The Australian Charities and Not-for-profits Commission (ACNC) and the Yipirinya School Council Inc (ABN 54904801140), an independent Aboriginal School in Alice Springs and a registered charity, have worked together to identify record keeping and governance concerns and the steps required to address them.
The ACNC and the Management Committee recently signed an enforceable undertaking, a summary of which is published on the ACNC’s website at acnc.gov.au/compliancedecisions.
Assistant Commissioner and General Counsel, Murray Baird, stated that an enforceable undertaking is a positive outcome.
“By offering the ACNC an enforceable undertaking, the charity is committing itself to improving a range of governance issues,” Mr Baird said.
“We are extremely pleased to work with the charity and we have every confidence in the Management Committee to rectify the situation.”
The President of the Yipirinya School Council Inc Management Committee, Mr Jungala Kriss, noted the collaborative approach taken with the ACNC.
“The Yipirinya Management Committee welcomes the opportunity to work with the ACNC in a process of reviewing our constitution, policies and practices to ensure that the Yipirinya School Council meets the governance standards required of a charitable not-for-profit organisation, so as to serve the best interests of our children and our community”.
Mr Baird also explained that an enforceable undertaking was just one of many regulatory tools at the ACNC’s disposal.
“Part 4-2 of the ACNC Act sets out a range of enforcement powers available to the ACNC,” Mr Baird said.
“This includes warnings, directions, injunctions, and of course enforceable undertakings. Ultimately, the ACNC also has the power to revoke the status of a registered charity and we have done so on a number of occasions where we believe a charity is no longer meeting the minimum governance standards.
“In situations such as this our regulatory approach allows us to work with the charity to rectify the situation.
“We will continue to offer guidance and support to ensure the charity gets back on track."
The ACNC offers a range of guidance and support to help registered charities meet the minimum governance standards. Charities are encouraged to visit acnc.gov.au/governancestandards, or phone 13 ACNC or email email@example.com for assistance.
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