the Australian Charities and Not-for-profits Commission (ACNC) Policy Framework, which sets out the scope, context and definitions common to our policies.

Policy statement

This policy sets out the ACNC’s approach when responding to external requests to support the activities of third parties. This includes requests to:

• link to external internet sites and resources
• support or promote research into the charity and not-for-profit sector

How the ACNC deals with requests to provide a speaker at an external event is set out in Operational Procedure: External speaking requests.

Principles

• Principle 1: We will use our resources to explain our work
• Principle 2: We will only consider supporting the activities of third parties where they involve outputs freely available to registered charities
• Principle 3: We will use a third party’s resources to explain its work
• Principle 4: We will focus on advice and guidance, not policy rationale
• Principle 5: We will only refer to politically neutral resources that comply with Australian laws

Principle 1: We will use our resources to explain our work

1. We develop our own guidance about charities’ obligations under the Australian Charities and Not-for-profits Commission Act 2012 (Cth) (ACNC Act), Charities Act 2013 (Cth), and accompanying regulations.
2. Where our regulatory scope overlaps with that of another regulator, we will refer to the other regulator’s resources to explain its role and requirements (consistent with Principle 3), even if there is some intersection with our requirements.

Principle 2: We will only consider supporting the activities of third parties where they involve outputs freely available to registered charities

3. As a Commonwealth agency, we cannot support or be seen to support, nor endorse a particular organisation, product or service, nor appear to encourage the purchase of products or services.
4. When we want to refer to external resources, we will prioritise:
   • free resources rather than paid publications or services, and
   • government or not-for-profit providers.
5. We will only consider promoting research via our communication channels when the research, study or survey will produce outputs – such as publications – that will not require payment to access.

Principle 3: We will use a third party’s resources to explain its work

6. The ACNC has an important role in supporting registered charities achieve good governance and meet their obligations by providing information and resources.
7. Research into the charity and not-for-profit sector can help the public better understand the not-for-profit sector’s work.
8. Rather than reproduce information, we will refer directly to a third party’s resources – such as a website – when sharing information or promoting research via our communication channels.

Principle 4: We will focus on advice and guidance, not policy rationale

9. Public servants may explain how policies or programs will operate in practice, rather than explain the rationale for policy decisions, which is the role of Parliament (refer to Principle 5, below). The ACNC refers to external resources that offer advice or guidance, and avoids resources that comment on the rationale for decisions of government. However, we will refer to government policy documents and government announcements if they relate to our legislation and how we administer or apply it, or to not-for-profit law reform issues that are relevant to the sector and our work.

Principle 5: We will only refer to politically neutral resources that comply with Australian laws

10. The APS Values and Code of Conduct require us to be politically neutral and perform our functions in an impartial, professional, fair and effective manner.
11. Requests to support third party research will only be considered when it:
    • aligns with ACNC objectives
    • is government funded
    • is consistent with Australian government policies
    • is not for commercial purposes or material gain, and
    • is governed by appropriate frameworks or protocols, such as ethics
12. We will not refer to resources from organisations with strong party-political views or organisations whose content is otherwise inappropriate (for example, content that is discriminatory, defamatory, illegal or contrary to public policy). We will refer to external resources that are likely to represent generally accepted views or current trends, such as resources from:
    • sector peak bodies or associations with broad membership and not-for-profit sector support
    • organisations with strong links to the not-for-profit sector, such as key service providers or news services that specialise in not-for-profits.
    • research conducted by government bodies or an Australian university

How to make a request

Requests to link to external internet sites and resources via the ACNC website or via other communication channels should be sent to education@acnc.gov.au. Requests should set out how the links meet the requirements of this policy.

Requests to promote research should be made to research@acnc.gov.au. Requests should set out how the research meets the requirements of this policy and include:

• the purpose and target audience of the research
• how the research is funded
• timeframes of when the research will be conducted
• whether the findings will be public and freely available, and
• who will conduct the research.