Charities & not-for-profits compliance in South Australia

Charity public fundraising — state authority cycle

Each state requires authorisation for public fundraising appeals.

Notifiable Data Breach (NDB) scheme

Under the NDB scheme, APP entities must notify the OAIC and affected individuals of an eligible data breach likely to cause serious harm — assessed within 30 days.

PAF (Private Ancillary Fund) governance + minimum distributions

PAFs must distribute minimum 5% of net assets annually + comply with PAF Guidelines.

Lodge the ACNC Annual Information Statement

Registered charities must lodge the AIS within 6 months of the end of the reporting period.

Comply with ACNC Governance Standards

Six governance standards covering NFP purpose, accountability, compliance, suitability, duties and PBI requirements.

Maintain DGR endorsement

Deductible Gift Recipients must keep meeting the requirements of their DGR category for as long as they are endorsed.

Comply with ACNC External Conduct Standards (overseas activity)

Charities operating or sending funds overseas must comply with four External Conduct Standards.

Comply with the Spam Act 2003 (consent, identify, unsubscribe)

All commercial electronic messages must have consent, identify the sender, and offer a working unsubscribe.

Wash outbound marketing lists against the Do Not Call Register

Lists must be washed within 30 days of the call/SMS unless valid consent.

Avoid unfair contract terms in standard form consumer & small business contracts

From November 2023, unfair contract terms carry pecuniary penalties — up to $100M per term (from 28 March 2026).

Publish a Privacy Policy that meets APP 1

Every APP entity needs a clearly-expressed Privacy Policy covering APP 1.4 requirements.

Maintain Basic Religious Charity status (ACNC) — limited carve-outs

Basic religious charities have limited ACNC governance carve-outs but still register.