Law Council of Australia

Legal Practice Section

Commissioner's Interpretation Statement Health Promotion Charities

The Australian Charities and Not-for-profits Commission (ACNC) released a redraft of the Commissioner’s Interpretation Statement: Health Promotion Charities (HPC CIS redraft) for consultation in late June 2022 together with a document setting out four questions on which the ACNC has sought comments (consultation questions).

This submission has been prepared by the Charities and Not for Profits Committee of the Law Council’s Legal Practice Section (Committee). The Committee has prepared a separate submission dated 30 August 2022 in relation to the proposed new version of the Commissioner’s Interpretation Statement which deals with Public Benevolent Institutions (PBI CIS redraft).

The Committee affirms the need to update the ACNC Commissioner’s Interpretation Statement on Health Promotion Charities (current HPC CIS) in light of the decision in Waubra Foundation and Commissioner for the Australian Charities and Not-for-profits Commission [2017] AATA 2424 (Waubra). However, significant reworking of the redraft is required.

In response to the second consultation question, the Committee recommends that the introductory wording set out in the current HPC CIS be retained.

Read the full submission below.

Last Updated on 29/08/2024

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