Contact Consumer Protection
Tel: 1300 30 40 54
consumer@demirs.wa.gov.au
See all Consumer Protection office locations
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.
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 |
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 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.
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.
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.
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.
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:
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 |
If you need any assistance please contact the Charitable Collections Licensing branch:
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