From: Rob Kilpatrick
Sent: Thursday, 11 August 2011 9:49 PM
To: NFP Reform Consultation
Subject: 'In Australia' Special Conditions for Tax Concession Entities

Dear Sir

We have been reviewing the legislation regarding the 'In Australia' Special Conditions for Tax Concession Entities and wish to express our concerns regarding it.

One of the problems of not having legal training is my failure to grasp words like 'restate' as in legislation that will restate the 'in Australia' special conditions for tax concession entities when I think the word they're looking for is 'emasculate'. Like I say, its the problem of not having legal training. The word 'reform' in the email address sounds like a closer synonym to the legislation's intent. It seems to me to completely alter the basis on which tax exemption is granted from 'character and purpose' to 'type of organization you interface with' with an accomanying myopia unable to see beyond our own shores that is astounding.

Traidmission is setting up at present to work with a major coalition of people like the World Council of Churches, the World Evangelical Alliance and UNAIDS etc to run a program that will engage around issues of stigma and discrimination and raise funds at the same time. The funding will be given to those working in Leprosy, TB and AIDS all of which are diseases that attract seemingly universal stigma. Many of these organizations have offices in Australia and much of that money we will help raise for them will not be spent on organizations that meet the criteria outlined in this legislation. It would be a pity for Australian civic society to miss out on a transformative project because of a lack of understanding by the tax department and legislature of the basis on which many wonderful organizations exist and work.

I think the legislation is ill conceived. For the kind of work we are setting up to do it will be obstructive and restrictive and as such is both unreasonable and unfair. It will be hugely disadvantaging to us, and ultimately those oppressed minorities who depend on what projects like ours can give to them. This legislation is far too qualifying on the way in which funds can be applied overseas and seems determined to defund civic society, the very group who will ultimately produce good and lasting transformative development of the type your government says it wants to see. 

We submit that you should withdraw and reconsider the legislation after talks with representative groups from the NFP sector. We will be supporting those like Mooreslegal who understand much more of the implications of this legislation than a simple layperson like myself because there was so little time between discovery of this legislation and deadline for submission. 

Yours 

Robert Kilpatrick
For Traidmisison

		

		
Rob Kilpatrick | Director 
rob@traidmission.com |  www.traidmission.com
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