With Australia’s federal election just around the corner, charities across the country are considering how they can advocate for their causes while staying within the law. Can they push for policy changes? Can they engage with political candidates? Where is the line between advocacy and partisanship?
Let’s break it down.
Charities and Advocacy: The Basics
Charities play a vital role in shaping public debate, and they’re allowed to campaign on issues that align with their charitable purposes. However, there’s one big rule: they cannot promote or oppose a political party or candidate. This means that while charities can advocate for policy changes, they must remain politically neutral.
Navigating Election Advocacy: What’s Allowed?
So, what can charities do?
Here’s a quick guide:
- Advocate for policy changes that align with their mission (e.g., an environmental charity calling for stronger protections for endangered species)
- Educate the public on key election issues (e.g., a disability advocacy group sharing information on party policies affecting accessibility)
- Engage with elected officials to discuss relevant policies (e.g., a homelessness charity meeting with MPs to push for better housing policies)
- Publish factual, non-partisan information about policy positions (e.g., a human rights charity outlining how different parties approach refugee policies)
And what can’t they do?
- Endorse or oppose a political candidate or party
- Donate money to a political party or candidate
- Engage in unlawful activities (e.g., disrupting polling stations)
- Advocate for policies that contradict public safety, the rule of law, or Australia’s constitutional system
Real-World Scenarios: What Would You Do?
Let’s put this into action with some examples. Read each situation and think about whether the charity is acting within the law or crossing the line.
Example 1:
A charity focused on youth mental health releases a report comparing different party policies on mental health funding. They do not endorse a specific party but present facts.
Okay. This is an educational initiative, not partisan campaigning.
Example 2:
A charity fighting domestic violence encourages supporters to vote for a candidate who has pledged to increase funding for shelters.
Not okay. This could be seen as endorsing a candidate.
Example 3:
An environmental group meets with politicians from multiple parties to push for stronger climate policies.
Okay. Engaging with policymakers is part of advocacy, as long as they remain non-partisan.
Why It Matters
Public perception is crucial. Even if a charity doesn’t intend to appear politically biased, its actions—especially during an election—can influence how people see it. Charity leaders should carefully consider how their activities might be interpreted and ensure their actions remain aligned with their mission.
The election is a key moment for charities to push for meaningful change, but they must do so carefully. By focusing on issue-based advocacy and avoiding partisan politics, charities can maximise their impact while maintaining their status.
Want more details? Check out the Australian Charities and Not-for-profits Commission (ACNC) guidance to ensure your advocacy stays on the right side of the law.
For more information, please visit https://www.acnc.gov.au/tools/guides/charities-campaigning-and-advocacy.
Please get in touch with Warlows Legal today with any queries.
