Victoria Reviews Fundraising Act

The Victorian Government has launched a discussion paper to encourage community comment and debate on the state’s fundraising legislation.

Government Backbencher Luke Donnellan has been talking to organisations and individuals on behalf of the Ministry of Consumer Affairs about the way fundraising is currently regulated.

The Minister, John Lenders says he wants to ensure Victorians have faith in the fundraising industry to which they give approximately $1.2 billion each year.

He says that from those discussions and meetings, it is clear that some issues need to be worked through more thoroughly and with the benefit of more input from the community.

Preliminary discussions raised six main issues:
1. Is the meaning of the term ‘fundraising appeal’ clear?
2. How is the current system, specifically the registration process, working?
3. How does the current registration process sit with other reporting requirements imposed on fundraisers?
4. How can transparency and public confidence in fundraising be increased?
5. What role could/should a code of practice play in the industry?
6. Should national harmonisation be a critical priority and what steps could be taken to promote it?

The Government says it is taking an open and flexible approach to the review and is encouraging a broad range of responses to help shape any legislative change.

To help guide stakeholders and interested parties who wish to respond to the review specific terms of reference have been set.

The terms of reference are:
1. Opportunities for national harmonisation.
2. Objectives and coverage of the Fundraising Appeals Act 1998 and whether the term ‘fundraising appeal’ requires clarification.
3. The effectiveness of the registration process and whether it achieves the required balance between protecting the public and minimising the administrative burden on fundraising organisations.
4. The accountability provisions within the Act and whether they should be made more robust to ensure greater transparency.
5. The appropriateness of specifying a proportion of proceeds that should be passed on to the nominated beneficiary, or specifying what is a reasonable amount to be retained by an organisation for their operational costs
6. The appropriateness of the nature and extent of current exemptions from the operation of the Act.
7. The consistency of the Act’s reporting requirements with reporting requirements contained in other Victorian legislation.
8. The potential of a code of practice for fundraisers as a means of promoting best practice within the industry.

A number of peak bodies are preparing submissions. If your organisation is keen to have a voice but don’t have the ability to prepare a formal submission you can post your concerns on our website Forum and the information will be passed on to the appropriate body.

Just click on FORUM in the left-hand menu column.

Formal Submissions should be forwarded to fundraisingsubmissions@justice.vic.gov.au .
Submissions can also be posted to: Review of the Fundraising Appeals Act 1998, Consumer Affairs Victoria, GPO Box 123A, Melbourne, VIC 3001.