Fundraising Frustration?

We all love to raise money for a charity we are passionate about; but sometimes navigating the legal and reporting obligations of fundraising can be frustrating. Our team has researched the current fundraising regulations so you don’t have to!

 Currently in NSW ….

• If you conduct a fundraising appeal for a charitable purpose, you must hold an authority to fundraise (see below for exemptions)
• If you are an ACNC registered charity you have an automatic eligibility to fundraise , but must still apply for an authority
• NSW Department of Fair Trading will assess other individuals and organisations, upon application, to ensure that they are fit and proper to fundraise
• Approved authorities to fundraise are listed on a public register, www.fairtrading.nsw.gov.au/charitable-funraising
• If your gross annual fundraising is under $15,000 there are no reporting obligations, only a requirement to keep records

Exemptions that may apply to certain individuals and organisations in NSW

• Certain religious orders
• Small fundraisers less than $15,000
• Local councils
• Universities and entities controlled by them
• P&C associations constituted in connection with a Government School under the Education Act 1990

A recent survey involving over 600 charities and not-for-profits (NFP’s) shows that the majority;

• find the current fundraising registration process very complex
• use on-line fundraising, however 39% of all respondents were unaware that they needed to comply with different state and territory licences and regulations
• indicates that Covid-19 has seen the cancellation of fundraising events with more charities and NFP’s moving more of their fundraising efforts on-line.

Further to the survey, the Federal Government has agreed with states and territories to develop a national fundraising framework. The federal Treasury and Victoria’s Department of Justice and Community Safety will jointly chair the working group. This is a major milestone for the sector.

A useful guide outlining NSW fundraising obligation can be found at:

https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0004/992011/charitable-fundraising-guidelines.pdf

Should you wish to discuss your fundraising obligations with us in more detail, do not hesitate to contact James or Michelle.

– Michelle Paull

Posted 31.01.2022

This article is compiled as a helpful guide for your private information and is subject to copyright. We suggest that you do not act solely on the basis of material contained in this article because items are of general nature only and may be liable to misinterpretation in particular circumstances. We recommend that our advice be sought before acting on any of these crucial areas.