Charitable organisations on occasions may require the services of a commercial fundraiser. This information will help your organisation obtain the best outcome.
Commercial fundraisers are not required to be licensed under the Charitable Collections Act 1946 and consequently any agreement between your organisation and a commercial fundraiser is subject to contract law.
Your organisation should obtain legal advice before entering into a contract or commercial agreement with a fundraiser as this may prevent litigation at a later date. The Charitable Collections Advisory Committee does not provide legal advice.
It is important to remember that the commercial fundraiser will be marketing your organisation within the community and careful selection will ensure the good name of your organisation is safeguarded.
Before entering into a contract with a commercial fundraiser your organisation should firstly decide what it wants to raise the money for and how it proposes to raise the money. Ask the potential fundraiser to supply a feasibility study before your committee makes a final decision to employ the fundraiser.
Some of the issues you may wish to consider are:
- It is suggested you request the fundraiser supply referees and contacts within organisations they have operated for previously, enabling organisation to check on the fundraiser’s previous experience.
- Police clearance certificates may also be requested to confirm that the fundraiser or in the case of a body corporate, officers of the fundraiser are of good character and do not have criminal records.
- Consumer Protection can help identify the proprietors of the business name or the Australian Securities and Investment Commission can ascertain the directors of a corporation.
- It is also appropriate to inquire if the fundraiser is a member of a professional organisation, for example the Fundraising Institute of Australia.
Charitable collections come under the Charitable Collections Act 1946, Charitable Collection Regulations 1947 and Charitable Collection Amendment Regulations 2000 available from the State Law Publisher.
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