The charity status of Care 4 Kids Foundation of Australia Ltd and Indigenous Foundation of Australia Ltd have been revoked after the national charity regulator, the Australian Charities and Not-for-profits Commission, ruled their operations were not solely charitable.
The decision follows five months of investigation into the charities’ activities and purposes by the ACNC. The investigations were undertaken with the charities’ co-operation. Both charities were given an opportunity to show cause why their registration should not be revoked and their responses were taken into account before a final decision was made. The charities are able to object to this decision and can reapply to be registered when the ACNCs’ concerns are wholly addressed.
ACNC Commissioner Susan Pascoe said an organisation was entitled to registration with the ACNC if it met the requirements set out in section 25-5 of the Australian Charities and Not-for-profits Commission ACNC Act 2012. Registration entitles charities to apply for a range of Commonwealth charity tax concessions, such as deductible gift recipient status, and income tax exemption. Charities lose these benefits if their charity status is revoked.
Care 4 Kids Foundation of Australia Ltd operates in New South Wales, Victoria, Tasmania and South Australia. Indigenous Foundation of Australia operates in New South Wales and Tasmania. Both charities are managed by the same directors – Michael Johnson, Cherilyn Malbas and Edna O’Connor. The charities’ revoked status is recorded on the National Charity Register at www.acnc.gov.au/findacharity.
Commissioner Pascoe noted that these directors are also involved with a for-profit organisation, Cancer Foundation of Australia Pty Ltd. This organisation was not a registered charity and not within the ACNC’s jurisdiction.
Commissioner Pascoe urged members of the public to use the free online Charity Register to check a charity’s credentials before donating. Members of the public with a concern about a registered charity can visit www.acnc.gov.au or contacting the ACNC on 13 22 62, or email firstname.lastname@example.org