Charitable Fundraising Regulation 2021

When conducting fundraising activities, charitable organisations must ensure that the organisation’s employees, volunteers, contractors and anyone else engaged or otherwise arranged to raise funds on the organisation’s behalf—

always explain the purpose of the charitable organisation, and the purpose to which the funds raised will be applied, in a way that is appropriate for the audience, and

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, and

whether the individual is a volunteer, employee or acting in some other capacity for the charitable organisation or a commercial fundraiser, and

provides the charitable organisation’s or commercial fundraiser’s name and contact details, and

always make and keep written records of fundraising activities that can be easily read and understood, and

always acknowledge and comply with the following—

a refusal to make a donation,

a request not to receive future solicitations, including marketing and promotional materials,

a request to be contacted at a more convenient time or by a different means,

a request to limit the number, type or frequency of solicitations, and

never conduct a door to door or telephone fundraising activity at the following times—

on a weekend—before 9am or after 5pm,

on a weekday and door to door—before 9am or after 6pm,

on a weekday and by telephone—before 9am or after 8pm,

on a public holiday, unless the public holiday is closely connected with the charitable organisation’s charitable purpose, and

never mislead, deceive or knowingly use false or inaccurate information when fundraising, and

never place undue or unreasonable pressure on a person when fundraising, or act unconscionably in any way to obtain a donation, and

never exploit the trust, lack of knowledge, lack of capacity, apparent need for care and support or vulnerable circumstances of any donor, and

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

for persons acting for a commercial fundraiser raising funds on the charitable organisation’s behalf—never accept a donation without first explaining—

that the person is acting for a commercial fundraiser that profits from fundraising, and

how the person is paid.

At all times, charitable organisations must—

conduct all reasonable due diligence when engaging third parties to assist, support or deliver fundraising activities on its behalf, and

make and keep written records of the total funds raised and the purposes for which funds are applied, and

take all reasonable measures to protect the health, safety and wellbeing of persons employed or directly engaged by the charitable organisation, as well as members of the public, when fundraising, and

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 persons with concerns about a fundraising activity conducted by or on behalf of the charitable organisation to contact the charitable organisation, and

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, and

ensure remuneration to commercial fundraisers engaged to fundraise for a charitable organisation is not excessive when compared to money or goods received for the charitable purpose of the fundraising.