Charities code of conduct

Mandatory code of conduct

The Code applies to any charitable organisation with either a:

• WA charitable collections licence or
• deemed licence as an Australian Charities and Not-for-profits Commission (ACNC) registered charity.

What the Code covers

The Code explains how charitable collections must be carried out. 

It requires collectors to act in a way that is honest, respectful, transparent and fair to any person giving money or goods.

The Code includes obligations to:

• ensure fundraisers are identifiable
• maintain transparent records
• avoid deception or unconscionable conduct
• not apply undue pressure
• protect vulnerable persons from exploitation
• have oversight of commercial collectors
• respect donor privacy and donor decisions, including refusals and opt‑out requests.

If you don’t follow the Code 

Following the Code is a condition of your organisation’s licence.

Consumer Protection may take action against your organisation if it fails to follow the Code. This may include cancelling of your organisation’s licence.

The Code of Conduct for Charitable Collections

The Code contains 17 principles and is set out in the Charitable Collections Regulations 1947. 

Definitions in the Code: 

• Collection records means accounts showing the donations collected or received and statements setting out the way the donations have been used. 
• Commercial collector means a collector that is authorised by a charitable organisation to make, and profit from, a collection in Western Australia, who is not entitled to be paid in another capacity by the organisation. 

Disclosure of charitable purpose and use of collections

You must tell donors:

• why you are collecting (charitable purpose)
• how their money or goods will be used.

Identification of collectors

Collectors must clearly identify themselves by displaying:

• their name
• whether they are a volunteer, employee or acting in some other capacity
• the name and contact details of the charitable organisation or commercial collector.

Records of fundraising activities

You must keep clear and easy to understand written collection records. 

Respecting decisions about donations and contact

You and your collectors must respect and comply with a person’s choice if they: 

• do not want to donate money or goods
• do not want future contact including marketing and promotional materials
• ask to be contacted at another time or in another way 
• want fewer fundraising requests or less contact.

Restrictions on door-to-door and telephone fundraising

You must not collect: 

• by door-to-door on weekday before 9 am or after 6 pm 
• by telephone on a weekday before 9 am or after 8 pm
• on a weekend before 9 am or after 5 pm
• on a public holiday, unless the day closely relates to the charitable purpose. 

Honest fundraising conduct

You must not mislead people or provide false or inaccurate information. 

Prohibiting undue pressure or unconscionable conduct

You must not pressure or unfairly manipulate a person to donate. 

Protection of vulnerable donors

You must not take advantage or a person because of their age, illness, ability or other vulnerable circumstance. 

Donation transparency

You must tell people if the donation is:

• a one-off or 
• recurring contribution.
• You must explain how to stop a recurring donation.

Disclosures when engaging commercial fundraisers

Commercial collectors must not accept a donation until they have explained:

• they are paid to collect / makes a profit from the collection and
• how they are paid. 

Engaging third parties

You must take reasonable steps to make sure third-party collectors are suitable before using them. 

Records keeping

You must keep written records of:

• what was collected 
• how the collections will be used for its charitable purpose.

Health, safety and wellbeing

You must take reasonable steps to protect donors and collectors health, safety and wellbeing.

Complaints handling

You must have a process for receiving and responding to complaints. The complaints process must allow a complaint to be properly investigated and addressed. 

Encourage complains to be to the charitable organisation

You must encourage any person with concerns about a donation to contact the organisation. 

Compliance with Privacy Law

You must handle personal information in line with the Privacy Act 1998 (Cth) and the Australian Privacy Principles. 

Payments to commercial fundraisers

Payments to commercial collectors must not be excessive when compared to donations collected.