Concerns over charity election advocacy tumbles

As of the day before polling day on May 2, the regulator had received 63 concerns relating to political advocacy.

This was a significant drop on the 445 political advocacy concerns made prior to the 2022 federal election.

The 18 charities linked to concerns raised in the lead up to this year’s federal election was also less than halve the 38 charities under the spotlight in the 2022 poll.

The political advocacy statistics were revealed by ACNC commissioner Sue Woodward in her latest Charitable Purpose newsletter column.

The drop in the level of concerns follows a call by Woodward in February urging organisations to follow political advocacy rules in any campaigning in the lead up to the federal election.

At the time, the regulator also announced that monitoring advocacy would be one of its key priorities.

The ACNC launched a communications campaign in the lead up to this year’s poll aimed at reminding charities about the rules around advocacy.

Charities can campaign on political issues to advance their charitable purposes, including during election periods, as long as they meet the requirements of charity law and other relevant legislation, such as the Commonwealth Electoral Act.

“Once the election campaign was in full swing, we saw, as expected, a heightened focus on the sector’s advocacy activities, be that because of a letterboxed paper flyer or comments on social media and websites,” said Woodward.

“With this greater visibility came concerns by some about the activities of a small number of charities.”

Woodward said the nature of the concerns had changed between elections.

“Opposition to or the promotion of political parties were key themes this time, marking a shift from the previous election when concerns were more focused on the promotion of individual candidates.”

Woodward said that overall, she was pleased the charities that were contacted in relation to political advocacy concerns reacted positively.

“As we generally find, they were cooperative and keen to comply with their obligations to the ACNC when it was explained what was needed to stay on track.”

Woodward said that sometimes it is not a charity, but an entity connected to a charity that conducts advocacy work or campaigning on a charity’s behalf.

“It is important for charities to consider which organisation is doing what, as we saw examples where this lack of clarity caused confusion for the public and resulted in concerns.”

An ACNC spokesperson said there were several potential reasons why concerns about political advocacy dropped in the most recent federal election.

“We see this as a positive sign that charities are becoming more confident in navigating the rules, finding the balance between speaking up for their causes and staying within the guidelines.”

The spokesperson said that since the beginning of the year, the ACNC has also been proactive in supporting charities to understand and apply the advocacy rules in an election context.

This included:

• updating ACNC advocacy guidance to provide clear, practical advice
• answering common questions in the monthly e-newsletter The Charitable Purpose, which reaches more than 60,000 subscribers
• raising awareness of the issue through Commissioner Sue Woodward’s Senate Estimates opening remarks and Commissioner’s column dedicated to the issue
• a comprehensive social media campaign, supported by news items, to remind charities of the rules and signal our focus on this issue
• published a Community Advocate podcast episode in which Commissioner Sue Woodward discussed this issue.

“We will continue to gather and analyse data on concerns relating to this federal election, ensuring charities remain informed and supported as they engage in this important aspect of their work,” the spokesperson said.