Country Idealist Profiles

Victoria (Aus) – NFP regulation

Key regulators of the NFP sector in Victoria include:

• Consumer Affairs Victoria (CAV), which administers the key regulation of the sector, including the Associations Incorporation Act 1981, the Co-operatives Act 1996, the Fundraising Appeals Act 1998;

• the State Revenue Office (SRO), which processes applications for exemptions from various Victorian Government taxes and charges; and

• the Victorian Commission for Gambling Regulation (VCGR), which administers the Gambling Regulation Act 2003. The Gambling Regulation Act includes regulation of minor gaming activities used by NFPs for fundraising purposes, such as raffles and bingo.

Forms of regulation

Explicit government regulation: primary and subordinate legislation

The most explicit form of government regulation is legislation, either primary legislation, namely Acts of Parliament, or subordinate legislation, such as statutory rules (commonly referred to as ‘regulations’, a terminology that can create some confusion), ministerial orders, mandatory codes of practice and other legislative instruments. Subordinate legislation must be authorised by primary legislation, but is not made by the Parliament. If a code of practice or other instrument is made under primary legislation that also authorises the imposition of penalties for breaches, then in effect the code becomes part of the legislation, although it will rarely be published with the primary legislation.

Co-regulation

Co-regulation typically refers to the situation where an industry or professional body develops the regulatory arrangements (such as a code of practice, accreditation or rating schemes), in consultation with a government. While the industry administers its own arrangements, the government provides legislative backing to enable the arrangements to be enforced. Co-regulation is common in relation to professions such as lawyers and engineers.

Quasi-regulation

Quasi-regulation refers to the range of rules, instruments and standards whereby government influences organisations to comply, but which do not form part of explicit government regulation. Governments may assist in developing industry codes of conduct under quasi-regulation (such as through official endorsement, representation on monitoring committees, provision of funding), but government undertakes no enforcement activity.

Self-regulation

Self-regulation sits at the opposite end of the spectrum to explicit government regulation. Self-regulation is generally characterised by the development of voluntary codes of practice or standards by an industry, with the industry solely responsible for enforcement. In this instance, the government’s role may be non-existent, or limited to the provision of advisory information.

http://www.dpcd.vic.gov.au/Web14/dvc/rwpgslib.nsf/GraphicFiles/SSA+NFP+report+smaller/$file/NFP_FInalRpt_smaller.pdf


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