‘Unconstitutional, indefensible’: Lawyers bash proposed changes to charity sector
By Jerome Doraisamy|16 March 2021
If proposed amendments to Australia’s charity sector pass, the sector’s ability to provide access to justice will be diminished, and the capacity of corporate lawyers to provide pro bono will also be hindered.
The federal government recently issued proposed amendments to the Australian Charities and Not-for-profits Commission’s governance standard 3, together with an exposure draft that could, lawyers said, very significantly broaden the basis upon which the ACNC Commissioner could deregister a charity.
Should the changes go through, a charity may be able to be deregistered in cases extending beyond indictable offences and those attractive civil penalties of 60 penalty units, or for failing to take reasonable steps to ensure a charity’s resources are not used to promote or support unlawful conduct.
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Sweeping new powers for the AFP and Australian Criminal Intelligence Commission could see innocent users of social media services such as WhatsApp deemed criminals.
By
Karen Middleton.
AFP Commissioner Reece Kershaw at senate estimates last year.
Credit: AAP Image / Mick Tsikas
People who use social media platforms that others may use for crime, such as WhatsApp, Twitter, Instagram or Facebook, could be deemed part of a criminal network and have their bank, email and other online accounts disrupted or seized under sweeping proposed police powers.
The new legislation creates three new kinds of warrants that would give the Australian Federal Police (AFP) and the Australian Criminal Intelligence Commission (ACIC) sweeping disruption and surveillance powers.
The powers given to two law enforcement bodies within three new computer warrants need further work, representatives from the Human Rights Law Centre and the Law Council of Australia say.
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The Greens are pushing for a Senate inquiry into the processing of family reunion visas over concerns the system is being plagued by lengthy waiting periods and exorbitant costs.
SBS News understands the Legal and Constitutional Affairs Committee has agreed to the inquiry that would be put to a vote in the Senate next week.
Deputy Greens leader Nick McKim had earlier called for the inquiry, which would have a particular focus on partner and parents visas.
His push for an overhaul of the family visa system comes as Australia’s migration program has been rocked by the coronavirus pandemic.