The Australian Charities and Not-for-profits Commission ('ACNC') is the independent national regulator of charities. The ACNC currently only regulates registered charities.
What types of complaints can you make?
A complaint can be made to the ACNC if there is concern that a registered charity is not meeting its legal obligations or is putting public trust and confidence at risk.
Complaints may include:
- Improper registration: A charity does not meet the legal requirements or the type of charity it is registered as, does not match what it really does.
- Inaccurate reporting: Giving incorrect or incomplete information to the ACNC about its finances and members.
- Misuse of funds: Using money or assets for private benefit or non-charitable purposes.
- Failure to pursue charitable purpose: When a charity mainly benefits its members instead of working towards a charitable purpose.
- Governance failures: Charity leaders are unsuitable or have been disqualified from holding those positions.
- Overseas activity failures: Failing to meet additional governance standards when operating overseas.
- Record-keeping failures: Not keeping accurate financial or operational records in English (or a form that can be easily translated).
- Lack of accountability to members: Not keeping members informed by failing to hold meetings and/or not allowing for members to take part in the decision-making process.
- Fraud or criminal activity: Being dishonest or taking part in criminal conduct and pretending to raise funds for a charity.
- Failure to act in good faith: Leaders have not acted responsibly, with care, and in the best interests of the charity. Instead, they have put their personal interests before the charity’s mission.
- Falsely claiming to be a charity: Pretending to be a registered charity.
- Retaliation against whistleblowers: Punishing or excluding people for raising concerns about the charity.
- Conflicts of interest: Leaders misusing their position or failing to disclose personal or financial interests.
Jurisdiction:
The ACNC works under national (Commonwealth) law. It can look into complaints about charities registered in Australia, and Australian charities that also work overseas.
Time Limits:
There is no deadline for making a complaint. But it’s best to raise concerns early so the ACNC has more time and information to investigate.
The ACNC will not deal with complaints about:
- Fundraising: this is managed by state and territory regulators.
- Internal disputes: arguments between board members or charity members, unless laws are being broken.
- Contracts: issues with tenders, purchases or supplier agreements.
- Service quality: for example, complaints about health services should go to your state or territory health body.
- Board decisions: decisions made by the board or directors if they are acting within their legal rights and duties.
- Employment matters: like unfair dismissal, which are handled by the Fair Work Commission.
- Political parties.
- Government bodies or agencies (Australian or foreign).
- Organisations: that have been listed by a government or court as being linked to terrorism or criminal activities.
- Individuals: (unless they are board members of a registered charity).
- Partnerships.
Who can you make a complaint against?
Registered Charities: The ACNC only deals with complaints about organisations that are registered as charities in Australia. To be registered, a charity must:
- Be not-for-profit.
- Have only charitable purposes that benefit the public
- Follow the ACNC Governance Standards (and External Conduct Standards if working overseas)
- Not have disqualifying purposes (e.g. unlawful activity, promoting a political party or candidate)
- Not be an individual, political party, or government entity
- Have an Australian Business Number (ABN)
Are you eligible to make a complaint?
Who can make a complaint?
Anyone can make a complaint to ACNC.
Before you lodge a complaint:
Before lodging a complaint with the ACNC, you may want to raise your concern directly with the charity first. If they can’t solve your issue, check that the issue relates to a registered charity, then contact ACNC.
Can you report an issue to the ACNC on behalf of someone?
Yes, you can raise a concern for someone else, but to get updates from ACNC about the issue you’ve raised, you will need to have their consent.
Additional Information:
Making a complaint is free. You do not need a lawyer, but you may seek legal advice if you wish.
What can this body do to help?
The ACNC can take different actions if a charity is not following its rules. The ACNC may provide:
- Warnings: The ACNC can warn a charity that it is not meeting its obligations and explain what action may follow if the problem continues.
- Directions: The ACNC can direct a charity to do something (or stop doing something).
- Enforceable undertakings (agreements): Making a formal agreement with the charity about what it must do to follow the rules. If the charity doesn’t stick to it, the agreement can be enforced in court.
- Injunctions (court orders): Asking a court to order the charity to take certain actions or stop harmful behaviour.
- Suspension or removal of leaders: Temporarily or permanently removing board or committee members who are not fit to lead. In serious cases, banning them from being involved in any charity for 12 months.
- Cancelling registration: In very serious cases, removing the charity from the ACNC Register.
- Fines (administrative penalties): Applying penalties if the charity gives false or misleading information or fails to lodge required documents on time.
How to prepare your complaint:
Format:
Reports can be lodged online, by email, by post, or fax. If you need an interpreter or translator, the ACNC can arrange for one for free.
Personal Details:
Optional, but include your full name, contact number, email and postal address.
Respondent’s Details:
Include the registered charity’s name and their Australian Business Number (ABN).
Relevant Facts:
Give consent to the ACNC to share the details of the complaint (which includes your details) with the charity. Provide details about the complaint including supporting documents if available.
Lodging your complaint and next steps:
Where to Lodge:
- Online: ACNC Online Complaint Form HERE.
- Email: Fill in the complaint form and send it to charityconcern@acnc.gov.au.
- Post: Australian Charities and Not-for-profits Commission, GPO Box 5108, Melbourne VIC, 3001.
- Fax: 1300 232 569.
Receipt and Acknowledgement:
The ACNC will normally acknowledge your complaint within two working days.
Initial Assessment:
When a complaint is lodged, the ACNC reviews:
- Who raised the concern and their connection to the charity.
- The nature of the complaint.
- Any supporting evidence.
ACNC then decides whether to investigate further.
More information:
Refer to the factsheet provided below for more information.
