Updates on the Charities (Amendment) Act 2024

The Charities (Amendment) Act 2024 contains a number of important revisions and updates?to the Charities Act 2009 that will be introduced on a phased basis. As of 27 January 2025, the first changes have come into effect. While most of these changes will have no impact on the day-to-day operations of charities, there are a number of changes that we want to highlight.

Definition of a trustee

The changes, including amendments to various definitions, provide greater clarity. For example, if your charity is a company, the company secretary is no longer automatically considered a charity trustee:

• If the company secretary’s role is purely administrative, they will no longer be a trustee.
• However, if the company secretary is also a company director, they remain a trustee.

Charities that are companies should take this opportunity to make sure they understand the role of their company secretary and make any necessary updates. Charities can update trustee information via MyAccountby completing and submitting an Update Trustees, Connections and External Advisors Form.

We would also encourage every charity to check that all details on the Register for your charity are correct, and if not, complete and submit a Charity Details Verification form. You will find helpful information on how to update your charity trustees and other charity details in our dedicated webpage for updating the Register.

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Providing information to the Charities Regulator

The vast majority of charities provide information to the Charities Regulator on a voluntary basis when we engage with them when an issue arises in relation to their organisation. However, occasionally we need to formally direct charities to provide information. Changes have been made that now allow the Charities Regulator to specify a time limit for responding and the format in which the information must be provided.

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Strengthened protections

The first set of changes include stronger protections for charities, charity assets and trustees. For example,

• Trustees appointed by the High Court to a charity will have an indemnity to protect them in relation to actions prior to their appointment
• The High Court can order a charity to wind up or dissolve if necessary.

We have a simple explainer which provides further information on the changes introduced under the first commencement order. The Charities Regulator is continuing to liaise with the Department of Rural and Community Development, to plan and prepare for the implementation of future commencement orders.

We have published?an overview of the Act and have a dedicated webpage with more details on this and any subsequent commencement orders, what they change in the Charities Act 2009, and what these changes mean for charities.