{"id":"BILL-TAS-tasmanian-community-fund-amendment-bill-2025-55-of-2025","name":"Tasmanian Community Fund Amendment Bill 2025","slug":"tasmanian-community-fund-amendment-bill-2025","collection":"bill","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-01-01","administeringDepartment":null,"currentVersion":{"id":446207,"registerId":"BILL-TAS-tasmanian-community-fund-amendment-bill-2025-55-of-2025:current","compilationNumber":null,"startDate":"2025-01-01","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:49:02.911Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Tasmanian Community Fund Amendment Bill 2025\n\n[Bill 55]-VI\nTASMANIA\n__________\nTASMANIAN COMMUNITY FUND AMENDMENT\nBILL 2025\n__________\nCONTENTS\n1. Short title\n2. Commencement\n3. Principal Act\n4. Section 6 amended (Tasmanian Community Fund Board)\n5. Section 7 amended (Functions of Board)\n6. Sections 7A and 7B inserted\n7A. Grants framework\n7B. Strategic plan\n7. Section 11 amended (Annual report of Board)\n8. Section 11A inserted\n11A. Audit of grants process\n9. Repeal of Act\n\n2\n\n[Bill 55] 3\nTASMANIAN COMMUNITY FUND AMENDMENT\nBILL 2025\n(Brought in by the Minister for Community and Multicultural\nAffairs, the Honourable Madeleine Ruth Ogilvie)\nA BILL FOR\nAn Act to amend the Tasmanian Community Fund Act 2005\nBe it enacted by Her Excellency the Governor of Tasmania, by\nand with the advice and consent of the Legislative Council and\nHouse of Assembly, in Parliament assembled, as follows:\n1. Short title\nThis Act may be cited as the Tasmanian\nCommunity Fund Amendment Act 2025.\n2. Commencement\nThis Act commences on the day on which this\nAct receives the Royal Assent.\n3. Principal Act\nIn this Act, the Tasmanian Community Fund Act\n2005* is referred to as the Principal Act.\n_______________________________________________________________\n*No. 80 of 2005\n\nTasmanian Community Fund Amendment Act 2025\nAct No. of 2025\ns. 4\n4\n4. Section 6 amended (Tasmanian Community Fund\nBoard)\nSection 6 of the Principal Act is amended by\ninserting after subsection (6) the following\nsubsection:\n(7) For the avoidance of doubt, the Board\nis –\n(a) a State authority for the purposes\nof the Archives Act 1983 and the\nAudit Act 2008, and is required to\ncomply with those Acts\naccordingly; and\n(b) a statutory authority for the\npurposes of the Public Accounts\nCommittee Act 1970 and, for the\npurposes of that Act, a grant\nprovided by the Board, under this\nAct, is taken to be expenditure\nauthorised by the Board.\n5. Section 7 amended (Functions of Board)\nSection 7 of the Principal Act is amended as\nfollows:\n(a) by inserting the following subsection\nafter subsection (2):\n(2A) The Board may not provide a\ngrant under subsection (1)(a) if\nthe Board believes, on reasonable\n\nTasmanian Community Fund Amendment Act 2025\nAct No. of 2025\ns. 6\n5\ngrounds, that the grant is, or may\nbe, for a political purpose.\n(b) by inserting the following paragraph after\nparagraph (a) in subsection (5):\n(ab) act independently, apolitically,\nprofessionally, impartially and in\nthe public interest when\nperforming its functions and\nexercising its powers; and\n6. Sections 7A and 7B inserted\nAfter section 7 of the Principal Act, the\nfollowing sections are inserted:\n7A. Grants framework\n(1) As soon as practicable after the\ncommencement of this section, the Board\nis to prepare a framework that specifies\nthe principles and practices that apply in\nrespect of the provision of grants under\nthis Act.\n(2) A framework prepared under\nsubsection (1) –\n(a) must be prepared in accordance\nwith, and must reflect, any\nTreasurer’s Instructions, within\nthe meaning of the Financial\nManagement Act 2016, issued in\nrespect of the management of\ngrants and grants programs; and\n\nTasmanian Community Fund Amendment Act 2025\nAct No. of 2025\ns. 6\n6\n(b) is to be prepared in accordance\nwith contemporary national and\ninternational standards, and best-\npractice principles, that apply in\nrelation to the management of\ngrants and grants programs; and\n(c) may adopt, either wholly or in\npart and with or without\nmodification, an existing\ndocument, specification or\nframework.\n(3) The Board is to ensure that, as far as is\nreasonably practicable, there is always a\ngrants framework in effect under this\nsection.