How to Strategically Navigate Australias Archaic Fundraising Laws - PowerPoint PPT Presentation

TANIA BURSTIN FOUNDER AND MANAGING DIRECTOR OF MYCAUSE.COM.AU How to Strategically Navigate Australia’s Archaic Fundraising Laws and Regulations

STATE OF PLAY FOR CHARITY REGULATION FEDERAL ACNC - Register with the ACNC and submit the annual information statement

STATE NSW VIC ACT An authority to fundraise in NSW, The Fundraising Act 1998 (the Act) From July 2017, charities allowing an organisation to defines a fundraiser as any person or registered with the ACNC are fundraise for its charitable purposes organisation, including a business, that exempt from requiring a from NSW public only. collects money for a beneficiary, cause or licence in the ACT and from thing, rather than solely for their own reporting to Access Canberra. Apply for AUTHORITY if over profit or commercial benefit. $15K REGISTER and commence in 21 days if no response if over $10K

STATE QLD WA Before you can fundraise for a charity or for a Only organisations which raise funds in Western Australia, charitable purpose, it must be registered with us. as defined by section 6 of the Chartiable Collections Act Organisations not eligible for registration as a charity 1946, are required to be licensed. can fundraise for a charitable or a community purpose Section 6 includes fundraising activities such as by getting a sanction from us. doorknocking, telemarketing, television-radio appeals, street appeals, mail outs, entertainments, fetes, functions etc., as well REGISTER OR OBTAIN A SANCTION OR AUTHORITY. Advertise 1 month, objections 1 as advertising at certain types of events. Apply for month AUTHORITY. Wait for approval

THE PROBLEM FOR CHARITIES An organisation that wants to run an online campaign across Australia would need a fundraising licence in most jurisdictions. The current laws are not based on They do not support cross border conduct but on regulation and or digital fundraising reporting Definition of “charitable Complexity forces accidental and purpose” varies between complicit non compliance juristictions.

#FIXFUNDRAISING REMOVE ALL STATE BASED REGULATION. USE AUSTRALIAN CONSUMER LAW (ACL), IN CONJUNCTION WITH REPORTING TO THE ACNC AND A MANDATORY CODE OF CONDUCT. TheAustralian Regulates ethical Is national in its Already applies to It is well The same State and Consumer behaviour application activities of charities, understood by Territory regulators Law is generalist, including fundraising the public responsible for principles-based activities. (Some minor (donors) fundraising laws, are consumer law amendments and also responsible for its clarifications are enforcement required) STRONGER. SMARTER. SIMPLER

#FIXFUNDRAISING

PERSONAL CAUSE VS CHARITY

Immersive Experiences

WHO IS THE FUNDRAISER PERSONAL CHARITY Does the fundraiser Does the fundraiser have a licence or have a licence or authority. That authority – PPGF depends on the platform. • Where is your donor data? Danger: people taking • What if I don’t like your money into their own this? bank account

FIX FUNDRAISING IN THE TIME OF FOLAU Folau what if he bought a new house? GFM • Campaign creator ACL Fundraiser – Folau AUST CHRISTIAN LOBBY • Campaign creator ACL Fundraiser – ACL Using the ACL means that the activity is Over 200 people have reported the charity regulated rather than the entity or the ACL to the ACNC person

WHAT SHOULD BE DONE? Understand that fundraising means Understand and comply with promotion via email, direct mail, SMS, regulation face to face, phone or online Promote fundraising on your website in an Make sure your staff are trained and are easy way. Don’t leave a gap that forces your actively compliant supporters to search alternatives Ensure you have an Australian third party Ensure the charity operationsstaff platform contracted understand the state of play in the market Decide on your policy for non- contracted Know your charity’s charter and third party platforms and PAFs objects and make sure staff know too