Aussie Farms considers legal challenge to being stripped of charity status
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Version 0 of 1. Animal activist group accuses regulator of being under ‘extremely inappropriate influence’ of animal agriculture industry The animal activist group Aussie Farms is considering a legal challenge against the regulator after it was stripped of its charity status, alleging the Australian Charities and Not-for-profits Commission has been subject to “inappropriate” external influence. The executive director of Aussie Farms, Chris Delforce, also claimed that the animal agriculture industry was notified in advance of the commission’s decision to revoke the organisation’s charity status, which was announced by the regulator on Monday. “It is extremely disappointing and concerning that the animal agriculture industry, whose business interests are at direct odds with our charitable purpose of ‘preventing or relieving the suffering of animals’, were notified in advance of this decision by the [commission] as late as last week and possibly earlier,” Delforce said. “This, in combination with the language used in communication with us from the [commission] earlier this year, points to a clear and extremely inappropriate influence from that industry in the making of this decision, and more broadly speaks to the [commission’s] failure to conduct this investigation independently of external influence.” Given what it claimed was a lack of independence on behalf of the regulator and a “clear bias” towards industries that were opposed to its charitable purpose, Aussie Farms thought an appeal through the commission would be “futile”, it said. “At this stage we are calling for an external review of the [commission’s] ability to perform its role independently as it ought to do, and must now consider whether to pursue legal action for gross misuse of the [Australian Charities and Not-for-profits Commission] Act,” Delforce said. On Monday the commission said revocation was the “most serious” action it could take against a registered charity. “Charities must stick to their purpose, and maintain their obligations under the ACNC Act, Charities Act and adhere to governance standards,” its commissioner, Gary Johns, said. The agency said it would not release reasons or details of the investigation that led to the decision because of secrecy provisions in the act. It had investigated Aussie Farms after complaints and a referral from the federal government, which had accused Aussie Farms of encouraging vigilantism and trespassing. The assistant minister for finance and charities, Zed Seselja, praised the decision, saying it was important that charities recognised their “privileged position” and did not take advantage of it. “There can be no doubt groups such as Aussie Farms, whose operations involve encouraging trespass on private property and the sabotage of legitimate businesses, constitute an abuse of that privileged position,” he said on Tuesday. “Political activists and organisations condoning criminal activities masquerading as charities corrodes Australians’ trust in charities overall. “There is no place in the charities sector for these groups.” The website of Aussie Farms published information and photographs from members about farm practices and an interactive map that listed locations of farms, abattoirs and dairies. After widespread vegan protests earlier this year, the Coalition won support for its “vegan terrorist” laws aimed at the group, which made it an offence for anyone to encourage or promote trespassing. Delforce said the only consequence of the commission’s actions was that Aussie Farms would have to pay tax on any unspent fundraising at the end of each financial year. “We remain a non-profit animal protection organisation dedicated to exposing and ending systemic animal cruelty,” he said. |