In this edition
Our feature article examines the Australian Charity and Not-for-profits Commission’s (ACNC's) sharpened focus on terrorism financing and money laundering, analysing the rising risks facing charities, the ACNC’s expectations, the consequences of non-compliance and practical measures to strengthen controls. We also explore the latest developments shaping the not-for-profit and charity landscape including:
- Round 3 funding from the Housing Australia Future Fund (HAFF) is now open, introducing new funding streams and clearer pathways to accelerate the delivery of social and affordable housing.
- Amendments to the Australian Charities and Not-for-profits Commission Act 2012 (Cth) (ACNC Act) allowing for greater disclosure of investigation details.
- The passage of fundraising reforms in Western Australia (WA) and New South Wales (NSW).
- The Australian Security and Investments Commission (ASIC) has adopted a new approach to remove directors’ and other officeholders’ residential addresses from purchased company extracts.
- The ACNC has released free, self-paced governance tools covering conflicts of interest, related party transactions, and record-keeping to help boards assess and improve their compliance practices.
- Special Counsels Elizabeth Wighton and Haidee Leung will present an upcoming Legalwise Seminar on the topic 'Charity mergers and the new mandatory merger control regime'.
Research and resources
What charities need to know: the ACNC’s sharpened focus on terrorism financing and money laundering
Australia’s not-for-profit and charity sector plays a central role in delivering humanitarian and community services both domestically and internationally. With combined revenue exceeding $200 billion, the sector’s scale, cross-border operations and complex delivery environments create vulnerabilities, including the risk that legitimately raised funds or assets are diverted or misused for terrorism financing or related criminal activity. Our analysis explores the rising risks facing charities, the ACNC’s expectations, the consequences of non-compliance and practical measures to strengthen controls.
Click here to read our article the ACNC’s sharpened focus on terrorism financing and money laundering – what charities need to know.
HAFF Round 3 now open
On 30 January 2026, Housing Australia opened Round 3 of the HAFF, introducing new funding streams and clearer pathways to accelerate the delivery of social and affordable housing. This round aims to help deliver the remaining 21,350 homes required to meet the national target of 40,000 by 2029.
Key features of this funding round include:
Increased support for homes owned by First Nations-led organisations, with $600 million in ringfenced funding and a dedicated funding stream.
Emphasis on delivery certainty, with targeted support for homes that can be delivered in a timely manner. Housing Australia expects rolling completions from 2027, with all dwellings to be completed by June 2029.
A minimum of 1,200 homes in each state and territory, with strong regional representation.
Funding for well-located projects that improve liveability and respond to acute housing needs.
Support for proposals that demonstrate value for money and create long-term community benefit through Community Housing Providers and other eligible funding recipients.
Encouragement of collaboration across investors, developers, builders and delivery partners to maximise outcomes.
For more information, click here to access Gilbert + Tobin’s article HAFF Round 3: Australia’s most ambitious housing push yet and what it means for the market.
New ACNC secrecy provisions allow disclosure of investigation information
From 5 December 2025, changes to the secrecy provisions in the ACNC Act introduced two new exceptions to the usual prohibition on sharing “protected ACNC information”.
The amendments give the Commissioner a limited discretion to disclose certain protected ACNC information, namely:
The fact that the ACNC is conducting an investigation.
Information relating to an investigation.
For more information, see the ACNC's Operational Procedure: Protected ACNC Information, which includes details on each of the exceptions.
WA and NSW fundraising reforms passed
Fundraising is regulated by each state and territory. For charities operating across borders, this has often meant navigating different registration and conduct requirements.
The WA Parliament has recently passed legislation that:
Removes the requirement for ACNC registered charities to apply for a separate Western Australian fundraising licence. Instead, registered charities can fundraise in WA by notifying Consumer Protection WA of their intention to do so.
Enables nationally agreed, mandatory fundraising principles to be applied to all WA licences as licence conditions.
On 28 January 2026, the NSW Governor proclaimed the Customer Service Legislation Amendment Act 2024 (NSW), passed by both Houses in February 2024, will commence on 1 April 2026. On 3 February 2026, the NSW Parliament passed the Customer Service Legislation Amendment Regulation 2026 (NSW), which will also commence on 1 April 2026.
These amendments to NSW charitable fundraising legislation will:
Require all authority holders to comply with both the standard conditions in Schedule 1 of the Charitable Fundraising Regulations and the National Principles when conducting appeals.
Exempt ‘deemed authority’ holders from certain administrative requirements.
Suppression of directors’ residential details by ASIC
On 2 February 2026, ASIC announced current and historical company extracts purchased through its website will no longer contain the residential addresses of company officeholders including directors. The change has been made to address privacy and security concerns. ASIC has indicated it will work with registry intermediaries to support implementation and will continue to monitor impacts on users.
Further details are available from ASIC’s news centre.
Free online tools to support good governance in your charity
The ACNC offers a suite of free online tools designed to help charities strengthen governance processes, improve accountability and maintain ongoing compliance. The tools cover key areas such as conflicts of interest, related party transactions and record-keeping. You can complete each module at your own pace and print responses to support board discussions and action planning.
To access this resource, see the ACNC’s charity governance tools.
Upcoming events and webinars
Legalwise Seminar: Charity mergers and the new mandatory merger control regime
This online seminar covers a range of practical and comprehensive updates on legal, regulatory and governance matters affecting the not-for-profit and charitable sector. The seminar includes a one-hour presentation from our very own Elizabeth Wighton and Haidee Leung on the topic ‘Charity mergers and the new mandatory merger control regime’.
Event details
Date: Wednesday, 25 February 2026
Time: 9am to 1:15pm AEDT (with Elizabeth and Haidee presenting from 12:15pm to 1:15pm)
Format: online via Zoom (with an option to register and access the post-seminar recording)
For legal practitioners: Earn up to 4 CPD Units in Substantive Law by attending the webinar.
We acknowledge and pay respect to the custodians of the lands upon which our offices are located – the Gadigal people (Sydney), the Wurundjeri Woi-wurrung people (Melbourne) and the Whadjuk Nyoongar people (Perth), as well as all custodians across this nation.
We also recognise the continuing contribution Indigenous charities, not-for-profit organisations and their supporters, together with all First Nations Peoples, provide in addressing the unique systemic disadvantages arising from historical, societal and structural inequalities. It is an honour and a privilege to support this important work and we thank our First Nations clients, partners and friends for their generosity in sharing their knowledge, culture and experiences with us.