This article applies to deemed registered fundraisers in Victoria.

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

On 3 July 2024, the Fundraising Amendment (National Fundraising Principles) Regulations 2024 (Vic) commenced, amending the Fundraising Regulations 2019 (Vic) (the Regulations) to require deemed registered fundraisers to comply with the National Fundraising Principles.

Background

The National Fundraising Principles (the National Principles) are a set of 16 principles agreed to by the States and Territories that intend to provide greater clarity and national consistency to fundraising laws in Australia. Australian jurisdictions are gradually enacting the principles, with Victoria outlining them in the new Schedule 2 of the Regulations.

The National Principles apply to the conduct of fundraising appeals by deemed registered fundraisers. Deemed registered fundraisers are entities registered under Part 2-1 of the Australian Charities and Not-for-profits Commission Act 2012 (Cth) and therefore taken to be registered fundraisers in Victoria.

The National Principles

Deemed registered fundraisers must comply with the National Principles in accordance with regulation 9A. As outlined in Schedule 2 of the Regulations, Principles 1 through 10 relate to the compliance of employees, volunteers, contractors, and anyone else who these fundraisers engage or arrange to raise funds on their behalf.

These Principles include:

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

Principles 11 to 16 apply to deemed registered fundraisers at all times when conducting an appeal and relate to the fundraiser’s own compliance. Examples of these Principles include:

• Conduct all reasonable due diligence when engaging third parties to assist, support or deliver fundraising activities on its behalf.
• Make and keep written records of the total funds raised and the purposes for which funds are applied.
• 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.

Conclusion

Organisations that are deemed registered fundraisers in Victoria should familiarise themselves with the National Fundraising Principles as outlined in Schedule 2 of the Regulations, and ensure that appropriate systems and controls are in place to maintain the organisation’s compliance, as well as compliance of employees, volunteers, contractors and anyone else who they engage or arrange to raise funds on their behalf.