On this page
- Agreement between the Commonwealth and the states and territories
- What will happen next?
- The 16 National Fundraising Principles
Agreement between the Commonwealth and the states and territories
In February 2023, Commonwealth, state and territory governments agreed to a set of nationally consistent fundraising principles to support ethical fundraising practice.
Having consistent, simple, relevant fundraising rules will help reduce the paperwork charities must deal with to fundraise effectively, and make compliance easier.
While the principles will give charities and donors a clear understanding of appropriate conduct, the state and territory governments will still have the ability to monitor and enforce compliance.
What will happen next?
It’s now up to state and territory governments to roll out these changes in each jurisdiction.
Each state and territory government will each release a plan explaining how they will give effect to the principles through regulatory changes or legislation. Regulatory guidance to support the principles will also be developed in collaboration with the charitable fundraising sector.
Not all states and territories have fully implemented the principles, so there is not yet a nationally consistent fundraising regime and differences in fundraising rules across jurisdictions remain.
Note
Until new fundraising laws are passed, the existing state and territory based laws apply.
The 16 National Fundraising Principles
When the state and territory governments update their fundraising laws, the laws must include the 16 principles set out below.
Representatives of a charity
In the principles below, ‘representatives’ means a charitable organisation’s employees, volunteers, contractors, and anyone else who the organisation engages or arranges to raise funds on its behalf.
Principle 1 – the purpose of the charity and the fundraising activity
A charitable organisation must ensure its representatives always explain:
- the purpose of the charity, and
- the purpose to which the funds raised will be applied,
in ways that are appropriate for the audience
Principle 2 – identifiable by the public
A charitable organisation must ensure its representatives are always clearly, and individually, identifiable by the public including by displaying identification that contains:
- the individual’s name
- whether they are a volunteer, employee or acting in some other capacity for a charitable organisation or commercial fundraising organisation, and
- that organisation’s name and contact details
Principle 3 – representatives’ written records
A charitable organisation must ensure its representatives always make and keep written records of fundraising activities that can be easily read and understood.
Principle 4 – solicitations
A charitable organisation must ensure its representatives always acknowledge and comply with a:
- refusal to make a donation
- request not to receive future solicitations (including marketing and promotional materials)
- request to be contacted at a more convenient time or by a different means
- request to limit the number, type or frequency of solicitations
Principle 5 – door-to-door or telephone fundraising activity
A charitable organisation must ensure its representatives never conduct door-to-door or telephone fundraising activity at the following times:
- before 9am or after 5pm on a weekend
- before 9am or after 6pm (door-to-door) or 8pm (telephone) on a weekday
- on a public holiday, unless the public holiday is closely connected with a fundraiser’s charitable purpose.
Principle 6 – false or inaccurate information
A charitable organisation must ensure its representatives never mislead, deceive or knowingly use false or inaccurate information when fundraising.
Principle 7 – undue or unreasonable pressure
A charitable organisation must ensure its representatives never:
- place undue or unreasonable pressure on a person when fundraising, or
- act unconscionably in any way to obtain a donation
Principle 8 – exploitation
A charitable organisation must ensure its representatives never exploit the trust, lack of knowledge, lack of capacity, apparent need for care and support, or vulnerable circumstances of any donor.
Principle 9 – one-off or an ongoing donation?
A charitable organisation must ensure its representatives always:
- make it clear whether a donation is a one-off or an ongoing donation, and
- clearly explain how to end an ongoing donation
Principle 10 – commercial fundraisers
Commercial fundraisers engaged to fundraise for a charitable organisation must never accept a donation without having explained that they are part of an organisation that makes a profit from fundraising as well as how they are paid.
Principle 11 – due diligence
At all times, a charitable organisation must conduct all reasonable due diligence when engaging third parties to assist, support or deliver fundraising activities on its behalf.
Principle 12 – the organisation’s written records
At all times, a charitable organisation must make and keep written records of the total funds raised and the purposes for which funds are applied.
Principle 13 – health, safety and wellbeing
At all times, a charitable organisation must take all reasonable measures to protect the health, safety and wellbeing of fundraisers employed or directly engaged by the organisation, as well as members of the public, when fundraising.
Principle 14 – complaints process
At all times, a charitable organisation must establish and maintain a complaints process that:
- allows for proper investigation and redress of fundraising complaints that may be made by the public, and
- encourages anyone with concerns about a fundraising activity conducted by or on behalf of the charity to contact them
Principle 15 – privacy law
At all times, a charitable organisation must ensure information covered by the Privacy Act 1998 is collected, used and managed in accordance with the Australian Privacy Principles where required under this Act.
Principle 16 – remuneration to commercial fundraisers
At all times, a charitable organisation must ensure remuneration to commercial fundraisers engaged to fundraise for the organisation is not excessive when compared to money or goods received for the charitable purpose of the fundraising.
Our campaign to #FixFundraising
These long-awaited changes are the result of Justice Connect’s decade-long #FixFundraising campaign, which urged lawmakers to reform Australia’s out of date and ineffective web of existing fundraising laws. Justice Connect’s Not-for-Profit Law program has been leading this campaign, alongside a coalition of eight peak bodies, and with the support of thousands of Australia’s most trusted and effective charities.
The content on this webpage was last updated in February 2023 and is not legal advice. See full disclaimer and copyright notice.
