Fundraising Amendment (National Fundraising Principles) Regulations 2024 (Vic)

Fundraising Amendment (National Fundraising Principles) Regulations 2024

S.R. No. 67/2024

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objective

2Authorising provision

3Commencement

4Principal Regulations

Part 2—Amendment of Principal Regulations

5Objectives

6Definitions

7New regulations 9A and 9B inserted

8New Schedule 2 inserted

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Endnotes

STATUTORY RULES 2024

S.R. No. 67/2024

Fundraising Act 1998

Fundraising Amendment (National Fundraising Principles) Regulations 2024

The Governor in Council makes the following Regulations:

Dated: 2 July 2024

Responsible Minister:

GABRIELLE WILLIAMS
Minister for Consumer Affairs

ANGELA SMITH

Clerk of the Executive Council

PART 1—PRELIMINARY

1Objective

The objective of these Regulations is to amend the Fundraising Regulations 2019 to require deemed registered fundraisers to comply with the National Fundraising Principles when conducting fundraising appeals.

2Authorising provision

These Regulations are made under section 71 of the Fundraising Act 1998.

3Commencement

These Regulations come into operation on 3 July 2024.

4Principal Regulations

In these Regulations, the Fundraising Regulations 2019[1] are called the Principal Regulations.

PART 2—AMENDMENT OF PRINCIPAL REGULATIONS

5Objectives

After regulation 1(d) of the Principal Regulations insert—

"(da)to require that deemed registered fundraisers comply with the National Fundraising Principles when conducting fundraising appeals; and".

6Definitions

(1)For the heading to regulation 5 of the Principal Regulations substitute—

Definitions"".

(2)In regulation 5 of the Principal Regulations, in the definition of the Act, for "1998." substitute "1998;".

(3)In regulation 5 of the Principal Regulations insert the following definition—

"the National Fundraising Principles means the principles set out in Schedule 2 relating to the conduct of fundraising appeals by deemed registered fundraisers.".

7New regulations 9A and 9B inserted

After regulation 9 of the Principal Regulations insert—

"9A   Deemed registered fundraisers to comply with the National Fundraising Principles

When conducting a fundraising appeal, a deemed registered fundraiser must comply with the National Fundraising Principles.

9BDeemed registered fundraisers are exempt from certain requirements of the Act

Subject to regulation 9A, a deemed registered fundraiser when conducting a fundraising appeal in Victoria is exempt from the requirements of the following sections of the Act—

(a)section 9;

(b)section 10;

(c)section 11;

(d)section 12A;

(e)section 12B.".  

8New Schedule 2 inserted

After Schedule 1 to the Principal Regulations insert—

"Schedule 2—The National Fundraising Principles

Regulation 9A

When conducting a fundraising appeal, a deemed registered fundraiser must ensure that their employees, volunteers, contractors and anyone else who they engage or arrange to raise funds on their behalf—

1.Always explain the purpose of their charity and the purpose to which the funds raised will be applied in ways that are appropriate for the audience.

2.Are always clearly, and individually, identifiable by the public (including by ensuring that each employee, volunteer, contractor or other person who raises funds displays identification that contains the individual's name, states whether they are a volunteer, an employee or acting in some other capacity for a deemed registered fundraiser or commercial fundraising organisation, and provides the name and contact details of the deemed registered fundraiser or commercial organisation).

3.Always make and keep written records of the fundraising appeal that can be easily read and understood.

4.Always acknowledge and comply with the following—

a.refusal to make a donation;

b.request not to receive future solicitations (including marketing and promotional materials);

c.request to be contacted at a more convenient time or by a different means;

d.request to limit the number, type or frequency of solicitations.

5.Never conduct a door to door or telephone fundraising appeal at the following times—

a.before 9 a.m. or after 5 p.m. on a weekend;

b.before 9 a.m. or after 6 p.m. (door to door) or 8 p.m. (telephone) on a weekday;

c.on a public holiday, unless the public holiday is closely connected with a deemed registered fundraiser's charitable purpose.

6.Never mislead, deceive or knowingly use false or inaccurate information when fundraising.

7.Never place undue or unreasonable pressure on a person when fundraising, or act unconscionably in any way to obtain a donation.

8.Never exploit the trust, lack of knowledge, lack of capacity, apparent need for care and support, or vulnerable circumstances of any donor or prospective donor.

9.Always make it clear whether a donation is a one-off or an ongoing donation, and clearly explain how to end an ongoing donation.

10.Never accept a donation without having explained that they are part of an organisation that makes a profit from fundraising as well as how they are paid, if the fundraisers are commercial fundraisers engaged to fundraise for a deemed registered fundraiser.

At all times, when conducting a fundraising appeal, a deemed registered fundraiser must—

11.Conduct all reasonable due diligence when engaging third parties to assist, support or deliver fundraising activities on its behalf.

12.Make and keep written records of the total funds raised and the purposes for which funds are applied.

13.Take all reasonable measures to protect the health, safety and wellbeing of fundraisers employed or directly engaged by them, as well as members of the public, when fundraising.

14.Establish and maintain a complaints process that allows for proper investigation and redress of fundraising complaints that may be made by the public, and encourage anyone with concerns about a fundraising appeal conducted by or on behalf of the deemed registered fundraiser to contact them.

15.Ensure information covered by the Privacy Act 1988 of the Commonwealth is collected, used and managed in accordance with the Australian Privacy Principles where required under that Act.

16.Ensure remuneration to commercial fundraisers engaged to fundraise for a deemed registered fundraiser is not excessive when compared to money or goods received for the purpose of the fundraising appeal.".

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ENDNOTES

[1] Reg. 4: S.R. No. 35/2019.