Charitable Trusts Act 2022

An investigation of a charitable trust or class of charitable trusts (an investigation) may be carried out by the following (an investigator) —

an authorised person acting at the direction of the Attorney General —

on a complaint to the Attorney General; or

on the Attorney General’s own initiative;

the Western Australian Charitable Trusts Commission —

on a complaint to the Western Australian Charitable Trusts Commission; or

on referral by the Attorney General.

An investigator may, in the performance of a function under this Act, give to a person a written notice (a requirement) requiring the person to provide to the investigator —

a document or other information —

relating to a charitable trust; or

concerning any person involved in the administration of a charitable trust;

any other assistance that is reasonably necessary.

An investigator may refuse to investigate a complaint or, having commenced to investigate a complaint, may refuse to continue the investigation, if the investigator is of the opinion that —

the matter raised in the complaint is trivial; or

the complaint is frivolous or vexatious or is not made in good faith; or

the complainant has provided insufficient information; or

another person or body has investigated, is investigating or is about to investigate the charitable trust or a trustee of the charitable trust to which the complaint relates; or

having regard to all the circumstances of the case, the investigation, or the continuance of the investigation of the matter raised in the complaint, is unnecessary or unjustifiable.

If an investigator refuses to investigate a complaint, or refuses to continue an investigation, the investigator, by notice in writing —

must inform the complainant of the investigator’s decision; and

may, if the investigator considers it appropriate, provide reasons for the decision.

The Western Australian Charitable Trusts Commission may regulate its procedure in relation to an investigation in any manner it thinks fit.