Welcome to part two of our two-part series on charitable fundraising in Australia.
If you haven't already done so, we strongly recommend that you first read part one.
Part one sets the scene, introduces what the whole charitable fundraising thing is all about and covers whether you need a charitable fundraising authority and what could happen if you breach the law.
This part, part two, gets into the detail and covers how to apply, why your application might be declined and what your fundraising obligations are likely to be.
Important note: this two-part series does not explore the requirements relating to raising charitable funds using other commercial businesses including:
- professional third party fundraisers;
- selling goods and/or services during the course of trade (eg for every item sold 10 cents will go to charity).
Applying for a charitable fundraising authority
While each state and territory has its own application process and criteria and fundraising authority requirements, here are some general comments that cover all, or most, of the jurisdictions.
- There are no government fees associated with applying for a charitable fundraising authority.
- Applying for an authority will require you to complete an application in the form that the state or territory regulator has produced for such applications.
- The application form will require you to provide general contact and other information about the organisation you are applying for, the types of activities you will be undertaking and some financial information. You may also need to provide police checks and other information to accompany your application.
- It will take around four weeks for your application to be assessed.
Granting the authority
It is the job of the Government Minister responsible for the administration of the relevant charitable fundraising laws in each state and territory to decide whether or not to grant an authority to fundraise.
The same Minister also has the power to impose conditions on any authority issued. In most cases the standard conditions will be imposed. Some of the common requirements are described below.
Note: While it is the Minister that has the power described above, this power will be delegated to the relevant Government department (such as the Department of Fair Trading) to administer and determine.
Refusing an application for a charitable fundraising authority
The relevant Minister (or Government department) may refuse to grant an authority to conduct charitable fundraising activities (or appeals) for a variety of reasons, including because:
- the activity is not in the public interest; or
- the applicant is not a fit and proper person.
If your application is rejected, you can always ask for the decision to be reviewed. The process for doing so will depend on the state or territory within which you have been rejected and should be explained in the correspondence letting you know about the rejection. You can also visit the website of the relevant regulator for more information, or give them a call.