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Australian Laws

Each question in this survey relates to the following Australian Laws and Australian Case Law:

Please click on or mouse over the red buttons to reveal penalties associated with breaches of these laws.

Breach of Privacy

  • Unauthorised use of your private information, e.g., telling others about things you mentioned privately in counselling sessions. Eg., telling others about things you mentioned privately in counselling sessions.
  • Privacy Act 1988 (Cth)
  • Information Privacy Act 2009 (Qld)

Penalties

Maximum penalties, 

  • $2,500,000 for a person,
  • $50,000,000 for an incorporated association.

Public Interest under the Incorporated Associations Act

  • Conducting the organisation in a way the public would see as harmful and not in keeping with public values.
    Eg., telling a grandparent to cut off their grandchildren because they don’t attend the CF organisation.
  • Incorporated Associations Act 1981 (Qld)

Penalties

  • An Association can be wound up and its assets given to another Church

Breaches of ACNC Governance Requirements

  • Misuse of Position: decisions by Responsible person that cause harm or are not in the best interests of members of the association.
    Eg., making a decision that effectively prevents free and fair elections of committee members.
  • Misuse of Information: confidential information was improperly used or shared.
  • Conflict of Interest: Situations where Responsible Person failed to disclose conflicts of interest
  • Australian Charities and Not-for-profits Commission Act 2012 (Cth) ACNC Governance Standards

Penalties

  • Committee members can be held personally liable for damage caused, including financial compensation.

Loss of Charitable Registration

  • Actions or policies that violate public policy, e.g., Ostracisation of those that leave or don’t obey, coercion to contribute financially, beaches of privacy.
  • Australian Charities and Not-for-profits Commission Act 2012 (Cth)
  • Australian Taxation Office (ATO) regulations

Penalties

  • Loss of Charitable Registration Loss of Tax-Free Exemption status.

Domestic and Family Violence

  • Coercive behaviour such as ostracising those that do not obey and causing them to be ostracised from their family or friends.Eg., a husband telling his wife to cut off children who have left the CF organisation.Eg., controlling what a woman wears, says, and how household money is to be spent. From 26 May 2025, coercive control will be a criminal offence in Queensland.
  • Domestic and Family Violence Protection Act 2012 (Qld).
  • Criminal Code Act 1899.

Penalties

Criminal prosecution including custodial sentences.

Financial Compensation including

  • Compensatory Damages: To compensate for financial losses, emotional distress, and other harms suffered by the victims.
  • Punitive Damages: To punish wrongdoers and deter similar conduct in the future.
    Conduct giving rise to financial compensation.
  • Coercive Control Leaders must avoid any form of coercive control or abuse of power over their congregation.
    Coercive control is when someone uses a pattern of abusive behaviours over time that hurt, humiliate, isolate, frighten, or threaten another person in order to control or dominate them.

Penalties

Committee members, elders, and leaders are personally liable. They are not protected by the limitation of liability normally available if they have breached their duties.

Invasion of Privacy

  • Courts have recognised a cause of action for invasion of privacy.
  • Compensatory Damages: To compensate for financial losses, emotional distress, and other harms suffered by the victims.

Penalties

Punitive Damages: To punish wrongdoers and deter similar conduct in the future.
Conduct giving rise to financial compensation.

Breach of Confidence

  • Damages for breach of confidence can be applied to situations where private information is disclosed without consent.

Penalties

Punitive Damages: To punish wrongdoers and deter similar conduct in the future.
Conduct giving rise to financial compensation.

Failing to Act in the Best Interests of the congregants

  • Leaders must act in the best interests of the members of the congregation and avoid conflicts of interest.
  • This duty arises in situations where one party places trust and confidence in another, and the latter has a corresponding obligation to act in the former’s best interests.

Penalties

Punitive Damages: To punish wrongdoers and deter similar conduct in the future.
Conduct giving rise to financial compensation.

Court order to Stop Harmful Conduct

  • Injunctive Relief: To prevent an organisation from continuing harmful practices.
  • Declaratory Relief: To obtain a court declaration on the rights and obligations of the parties involved.

Penalties

A court may order an organisation to stop doing certain things and impose penalties if they do not stop.
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