The Manager
Philanthropy and Exemptions Unit
Personal and Retirement Income Division
The Treasury
Langton Crescent
PARKES ACT 2600

Submission on Statutory definition of a Charity

We recommend strongly that the Presumption of Public Benefit be retained in the new legislation and NOT be removed for 

•	Religious
•	Educational or
•	Benevolent

entities.

•	Historically the work of such entities has always been regarded as being for the public benefit and for the general good of society, and they continue to do so.
•	As with our organisation, the great majority of such entities are run by volunteers or staff who have forgone higher potential remuneration to work altruistically in the NFP sector.  Collectively, we frequently operate on very limited budgets, and could not afford the expense of proving presumption either through the courts or with legal help.  
•	The cost of proving presumption would greatly reduce the resources available for our core charitable business, if those resources are indeed available.
•	In our view, the removal of this presumption will potentially lead to a clogging of the courts, and great uncertainty in the NFP sector.  Some organizations may even decide to close down, to the detriment of the sectors of society they currently benefit or advocate for.

•	It is pertinent that Ireland has just reinstated the presumption of public benefit, after initially removing it.

Thank you 

SIGNED

Lindsay Fell
Joint National Director
Second Wind Network
66 Cadogan St
Carindale   Q 4152

www.secondwind.net.au