Consultation Charitable Fundraising Regulation 2020 Milestones

Milestones

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  • The Issue

    Consultation period: 26/06/2020 12:00 am to 24/07/2020 12:00 am

    What’s this about?

    We are seeking feedback on the proposed Charitable Fundraising Regulation 2020 that has been developed to support the existing Charitable Fundraising Act 1991 (the Act) and law reforms resulting from the Bergin Inquiry.

    The proposed Regulation keeps many of the existing requirements in the Charitable Fundraising Regulation 2015, however it introduces:

    • stronger accountability measures with clearer record-keeping and accounting requirements
    • streamlined language to help understand what the requirements are
    • thresholds that align with the Australian Charities and Not-for-profits Commission (ACNC) requirements.

    The proposed Charitable Fundraising Regulation includes:

    • certain activities prescribed as not being fundraising appeals
    • organisations authorised to conduct fundraising appeals without holding authorities
    • applications, suspensions and cancellations of authorities
    • requirements for fundraising funds and expenses
    • record-keeping requirements
    • financial and audit requirements
    • contractual requirements between traders and authority holders
    • notification requirements
    • standard conditions of an authority.

    What has happened so far?

    On 5 May 2017, the Honourable Patricia Bergin SC was appointed to inquire into the fundraising activities of the Returned Services League of Australia.The Bergin report detailed the findings of the inquiry and was released in January 2018.

    The Bergin Report noted that the current legislation is confusing, overly prescriptive, truncated, and does not align with the national Australian Charities and Not-for-profits Commission’s (ACNC) requirements.

    The Bergin Report outlined 29 recommendations, 23 of which directly related to charitable fundraising reform. These recommendations aim to improve governance and the regulatory framework without increasing red-tape.

    In response, the NSW Parliament passed the Amendment Act on 17 October 2018 to amend the existing Act.

    The proposed Regulation is the result of a review and remake of existing provisions and will replace the existing regulation.

    Next steps

    Read the Regulatory Impact Statement (RIS) and complete the online form. The RIS explains the changes in more detail and its impacts.

    Once the consultation period has ended, we will consider the feedback and the proposed Charitable Fundraising Regulation will be amended as needed.

    We will publish all submissions on our website

    If you do not want your submission to be published online, please indicate this clearly in your submission. Even if you say that you do not want us to publish it, we may be required to by law. All submissions will be sent to the Legislation Review Committee of Parliament.

  • Milestones

    • 5 May 2017 – The Honourable Patricia Bergin SC was appointed under the Charitable Fundraising Act to inquire into the misuse of funds and misleading conduct among notable bodies in the charitable fundraising industry
    • January 2018 – The Bergin Report was published
    • 26 October 2018 – Charitable Fundraising Amendment Act 2018 granted assent
    • 5 August 2020 – Public consultation on the proposed Charitable Fundraising Regulation begins
    • 2 September 2020 – Public consultation closes

Have your say

  • 5 May 2017 – The Honourable Patricia Bergin SC was appointed under the Charitable Fundraising Act to inquire into the misuse of funds and misleading conduct among notable bodies in the charitable fundraising industry
  • January 2018 – The Bergin Report was published
  • 26 October 2018 – Charitable Fundraising Amendment Act 2018 granted assent
  • 5 August 2020 – Public consultation on the proposed Charitable Fundraising Regulation begins
  • 2 September 2020 – Public consultation closes

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We invite you to tell us your views by using our online form. You don't have to answer every question but your submission needs to address the specific issues raised in the documents and where possible provide evidence to support your feedback (eg are there any reports or papers you can refer to?).

Open the online form

If you can't use our online form, you can email your submission to [email protected]. We will publish your submission if not told otherwise.

If you can't provide your submission electronically, you can send your submission by mail to:

Milestones consultation
Charitable Fundraising Regulation 2020 Department of Customer Service Better Regulation Division, Policy & Strategy Level 22, 4 Parramatta Square PARRAMATTA NSW 2150