Starting a charity is a powerful way to make a difference, driven by a commitment to fulfilling an important social purpose. But turning that vision into a legally compliant and effective organization requires careful planning and a clear understanding of the registration process.
This guide outlines the key steps and requirements for registering a charity with the Australian Charities and Not-for-profits Commission (ACNC) in 2025, from meeting eligibility criteria to establishing a robust governance structure.
Eligibility Requirements for Charity Registration in 2025
Before you can apply for registration, your organization must satisfy four fundamental eligibility requirements set by the ACNC.
- Be a not-for-profit: Your organization cannot operate for the profit or personal gain of its members. This must be clearly stated in your governing documents.
- Have a charitable purpose: Your charity’s purpose must align with one of the charitable purposes listed in the Charities Act 2013 (Cth). These can include advancing education, relieving poverty, or improving the environment.
- Provide a public benefit: Your activities must benefit the public, whether through providing goods, services, counseling, or other means.
- Meet ACNC Standards: You must have an Australian Business Number (ABN) and not be an individual or a partnership. Crucially, you must comply with the ACNC Governance Standards. If you plan to operate overseas, you must also meet the ACNC External Conduct Standards.
If you meet these criteria, you can proceed with the online application for registration, which requires details on your charity’s purposes, structure, governance, and resources.
Determining Your Charity’s Legal Structure
Choosing the right legal structure is a critical early step, as it forms the building blocks for your charity’s future. Your legal entity affects your organization’s legal identity, how it is governed, the personal liability of its members, and its obligations to government agencies.
The structure you choose may also depend on your operational footprint. For example, whether you intend to operate in multiple states and territories can help determine the most suitable entity type for your needs.
The Importance of Governing Documents in Charity Registration
A formal governing document is a mandatory requirement for registration. This document—which may be called a constitution, rules, articles of association, or trust deed—sets out the formal framework of your organization.
At a minimum, it must include:
- The organization’s legal name.
- Its charitable purposes.
- A clause confirming it operates on a not-for-profit basis.
- The rules for how the organization is governed, makes decisions, and will be wound up if necessary.
As part of the application, you must also provide a full list of the responsible persons who govern the organization, such as board members, directors, or trustees.
How Do You Maintain Compliance?
The directors and responsible persons of a charity have a significant duty to ensure the organization complies with all relevant laws. This is an ongoing responsibility that covers a wide range of areas, including but not limited to:
- Corporations and tax laws.
- Employment and workplace health and safety laws.
- Equal opportunity and anti-discrimination laws.
- Consumer and fair-trading laws.
- Human rights and criminal laws.
For charities operating overseas, compliance extends to international laws concerning anti-money laundering, counter-terrorism financing, anti-bribery, and anti-slavery. To manage these obligations, your charity will need to develop and maintain a series of key policies and registers covering issues like conflicts of interest, volunteer management, financial delegations, and the protection of vulnerable people.
Getting Started on Your Mission
The journey to establishing a registered charity is detailed, but it ensures your organization is built on a solid, compliant foundation. Once you have prepared your business plan, determined your legal structure, and drafted your governing documents, you can lodge your application with the ACNC.
No matter where you are on the pathway to registering your charity, expert guidance can help turn your commitment into a reality. The Not-for-Profit team at Birchgrove Legal is here to help with a confidential discussion about your goals. Book a call with us today.
