Key points

• Australian charities need to exercise caution if they wish to participate in the 2025 Australian federal election, by engaging in issue-based public policy advocacy in furtherance of their charitable purposes.
• Your charity should consider, on a case-by-case basis, whether its public policy advocacy is consistent with its obligations under charity and electoral law applying to it.

Background

The 2025 Australian federal election must be held on or before 17 May 2025. We have previously written on this issue, and this issue continues to be critical for charities as we approach another election.

Australian charities are permitted to engage in issue-based public policy advocacy and can support or oppose policy proposals – before, during and after the 2025 Australian federal election. 

However, any issue-based public policy advocacy must:

• solely further your organisation’s charitable purposes
• be permitted by your organisation’s constitution
• not further any unlawful purposes (such as engaging in illegal activity)
• not further purposes that are contrary to public policy
• not further any political purposes
• be in the best interests of your organisation

Further, an Australian charity that engages in issue-based public policy advocacy should generally not be engaging in any activity that would require disclosure of campaign spending to the Australian Electoral Commission.

It is important for Australian charities to consider, check and confirm that their public policy advocacy is nonpartisan.

Practical example #1: Invitation to fundraising event

You are the CEO of a disability services provider. You and your senior management team have been invited to attend a fundraiser hosted by the Minister for the NDIS. The cost to attend this fundraiser is $500, which is payable as a donation to the Minister’s political party.

This political donation may put your organisation’s charity status at risk.

Practical example #2: Political updates sent by your organisation to your members and supporters

You are the chairperson of a charity that is focused on aged care policy. Your organisation wants to send emails and flyers to all of its members and supporters, to compare the political parties’ stances on aged care policy for the 2025 Australian federal election.

Depending on what these emails and flyers say:

• your organisation is generally permitted to send these emails and flyers out to its members; and
• your organisation does not need to disclose to the AEC the costs involved in creating these emails and flyers.

Charities – what you can do and what you can’t do in the context of political advocacy

This list of examples is not exhaustive; other scenarios may be relevant.

Takeaways

Your charity should consider, on a case-by-case basis, whether its public policy advocacy is consistent with its obligations under charity and electoral law applying to it. It is prudent to seek legal advice as you undertake this case-by-case assessment.

Please contact Campbell Hudson if your organisation wishes to discuss its compliance with Australian political and electoral laws applying to it.