On 12 February 2018, the NSW Government released the report of former NSW Supreme Court Judge Patricia Bergin, SC into the fundraising activities of RSL NSW, RSL Welfare and Benevolent Institution and RSL LifeCare.

A copy of the report is available at: https://www.finance.nsw.gov.au/inquiry-under-charitable-fundraising-act-1991/

All not-for-profit health and aged care providers who are registered as a charity with the Australian Charities and Not-for-profits Commission must ensure that they comply with the ACNC Governance Standards available at: http://www.acnc.gov.au/ACNC/Manage/Governance/ACNC/Edu/GovStds_overview.aspx

Not all charities realise that fundraising is more than 'rattling the tin'. Charitable fundraising can involve raising funds through your website, through raffles or special events organised by the organisation with volunteers and residents.

If a charity has a charitable fundraising authority, then it must also comply with the relevant State/Territory charitable fundraising authority conditions. For example, in New South Wales there are special requirements for Constitutions, dispute resolution, the financial accounts and auditing. Refer to: http://www.fairtrading.nsw.gov.au/ftw/Cooperatives_and_associations/Charitable_fundraising/Fundraising_controls.page

A Charitable Fundraising and Donations Policy and Charity Pack for staff and volunteers which complies with legal requirements is a recommended compliance tool.

Holman Webb conducted a corporate and clinical governance review and assisted with the development of charitable fundraising policies on behalf of RSL LifeCare as part of its continuous improvement strategy in response to the Bergin Inquiry. Our recommendations for our Stage 1 Report were included in the Bergin Inquiry Report.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.