\n(4) As soon as practicable after preparing a\ngrants framework under this section, the\nBoard is to ensure that –\n(a) a copy of the framework is\npublished on a website\nmaintained by, or on behalf of,\nthe Board; and\n(b) as far as is reasonably possible,\nthe framework remains published\nwhile it is in force.\n(5) If requested to do so, the Board is to\nprovide a physical copy of a grants\nframework, prepared under this section,\nthat is in force at the time at which the\nrequest is made.\n\nTasmanian Community Fund Amendment Act 2025\nAct No. of 2025\ns. 6\n7\n(6) A grants framework prepared under this\nsection must be reviewed at least once in\neach 4-year period.\n7B. Strategic plan\n(1) As soon as practicable after the\ncommencement of this section, and at\nleast once in every 4-year period, the\nBoard is to prepare a strategic plan.\n(2) A strategic plan prepared under\nsubsection (1) is to –\n(a) detail –\n(i) the general objectives of\nthe Board for the period\nto which the plan relates;\nand\n(ii) the manner in which the\nBoard intends to achieve\nthose objectives; and\n(iii) how the Board intends to\nmanage conflicts of\ninterest; and\n(b) specify how the general\nobjectives detailed in the strategic\nplan reflect the functions of the\nBoard, as specified in this Act;\nand\n(c) be in respect of the following 4\nfinancial years.\n\nTasmanian Community Fund Amendment Act 2025\nAct No. of 2025\ns. 6\n8\n(3) In preparing a strategic plan under\nsubsection (1), the Board –\n(a) must –\n(i) release a draft of the\nstrategic plan for public\nsubmissions for a period\nof at least 21 days; and\n(ii) consider any submissions,\nmade in respect of the\ndraft, before completing\nthe preparation of the\nstrategic plan under this\nsection; and\n(b) may consult such persons as it\nthinks fit.\n(4) The Board is to ensure that, as far as is\nreasonably practicable, there is always a\nstrategic plan in effect under this section.\n(5) As soon as practicable after preparing a\nstrategic plan under this section, the\nBoard is to ensure that –\n(a) a copy of the plan is published on\na website maintained by, or on\nbehalf of, the Board; and\n(b) as far as is reasonably possible,\nthe plan remains published while\nit is in force.\n\nTasmanian Community Fund Amendment Act 2025\nAct No. of 2025\ns. 7\n9\n(6) If requested to do so, the Board is to\nprovide a physical copy of a strategic\nplan, prepared under this section, that is\nin force at the time at which the request\nis made.\n7. Section 11 amended (Annual report of Board)\nSection 11(1) of the Principal Act is amended by\ninserting after paragraph (b) the following\nparagraphs:\n(ba) how the strategic plan prepared under\nsection 7B, as in force for the financial\nyear, was implemented during the\nfinancial year, including the steps taken\nduring the financial year to achieve the\nobjectives specified in the strategic plan;\nand\n(bb) if an audit was performed during the\nfinancial year in accordance with\nsection 11A, a copy of the outcomes and\nkey findings of the audit; and\n8. Section 11A inserted\nAfter section 11 of the Principal Act, the\nfollowing section is inserted:\n11A. Audit of grants process\n(1) Within 12 months after the\ncommencement of this section, and at\nleast once in every 4-year period, the\nBoard must engage an auditor to perform\n\nTasmanian Community Fund Amendment Act 2025\nAct No. of 2025\ns. 9\n10\nan audit of the Board’s compliance with\nthe grants framework in force under\nsection 7A.\n(2) An auditor engaged to perform an audit\nunder subsection (1) must act\nindependently when performing such an\naudit.\n(3) A copy of the outcomes and key findings\nof the most recent audit performed under\nsubsection (1) is to be published on the\nwebsite maintained by, or on behalf of,\nthe Board.\n(4) At the same time at which the annual\nreport, for a financial year in which an\naudit was completed, is submitted to the\nMinister under section 11, the Board is to\nprovide the following documents to the\nMinister:\n(a) a copy of the report prepared in\nrespect of the audit;\n(b) a written statement of the steps\ntaken, if any, by the Board in\nresponse to the audit.