Myles McGregor-Lowndes

A Standard for Regulatory Compliance? Industry Self-regulation, the Courts and AS3806-1998

The primary objective of this article is to describe recent Australian moves to greater industry self-regulation and, within that context, to examine the development of AS3806, a voluntary standard developed by Standards Australia, which firms may use as a model or template for the design and management of their regulatory compliance systems. The article is divided into four sections. The first provides an outline of recent Australian developments regarding industry self-regulation and compliance. The second describes the growing interest in industry codes of conduct and the role of the Australian Competition and Consumer Commission (ACCC). The third describes the main features of AS 3806. The fourth examines the question of compliance standards in relation to the legal process, focusing on two recent cases and is followed by a conclusion.

Charity Law Reforms: Overview of Progress Since 2001

In the UK, Singapore, Canada, New Zealand and Australia, as in many other jurisdictions, charity law is rooted in the common law and anchored on the Statute of Charitable Uses 1601. The Pemsel classification of charitable purposes was uniformly accepted, and together with a shared and growing pool of judicial precedents, aided by the ‘spirit and intendment’ rule, has subsequently allowed the law to develop along much the same lines. In recent years, all the above jurisdictions have embarked on law reform processes designed to strengthen regulatory processes and to statutorily define and encode common law concepts. The reform outcomes are now to be found in a batch of national charity statutes which reflect interesting differences in the extent to which their respective governments have been prepared to balance the modernising of charitable purposes and other common law concepts alongside the customary concern to tighten the regulatory framework.

Foundations in Australia: Dimensions for International Comparison

Australia lacks a dedicated legal structure for foundations, and public data on its philanthropic sector are sparse. There is no public registry of foundations as opposed to charities generally, and the information held by the revenue office on foundation activity is generally unavailable. Available data are presented and show that Australian foundations are experiencing a phase of slow but steady growth in both numbers and size, punctuated by an increasing number of high-profile philanthropic donations by individuals, which are bringing public attention to the sector. This has been partially enabled by new tax arrangements that permit modified U.S.-style family foundations. Community foundations and collective giving are steadily growing as well. The major fields of foundation activity as well as their growing roles in Australian society are described. Finally, a research agenda is proposed that encompasses not only improved data collection but an exploration of emerging trends such as foundation staff professionalization, response to government marketization of welfare provision, and the increasing voice of foundations concerned with the environment.