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Inside Internal Controls

News and discussion on implementing risk management

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Observing the impossible law

That charities are subject to laws that cannot be obeyed is symptomatic of several problems. In part this can be traced back to the federal government’s lack of constitutional jurisdiction in legislating in this area (a topic we have written about many times). But the role of the courts in ensuring that laws meet the principles of natural justice has become muddied with the long record of losses by charities at the Federal Court of Appeal. However, the solution to this particular problem—including some of the more problematic parts of the political activities tests may be simpler than redrafting the constitutional division of powers.

 

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