Barrister AI
All legislation
WARegulation
In force
This is the latest official compilation.Check the official source →
Schedule 1A

Code of conduct

In force

Schedule 1A Code of conduct

[r. 5]

[Heading inserted: SL 2026/153 r. 12.]

1. Terms used

(1)

In this code of conduct —

collection records has the meaning given in section 15(1) of the Act;

commercial collector means, subject to subclause (2), a collector who is authorised by a charitable organisation to make and profit from a collection for a charitable purpose.

(2)

A collector does not profit from a collection merely because in another capacity the collector is entitled to be paid by the charitable organisation that authorised the collection.

Notes for this code of conduct:

1. The terms Act, charitable organisation, collection and collector are defined in regulation 2.

2. The terms charitable purpose and Commissioner are defined in section 5 of the Act.

2. National Fundraising Principles

(1)

A charitable organisation must ensure its collectors —

(a)

always explain in a way that is appropriate for the audience the charitable purpose for which the collection is made and how funds or contributions raised will be applied; and

(b)

are always clearly and individually identifiable by the public, including by —

(i)

displaying identification that contains the collector’s name and states whether they are a volunteer, employee, or acting in some other capacity for the charitable organisation or a commercial collector; and

(ii)

providing the name and contact details of the charitable organisation or commercial collector (as the case requires);

and

(c)

keep and retain collection records that can be easily read and understood; and

(d)

always acknowledge and comply with the following —

(i)

a refusal to give money or goods;

(ii)

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

(iii)

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

(iv)

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

and

(e)

never without the written authorisation of the Commissioner conduct a door‑to‑door or telephone collection during the following times —

(i)

on a weekend — before 9 am or after 5 pm;

(ii)

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

(iii)

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

(iv)

on a public holiday unless the public holiday is closely connected with the charitable purpose for which the collection is made;

and

(f)

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

(g)

never place undue or unreasonable pressure on a person when collecting or act unconscionably in any way to obtain money or goods for the charitable purpose; and

(h)

never exploit the trust, lack of knowledge, lack of capacity, apparent need for care and support or vulnerable circumstances of any person giving money or goods; and

(i)

always make it clear whether giving money or goods is a one‑off or a recurring contribution and clearly explain how to end a recurring contribution; and

(j)

in the case of a person who is or collects for a commercial collector — never accept money or goods without first explaining —

(i)

that the person is or collects for a commercial collector that profits from the collection; and

(ii)

how the person is paid.

(2)

At all times, a charitable organisation must —

(a)

conduct all reasonable due diligence when engaging third parties as collectors; and

(b)

keep and retain collection records; and

(c)

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

(d)

establish and maintain a complaints process that allows for proper investigation and redress of complaints that may be made by the public relating to a collection made by or on behalf of the charitable organisation; and

(e)

encourage a person with concerns about a collection made by or on behalf of the charitable organisation to contact the charitable organisation; and

(f)

ensure information covered by the Privacy Act 1988 (Cth) is collected, used and managed in accordance with the Australian Privacy Principles to the extent required under that Act; and

(g)

ensure remuneration to commercial collectors engaged to make a collection for the charitable organisation is not excessive when compared to money or goods received for the charitable purpose for which the collection is made.

[Schedule 1A inserted: SL 2026/153 r. 12.]

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.