Charitable Collections in Western Australia – Self Check - Consumer Protection

Documents:

Charitable collections self check (docx, 1.74 MB)

Discuss as a Committee how your charity rates in complying with its obligations in WA.

Disclaimer : the information contained in this publication is not intended to be legal advice and should not be relied upon as giving legal advice.

Telephone and door knock appeals can only be conducted Monday to Saturday between 9am and 6pm.
No telephone or door knock appeals can be conducted on Sundays or Public Holidays.
Street appeals in the Perth Metropolitan area require a Street Appeal permit.
Where a street appeal is conducted all collection tins must be sealed, clearly show the charity’s name and be consecutively numbered.
Collectors are to wear ID badges showing their name and the name of the charity.
No person involved in a street collection may be paid.
Some raffles require a permit from the Department of Local Government, Sport and Cultural Industries - Racing, Gaming and Liquor. More information and permit applications are available from their page on gaming types.

Collections and campaigns
Requirements	Section of Act or Re	Do we comply?
Collections conducted within the prescribed timeframes.	Regulation 14 - Charitable Collections Regulations 1947 (WA)	Yes / No
Permit obtained for scheduled street collection.	Section 3 - Street Collections (Regulation) Act 1940 (WA)	Yes / No
Permit obtained for scheduled raffle	Section 102 - Gaming and Wagering Commission Act 1987 (WA)	Yes / No
Collection tins are sealed, labelled and numbered	Regulation 7 - Street Collections Regulations 1999 (WA)	Yes / No
Collectors have been issued with ID badges	Regulation 5 - Street Collections Regulations 1999 (WA)	Yes / No
Campaigns and appeals include the name and contact details for the charity		Yes / No
Written campaigns accurately describe what the funds are collected for and how they will be used		Yes / No
Contracts/agreements with third parties and commercial fundraisers in writing		Yes / No

Banking
Requirements	Do we comply?	Comments / Actions needed
Bank all collected monies within 7 days. Regulation 11(1) - Charitable Collections Regulations 1947 (WA)	Yes / No
Bank all monies raised on charity’s behalf within 14 days of collection. Regulation 11(2) - Charitable Collections Regulations 1947 (WA)	Yes / No
Two account signatories authorised in writing. Regulation 11(4) - Charitable Collections Regulations 1947 (WA)	Yes / No

If your Charity is unsure how to set up its accounts you may wish to consider adopting the National Standard Chart of Accounts (SCOA).
Your Auditor should be one of the following a Registered Company Auditor or member of the:
- Institute of Chartered Accountants,
- Australian Society of Certified Practice Accountants,
- Institute of Public Accountants or
- The Association of Taxation and Management Accountants.

If your Auditor is not a part of any of the above categories, please contact Charitable Collections Licensing on telephone (08) 6552 9364 for information about special approval applications.

Accounts
Requirements	Do we comply?	Comments / Actions needed
Keep accounts of charitable collection income received. Section 15(1) - Charitable Collections Act 1946 (WA)	Yes / No
"Keep accounts showing how charitable collection funds applied. Section 15(1) - Charitable Collections Act 1946 (WA) "	Yes / No
Audit accounts each year. Section 15(1) - Charitable Collections Act 1946 (WA)	Yes / No
Submit accounts and audit report to Consumer Protection within 6 months of the end of financial year.	Yes / No

If you are incorporated in Western Australia and require a replacement certificate of incorporation or a copy of the rules make an application through AssociationsOnline or contact 1300 304 074.

Record keeping
Requirements	Do we comply?	Comments / Actions needed
Keep a copy of the certificate of incorporation or registration	Yes / No
Keep an up to date copy of the rules/constitution/articles	Yes / No
Keep a copy of the issued licence certificate.	Yes / No

The Principal Executive Officers (PEOs) are the people who have decision making powers for the organisation such as the Chair/President, Directors, Chief Executive Officer and Treasurer.

Consumer Protection must be notified in writing of any changes to the PEOs for the charity within 1 month of the change occurring. Forms available from charities forms page.

Change of details
Requirements	Do we comply?	Comments / Actions needed
Consumer Protection advised of Principle Executive Officer changes Regulation 8 - Charitable Collections Regulations 1947 (WA)	Yes / No
Consumer Protection advised of address changes	Yes / No

Decision makers must take steps to manage any conflict existing between their duties to the Charity and their personal interests.

Depending on the Charity’s corporate structure there may be specific legislative processes to be followed when dealing with a conflict of interest. If so, please refer to these requirements.

Conflicts of interest
Requirements	Do we comply?	Comments / Actions needed
Consumer Protection advised of Principle Executive Officer changes Regulation 8 - Charitable Collections Regulations 1947 (WA)Charity has a conflict of interest policy	Yes / No
Conflicts of interest are declared when they occur	Yes / No
Disclosures are recorded	Yes / No
Interested party withdraws from the decision-making process.	Yes / No

There will also be legal requirements attached to your Charity’s particular corporate structure:

Associations Incorporation Act 2015 WA - More information available from the Inc Guide.
Self-check for Incorporated Associations
Corporations Act 2001 - Limited companies – Australian Securities and Investments Commission
Incorporated associations outside WA - contact relevant state regulator
Charity registration and taxation – Australian Charities and Not for Profits Commission

Corporate structure
Requirements	Do we comply?	Comments / Actions needed
Committee is aware of the obligations associated with charity’s legal structure	Yes / No
The requirements relevant to this legal structure are being met.	Yes / No

Contact

If you need any assistance, please contact the Charitable Collections Licensing branch:

Phone (08) 6552 9364
Email
Address: Level 2, Gordon Stephenson House, 140 William Street Perth WA 6000

Charitable Collections in Western Australia – Self Check

Documents:

Contact

Acknowledgement of Country