Misuse of Power in the Australian Charities Sector

43 Pages Posted: 27 Apr 2022

See all articles by Rosemary Teele Langford

Rosemary Teele Langford

University of Melbourne - Law School

Miranda Webster

University of Melbourne - Law School

Date Written: April 21, 2022

Abstract

Charities are an essential part of Australian civil society and make fundamental contributions to social cohesion and well-being, as well as to the Australian economy. Public trust and confidence in the sector has, however, been damaged by high profile governance failures, despite the advent of a new national regime overseen by the Australian Charities and Not-for-profits Commission. This article draws attention to gaps in the regulatory frameworks applicable to Australian charities in relation to misuse of charitable assets and makes reform suggestions. Strengthening the charities sector by deterring and sanctioning such misuse more effectively is important in order for the law to hold those who govern and control charities to account and to ensure that such power is not misused.

Keywords: charities; charity law; directors' duties; ACNC; ASIC; regulation; trusts; associations; enforcement; misappropriation; not for profits

JEL Classification: kK10, K19, K20, K22

Suggested Citation

Langford, Rosemary Teele and Webster, Miranda, Misuse of Power in the Australian Charities Sector (April 21, 2022). University of New South Wales Law Journal, Vol. 45, No. 1, 2022, Available at SSRN: https://ssrn.com/abstract=4089326

Rosemary Teele Langford (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Miranda Webster

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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