What are the obligations and risks in Australian law confronting the managers of charitable funds disbursed overseas to conflict zones where funds may be diverted into political violence? The 2016 allegations against World Vision Australia for funding HAMAS are described here as a case study of applicable Australian laws. Apparent gaps in the administrative, civil and criminal regulatory framework are identified and are contrasted with approaches in other common law jurisdictions: Canada, England and Wales, and the United States. Based upon these comparisons, recommendations are made to address perceived defects in the regulatory framework to counter financing of terrorism abroad by Australian not-for-profit organisations.
History
Citation
G. Rose, 'Regulating humanitarian assistance by Australian charities: legal tools to deter funding of terrorism abroad' (2018) 92 Australian Law Journal 273-292.