CHARITIES, ELECTION CAMPAIGNING AND THE AUSTRALIAN CONSTITUTION

In this article I argue that the political advocacy of charities is crucial to Australia's political sovereignty. I analyse the role of charities as political actors in Australian political sovereignty and argue that the integrity and independence of the sector must include the freedom to speak out, or to speak up. I question whether contemporary political culture in Australia respects this proposition. Finally, I argue that although charities do have a role to play in our constitutional system of democracy, that role is, and ought to be, a regulated one. I consider how this is done in the context of both the Charities Act 2013 (Cth) and the Commonwealth Electoral Act 1918 (Cth), and I question whether current reforms to electoral law effectively ensure that the sector is not used to place undue influence on electors.