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Setting up a charity or a not-for-profit (NFP) organisation is an exciting step to take! But of course, like any other business, you need to consider how it will all work. What documents do you need? How will you be fundraising? And how will you obtain the right resources in 2025?
One of the most important things you should think about is your Charity Constitution. This governing document sets out the rights and duties of members and other key details.
Essentially, your Constitution needs to comply with the current regulatory requirements for NFPs in Australia, ensuring that your organisation remains transparent and accountable.
How Do You Write A Charity Constitution?
When it comes down to writing a Charity Constitution, the specific terms will depend on the nature of your charity. For instance, a standard Charity Constitution should typically contain:
- Your charitable purpose
- A statement confirming that you are operating on a not-for-profit basis
- The rights and duties of members
Since these terms can vary between different NFP organisations, it’s a good idea to consult with a lawyer who can ensure that your Charity Constitution is tailored to your organisation’s specific objectives. Being compliant with the governing bodies, such as the ACNC and ASIC, is crucial. You might also want to take a look at our Not-For-Profit Constitution package for more guidance.
Do I Need A Charter Or A Constitution?
Every charity must have a governing document that outlines how the organisation will be run. Depending on your charity structure, this document may be known by different names.
For example, if you are operating as a cooperative, your governing document will generally be known as your Charity Constitution. Alternatively, if your charity was established under an Act of Parliament or similar legislative framework, it may be referred to as a Charter. For more insights on organisational structures, you can also explore our website terms and conditions guide, which highlights effective document structures for various business models.
Who Should Have Access To My Charity Constitution?
You are typically required to provide a copy of your constitution to the Australian Charities and Not-For-Profits Commission (ACNC) before applying for charity registration. The ACNC will review your documentation to verify that you meet the eligibility criteria based on the 2025 regulatory standards.
If your charity is successfully registered, your constitution should be accessible on the public Charity Register, ensuring transparency and accountability with stakeholders, donors, and the community.
You also have the option to request that your constitution remains confidential, provided you can meet the specific requirements set by the ACNC. Typically, such requests are only granted if making the document public would compromise public safety or reveal sensitive operational details.
Where Can I Get A Charity Constitution?
Having a well-crafted constitution is essential to the effective operation of your charity. Not only does it define your organisational structure, but it also reassures donors and stakeholders about your commitment to governance and accountability. It’s advisable to seek professional legal assistance to ensure that your document is robust and fully compliant with current requirements.
Sprintlaw offers a Not-For-Profit Constitution package designed to help you hit the ground running in 2025. This package includes:
- Drafting a tailored constitution that reflects your charity’s unique objectives and complies with updated regulatory standards.
- Phone consultations with experienced Sprintlaw lawyers who can answer your legal questions and provide guidance on compliance matters.
- Incorporation of specific clauses that ensure your NFP status and clarify the rights and duties of your members.
Additional Considerations for 2025
In 2025, charities face evolving regulatory requirements and emerging best practices. It’s increasingly important to consider the impact of technological advancements on governance and fundraising. Digital donations, blockchain transparency, and modern data privacy practices are now central to maintaining trust. Take advantage of our additional resources such as our guide on reinstating an ABN and deed of accession advice to strengthen your organisational framework further.
Moreover, keeping abreast of changes in legal obligations can help you avoid common pitfalls. For example, reviewing our fair work guidance and staying updated with the latest business registration requirements will ensure your charity remains compliant and sustainable.
Next Steps
If you’re in the process of registering or restructuring your charity in 2025, our experienced team of lawyers is here to help. We offer expert advice and solutions to navigate the complexities of modern charity law, including preparing a robust Charity Constitution that aligns with ACNC requirements.
For a free, no-obligation consultation on your options going forward, please call us on 1800 730 617 or email us at team@sprintlaw.com.au. Also, check out our resources on modern fundraising strategies and business regulatory updates to further enhance your knowledge. This will ensure that your charity has a strong legal foundation to thrive well into the future.
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