With the South Australian state election approaching, charities should be mindful of how to advocate effectively for their charitable purposes while operating within the complex legal and regulatory framework.

While charities may actively speak about policies or issues relevant to their mission, they must not endorse, promote, or oppose any political party or candidate. Doing so may amount to a “disqualifying political purpose”. Where the Australian Charities and Not‑for‑profits Commission (ACNC) were to be made aware that a charity has engaged in such activity, that charity may face regulatory action, and in serious cases, deregistration.

HWLE Lawyers’ dedicated Charities & Not‑for‑Profit team has supported numerous organisations to identify and understand what is permissible, what carries risk, and how to respond to ACNC inquiries to safeguard their operations, endorsements, and ongoing activities.

THE COMPLEX REGULATORY ENVIRONMENT

Charities operate within an intricate legal landscape, much of which becomes highly relevant during election periods. Key frameworks include:

• the charity’s governing document, including its objects and powers;
• limitations on charitable purposes under the Charities Act 2013 (Cth)
• compliance obligations under the Australian Charities and Not-for-profits Commission Act 2012 (Cth);
• ACNC guidelines on political advocacy; and
• relevant electoral laws, including the Electoral Act 1985 (SA).

Given these obligations, it is vital that all charity representatives understand where the boundaries lie when engaging in political advocacy.

Where individuals choose to support a party or candidate, they must do so only in a private capacity, without using the charity’s branding, resources, or platforms.

WHAT CHARITIES CAN DO DURING THE SA ELECTION

Charities may advocate for policy change that advances their charitable purpose, including by:

• Contributing to public policy development, such as making submissions or giving evidence.
• Encouraging public debate about current or proposed laws or government practices.
• Sharing information or comparing party policies where the content relates directly to the charity’s purpose.
• Publishing research or analysis on relevant policy issues.
• Engaging with candidates, elected representatives, and public officials about matters connected to the charity’s mission.
• Hosting or participating in public forums or debates involving candidates from a range of political parties.

WHAT CHARITIES CAN’T DO

A charity may be considered to have a disqualifying political purpose if it:

• Promotes or opposes a political party or candidate, including statements made by employees or board members using the charity’s identity.
• Distributes how‑to‑vote materials supporting a particular party or candidate.
• Asks supporters or members to vote for (or against) a specific political party or candidate.
• Donates funds to a party or candidate.
• Attends political fundraising or party events where:
  • The event does not further the charity’s purpose;
  • The event raises money for a party or candidate; and/or
  • Attendance may cause the charity to appear to the public as partisan and as having a purpose of promoting that particular party or candidate.

KEY CONSIDERATIONS FOR CHARITIES

If a charity plans to engage in political advocacy during the South Australian election period, we recommend:

• Seeking legal advice in advance to confirm that the activity is permissible.
• Implementing internal policies and education so that board members, staff, and volunteers understand their obligations.
• Engaging openly and cooperatively with the ACNC if any concerns are raised as early dialogue often avoids escalation.

HWLE Lawyers is available to assist with regulatory queries, policy development, and engagement with the ACNC.

This article was written by Timothy Stokes, Partner and Rosa Mulalem Maru, Solicitor.