\n9. Repeal of Act\nThis Act is repealed on the first anniversary of\nthe day on which it commenced.\nGovernment Printer, Tasmania","sortOrder":0}],"analysis":{"summary":{"status_summary":"The Tasmanian Community Fund Amendment Bill 2025 was introduced in the House of Assembly and has not yet passed.","complexity_score":5,"likely_questions":["What kinds of grants would be considered 'for a political purpose' under the new restriction?","How will the Board determine which national and international standards are 'contemporary' for the grants framework?","What happens if the Board does not have a grants framework or strategic plan in effect at all times?","Who will conduct the independent audit and what happens if the audit finds non-compliance?","How will the public consultation on the strategic plan work in practice (e.g., format of submissions, timeframe)?"],"complexity_factors":["Multiple new procedural obligations for the Board: grants framework, strategic plan, public consultation, independent audit.","Interplay with existing legislation such as the Financial Management Act 2016, Archives Act 1983, Audit Act 2008, and Public Accounts Committee Act 1970.","Vague standard 'political purpose' and 'reasonable grounds' leaves interpretive uncertainty.","Requirement to align with 'contemporary national and international standards' introduces fluid external benchmarks.","The Bill is self-repealing after one year, which may cause confusion about ongoing applicability of amendments."],"plain_english_summary":"This Bill tightens governance, transparency and accountability for the Tasmanian Community Fund Board by declaring it a State/statutory authority, banning grants for identified political purposes, requiring a published grants framework and four‑year strategic plan with public consultation, and mandating independent compliance audits. \n\nThe changes constrain Board discretion and increase administrative and audit costs (reducing funds for grants) while giving applicants, Parliament and the public clearer oversight—though terms like “political purpose” and “reasonable grounds” remain undefined."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The Bill expands the Board's statutory governance and accountability obligations beyond a simple grant-making function. New mandatory requirements (a published grants framework aligned with Treasurer's Instructions (s. 7A), a four‑year strategic plan with public consultation and conflict-of-interest procedures (s. 7B), periodic independent audits of compliance with the grants framework and publication of outcomes (s. 11A), and formal classification under the Archives and Audit Acts and the Public Accounts Committee Act (amendment to s. 6)) collectively broaden the Board's remit from discretionary grant distribution toward a regulated, documented and externally auditable grant-administration regime. These changes increase procedural obligations, reporting and oversight and thus extend the operational scope and accountability footprint of the Fund compared with the simpler grant-distribution role in the Principal Act."},"complexity_factors":["Short Bill: limited number of sections (inserts two new sections 7A and 7B, adds s. 11A, and amends existing sections 6, 7 and 11).","Cross-references to other legislation: Archives Act 1983, Audit Act 2008, Public Accounts Committee Act 1970, Financial Management Act 2016 (Treasurer's Instructions).","Judgment-based standards: multiple \"reasonable\" and \"as far as is reasonably practicable\" standards that create interpretive discretion (e.g. s. 7(2A), s. 7A(3),(4),(6), s. 7B(4)).","Timing rules and concurrency: first audit required within 12 months and then at least once every 4 years (s. 11A), and review cycles for framework and plan at least every 4 years (ss. 7A(6), 7B(1),(3)).","Public consultation requirement: draft strategic plan must be open for submissions for at least 21 days (s. 7B(3)(a)(i)).","Publication and record-keeping obligations: ongoing publication on a website and provision of physical copies on request (ss. 7A(4),(5); 7B(5),(6); 11A(3)).","Discretionary prohibition: the \"political purpose\" bar depends on the Board's reasonable belief, introducing potential for contested decisions (s. 7(2A)).","Sunset/repeal clause for the amending Act itself (s. 9) which could cause interpretive questions even though substantive amendments are normally assimilated into the Principal Act."],"plain_english_summary":"**What this Bill does (simple):**\n\n- It adds a set of governance, transparency and audit rules to the Tasmanian Community Fund Board (the Board).  