23 Feb 2005

On the 17/12/04 the Social Services Select Committee reported the Charities Bill back to Parliament with a significant number of recommended changes. The following link will take you to view a copy of the latest Bill and a summary of these changes: Charities Bill

To ensure the technical workability of these changes specific questions have been sent out to key stakeholders asking for their feedback. Any further amendments will be made to the Bill through a supplementary order paper. This is likely to occur in the second quarter of 2005.

Responses are due by the 4th March 2005. If you wish to provide feedback to the questions, please forward all comments to Question Feedback

QUESTIONS

1. Clauses 4(a)(3) and 4 of the Bill codify the common law as it relates to non-charitable secondary purposes. That is: an organisation undertaking non-charitable purposes (for example advocacy) will not be prevented from being held to be charitable (and therefore being registered) where those activities are undertaken in support of main purposes that are charitable. Do you consider that this clause provides sufficient certainty about the position of advocacy?
2. Clause 10, relating to the Commission’s functions has been significantly amended. The Government recently agreed that the Commissions education function be made more explicit and be given more prominence. Do you think that the wording of the new functions section achieves this objective?
3. A new exemptions clause has been added at clause 56 so that the Commission can tailor the duties and obligations that the Bill imposes on registered organisations to the needs of the individual organisation. Will this clause provide the flexibility organisations need to effectively meet their legislative duties and obligations?
4. New clauses 56A to 56F provide for umbrella registration. These clauses will enable organisations made up of multiple entities (that would each be eligible for registration on their own merits) to be registered as a ‘single entity’. Are these provisions workable i.e. do they provide sufficient flexibility to meet the needs of organisations?
5. Do you have any other general comments to make on the workability of the changes that have been made to the Bill as a result of the Select Committee process?