Legal aspects of organisations in Australia

Creating legislation for charities

Europeans from various backgrounds started colonising parts of Australia about 200 years ago. These groups of people included prisoners and slaves who were exiled to Australia. With time, the colonies grew considerably and therefore the needs of these communities began growing as well. The needs of the lower class were becoming dire, and the government at the time did not appear to provide adequate support for the situation.

Eventually, the poorer communities relied on leaders in the community to form the first movements in support of these individuals. This led to the formation of the first non-profit movement in Australia. The intention to provide food, clothing, and other services to the sick and poor was clear.

In the light of the challenges made apparent, the government started subsidising charities that made no profit from their activities. As time wore on, the government played a greater role in regulating charitable activities. In modern times charity law in Australia has undergone considerable changes – mostly for the better.

Charities Act of 2013

The Charities Act of 2013 renewed the statutory federal definition of a charity (prior definitions being unclear and complicated). This definition gave charities and non-profit organisations a legal federal framework to work from. Furthermore, the establishment of the Not-For-Profits Commission (ACNC) and the Australian Charities body led to further advancements in creating clear-cut regulatory laws for charities to utilise.

The ACNC is the only regulator of charities in Australia and is responsible for handling the maintenance and registration of charities, as well as the enforcement of regulatory measures. The ACNC being the only responsible body for regulation means the current system is more centralised in its control and regulation over charities.

Why do charities need regulation?

With thousands of charities currently operating in Australia, it has become necessary to regulate the flow of money in and out of these organisations. It is often the case that people try to mislead or scam others into donating to a certain cause that is not credible. The creation of fake charities has therefore also been an issue. Regulation can keep a close watch on non-profit organisations to ensure that they remain legal entities.

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The history of non-profit charities around the world

Around the beginning of the 15^th century, Juan Luis Vives published “De Subventione Pauperum” (“On the Subvention of Paupers”). It was in this paper where the first examination of philanthropy was recorded under the heading: “A History of Modern Philanthropy’s”.

It was here where the idea of government authorities being responsible for the well-being of its citizens were first recorded. This notion became the framework upon which laws were later designed to assist people living in poverty around America and Europe.

The broad definitions and examples of Philanthropy

Philanthropy cannot solely be defined as giving cash to charity organisations. The goal of charities, at any rate, is to improve the quality of life that individuals endure. The notion is a broadly defined subject and can be recognised through various acts of human kindness including:

Philanthropy in society

The idea of societal philanthropy has records dating back to the Chinese Sung Dynasty in the 10^th century. Charitable institutions have been created for the benefit of society ever since.

Knowledge and skills

Salks’ polio vaccine is a great example of philanthropy and charity at work – with scientists and individuals with specialised skills contributing to the health and prosperity of individuals around the world.

Private donations

Individuals like Bill Gates have donated vast amounts of their wealth to charities and causes around the world – and focuses on extinguishing poverty around the world.

Charity and philanthropy today

Anyone can be a positive influence in their communities, and this notion has been prevalent throughout the history of philanthropy. Societies implement their charitable ventures today. The desire for charity has grown as did the need for food, shelter, clothing, and other necessities.

Today governments support charitable movements – this includes tax breaks, subsidies, and more. With new innovative ways of forming strong and reliable charities, the future may be bright with possibilities, with those individuals who want to help others.

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