The Bill makes the Board formally subject to some State accountability laws, forbids grants that are for a political purpose, requires a published grants framework and a published strategic plan with public consultation, and requires periodic independent audits of grant compliance.  The Bill also requires the Board to report on implementation of the strategic plan and audit outcomes in its annual report.  (The Bill itself contains a one‑year repeal clause for the amending Act text; the practical effect of that clause is explained below.)\n\n**Who it affects:**\n\n- The Tasmanian Community Fund Board: new duties to prepare and publish a grants framework and a strategic plan, run public consultation on the strategic plan, commission independent audits, and report on these items.  (See inserted sections 7A, 7B and 11A.)\n- Grant applicants and recipients: the Board must refuse grants it reasonably believes are for a political purpose (new s. 7(2A)); they will be subject to the Board's published framework and strategic priorities.\n- The Minister and Parliament: the Board must provide audit reports and a statement of steps taken in response to audits to the Minister when lodging its annual report (new s. 11A(4)).\n- External auditors and oversight bodies: the Bill declares the Board a State authority under the Archives Act 1983 and the Audit Act 2008, and a statutory authority for the Public Accounts Committee Act 1970 (new s. 6(7)).\n\n**How it works mechanically (key provisions):**\n\n- State/oversight status: new subsection in s. 6 declares the Board a State authority for Archives Act and Audit Act purposes and a statutory authority for Public Accounts Committee purposes (s. 4 of the Bill).  That imports recordkeeping and audit obligations and brings grants into the scope of public accounts oversight.\n\n- Political-purpose bar: the Board \"may not provide a grant\" if it reasonably believes the grant \"is, or may be, for a political purpose\" (new s. 7(2A), s. 5 of the Bill).  The test turns on the Board's reasonable belief (a discretionary, judgment-based test).\n\n- Grants framework (new s. 7A): the Board must prepare, keep in effect, publish (website and on request a physical copy) and periodically (at least every 4 years) review a grants framework setting principles and practices for grants.  The framework must reflect Treasurer's Instructions under the Financial Management Act 2016 and contemporary national/international best practice; the Board may adopt existing documents with or without modification.\n\n- Strategic plan (new s. 7B): the Board must prepare and maintain a strategic plan at least once every 4 years covering the next four financial years.  The plan must state objectives, how they will be achieved, and how conflicts of interest will be managed.  A draft strategic plan must be released for at least 21 days for public submissions, which the Board must consider before finalising.  The final plan must be published and provided on request.\n\n- Audit of grants process (new s. 11A): within 12 months of the section commencing, and thereafter at least once every 4 years, the Board must commission an independent auditor to audit compliance with the grants framework.  Audit outcomes must be published on the Board's website and provided to the Minister with the annual report, together with a statement of steps the Board has taken in response.\n\n- Annual report changes (amend s. 11): the Board's annual report must explain how the strategic plan was implemented during the year and include audit outcomes if an audit occurred (amendment to s. 11(1)).\n\n- Repeal clause (s. 9): the Bill states the Act (that is, this amending Act) is repealed one year after commencement.  (See notes below on legal effect.)\n\n**Why the measures matter (claimed purpose and practical effects):**\n\n- Claimed purpose (as expressed by the measures): to increase transparency, consistent grant-management practice and external assurance of the Board's grant decisions by imposing published frameworks, strategic planning, public consultation, and independent audit.