The Prime Minister advised the Governor-General to call a double-dissolution Federal election for 2 July 2016.
The public debate surrounding the election was that it is likely to touch on a variety of issues that affect not for profit organisations.
Examples include the introduction of a national Disability Insurance Scheme Savings Fund and the associated review of Disability Support Pension eligibility . The uncertainty surrounding the offshore processing regime after the decision handed down by the PNG Supreme Court declaring the Manus Island detention centre to be illegal is also likely to be of interest to not for profit organisations working in the refugee advocacy sphere.
Political advocacy
The Australian Charities and Not-for-profits Commission has released a helpful guide entitled ‘Political campaigning and advocacy by registered charities – what you need to know‘ to assist not for profit organisations wishing to engage in political advocacy during the Federal election campaign.
What is allowed?
A charity is permitted to engage in public debate about changes to laws, policies or practices of governments where this advocacy furthers the organisation’s charitable purposes.
For example, a charity concerned with the protection of koalas might engage in public debate about a policy involving the reduction of the koalas’ natural habitat. The charity could oppose the policy and suggest a new policy which might better ensure the protection of koalas.
What is not allowed?
A charity is not permitted to promote or oppose a particular political party or candidate in the election.
For example, the koala protection charity mentioned above might engage in debate about relevant government policy, but could not actively advocate for the election of a particular candidate or hand out election pamphlets on that candidate’s behalf.
A charity is also not permitted to promote unlawful activities or activities contrary to public policy.
For example, the koala protection charity could not call on its members to intimidate or threaten the Minister responsible for the forest-reduction policy.
How should charities approach the issue?
There are a few key things that charities should keep in mind when considering whether or not to engage in political advocacy in the upcoming Federal election.
- First, a charity should ensure that it is operating within the scope of its charitable purposes.
- Second, a charity should ensure that its advocacy relates to issues that fall within its charitable purposes and avoid promoting a particular political party or candidate.
How can JFM Law help?
Contact JFM Law on (02) 9199 8597 for a no obligation chat. If you would rather get in contact through email, send your question through or by email.
The information contained in this post is current at the date of editing – 04 September 2025.
