Charitable Collections in Western Australia – Self Check

This publication is for: 
Not for profit

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.

Collections and campaigns

  • 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. For information and application forms visit www.commerce.wa.gov.au/charities.
  • 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 Racing, Gaming and Liquor. For information and application forms visit  www.rgl.wa.gov.au.
Collections and campaigns
Requirements Section of Act or Re Do we comply? Comments / Actions needed
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

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  

 

Accounts

  • 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 Commerce within 6 months of the end of financial year. Yes / No  

 

Record keeping

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  

 

Change of details

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.

Commerce 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
Commerce advised of Principle Executive Officer changes Regulation 8 - Charitable Collections Regulations 1947 (WA) Yes / No  
Commerce advised of address changes Yes / No  

 

Conflicts of interest

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
Commerce 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  

 

Corporate structure

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

 

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

 

 

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Last updated 01 Nov 2016

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