\n\n- Practical effects and trade-offs:\n  - Increased administrative and compliance costs for the Board: preparing and publishing frameworks and strategic plans, running 21‑day public consultations, commissioning independent audits (new ss. 7A, 7B, 11A).  Those costs will either be absorbed from the Fund's resources or require additional budgeting.\n  - Greater transparency and external oversight: more material will be public and subject to audit and parliamentary scrutiny (new s. 6(7), ss. 7A, 7B, 11A).  That may improve accountability but also increase recordkeeping and FOI/archival obligations.\n  - Discretion and legal risk around the \"political purpose\" bar: the Board's obligation not to make grants believed to be political introduces judgment-based discretion (s. 7(2A)).  That may reduce politically motivated grants but may also create ambiguity for applicants and generate disputes or legal challenge about whether a purpose was \"political\" and whether the Board's belief was reasonable.\n  - Possible shift in grant priorities: the strategic plan requirement ties awarding decisions to published objectives and a forward plan for four years (s. 7B), which may change which projects are funded and when.\n  - Audit-driven corrective action: required audits and mandatory reporting of responses (s. 11A(4)) create incentives to remedy deficiencies identified by auditors, but also impose time and financial costs to implement changes.\n\n**Implementation and risk notes:**\n\n- External cross-references: the grants framework must reflect Treasurer's Instructions (s. 7A(2)(a)), so the Board's internal rules will be shaped by existing financial-management directions from Treasury; this links the Fund's practice to central financial control.\n\n- Phrases that create flexible standards and discretion: the Bill repeatedly uses \"as far as is reasonably practicable\" (ss. 7A(3),(4),(5),(6); 7B(4),(5),(6)), which sets a reasonableness standard rather than strict timelines and could generate compliance disputes.\n\n- The repeal clause appears to remove the amending Act text after one year (s. 9).  Practically, amendments made to the Principal Act by an amendment Act normally remain on the statute book after the amending Act is repealed; the one‑year repeal therefore is likely a formal sunset of the schedule text rather than a temporary grant of the new powers.  The clause could create uncertainty for non‑lawyers about whether the changes are temporary; a drafting note or legislative history check would clarify intent.\n\n**Who pays and who decides (brief):**\n\n- The Board pays (administrative and audit costs) and decides on grants subject to the new frameworks, strategic plan and the political-purpose prohibition (ss. 7A, 7B, 7(2A), 11A).\n- The Minister receives audit reports and can review material provided in the annual report (s. 11A(4)); parliamentary oversight bodies gain information via the Public Accounts Committee mechanism (s. 6(7)(b)).\n\n**Bottom line:**\n\nThe Bill tightens governance and oversight of the Tasmanian Community Fund Board by imposing published grants rules, strategic planning with public input, periodic independent audits and a bar on grants judged to be for political purposes, while formally subjecting the Board to certain State oversight Acts. These changes increase transparency and external assurance but add recurring administrative and audit costs, introduce discretion that may cause applicant uncertainty, and rely on reasonableness standards and cross-references to existing Treasury instructions that shape practice (see new ss. 7A, 7B, 11A; amendment to s. 7; s. 6(7); s. 9).\n"}},"importantCases":[],"_links":{"self":"/api/acts/tasmanian-community-fund-amendment-bill-2025","history":"/api/acts/tasmanian-community-fund-amendment-bill-2025/history","analysis":"/api/acts/tasmanian-community-fund-amendment-bill-2025/analysis","conflicts":"/api/acts/tasmanian-community-fund-amendment-bill-2025/conflicts","importantCases":"/api/acts/tasmanian-community-fund-amendment-bill-2025/important-cases","documents":"/api/acts/tasmanian-community-fund-amendment-bill-2025/documents"}}