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Donations Policy

1. Purpose

The purpose of this Donations Policy is to ensure that all contributions made to "Caz 4 Cowper (Carolyn Heise – Independent)" operating under The Independent Cowper Pty Ltd to be used to campaign for the upcoming federal election are handled in a consistent, transparent, and ethical manner. This policy aims to guide the acceptance, management, and reporting of donations to align with the organization's mission and values.

2. Scope

This policy applies to all donations made to "Caz 4 Cowper (Carolyn (Caz) Heise – Independent)" operating under The Independent Cowper Pty Ltd, including monetary and in-kind contributions.

The following are the applicable laws as at 30th June 2024. 

The Australian Government has signalled that it may change these laws before the next federal election. As soon as new legislation is enacted we will update this page, but if in any doubt always refer to the Australian Electoral Commission (AEC) website.

3. Types of Donations

  • Monetary Donations: Electronic transfers, and credit card payments. We will not accept cash or checks. 
  • In-Kind Donations (also known as gifts): Goods, services, discounts or office spaces donated to the organisation.

4. Acceptance of Donations

  • General Principles: Donations should support the mission and values of The Independent Cowper Pty Ltd. We reserve the right to decline any donation that may compromise our integrity, reputation, or operational effectiveness.
  • Restrictions: In addition to our legal requirements set out by the Australian Electoral Commission, our tenets for donations are that:
    • We do not accept donations from organisations (such as corporations, associations, societies or clubs) if it can not be demonstrated to our Risk, Finance & Governance Committee that they align with our mission and campaign values.  
    • We may refund donations on the basis of integrity concerns. 
  • Conflict of Interest: Donations from individuals or entities with potential conflicts of interest must be evaluated to prevent any undue influence on organisational decisions.

5. Compliance with Section 44 of the Constitution Act

  • Understanding Section 44: Section 44 of the Constitution Act deals with the disqualification of candidates for public office in Australia. It includes provisions related to conflicts of interest and eligibility criteria for holding public office. You are not permitted to make, and The Independent Cowper Pty Ltd is not permitted to receive, a donation of more than $100 from a foreign donor. If you are uncertain as to whether you are a foreign donor within the meaning of Australian legislation, please check the AEC guide.  
  • Due Diligence: Before accepting donations, we will require all donors to accept a disclaimer to confirm there is not a foreign donor.  If The Independent Cowper Pty Ltd has any concerns about your eligibility, you acknowledge that The Independent Cowper Pty Ltd may seek proof of that status and we may return your donation if the proof is insufficient.
  • Documentation and Review: The organisations will maintain documentation of the due diligence process and any decisions made regarding donations in the context of Section 44. This documentation will be reviewed quarterly by the Finance, Goverance & Risk Committee members to ensure ongoing compliance.
  • Legal Consultation: If there is any uncertainty about the implications of Section 44 on a potential donation, the organisation will consult legal experts to ensure compliance and address any issues that may arise.

6. Surplus Funds Management

  • Definition: Surplus funds are defined as any donations or financial resources that remain unutilised following the conclusion of the "Caz 4 Cowper (Carolyn (Caz) Heise – Independent)" campaign for Cowper post if the campaign is deemed by the Australian Electoral Commission as not elected.
  • Allocation: If the "Caz 4 Cowper (Carolyn (Caz) Heise – Independent)" campaign does not achieve its intended objectives, surplus funds will be allocated as follows:
    • Review and Planning: The Finance, Goverance & Risk Committee will ensure the wrap-up of the campaign has concluded, review has been conducted and all company records are finalised.  
    • Reserve Fund: Surplus funds may be given upon the closure of the company to "Voices 4 Cowper” to continue the engagement with the Cowper community on democracy. 

7. Procedures for Accepting Donations

  • Monetary Donations: Acknowledgment receipts will be provided to donors for tax purposes, including the amount and date of the donation. Donors must be informed of our policy on the acceptance of restricted gifts.
  • In-Kind Donations: All in-kind donations will be assessed for appropriateness, need, and value. Receipts will be issued as appropriate, detailing the nature and estimated value of the contribution.

8. Recognition and Disclosure of Donations

In the first instance we will disclose as per our obligations under Australian Electoral Commission requirements.

9. Use of Donations

  • Allocation: Donations will be allocated at the discretion of Carolyn (Caz) Hiese, provided they align with the organisation’s objectives.
  • Reporting: Upon the conclusion of the campaign the donations will be disclosed in accordance to the Australian Electoral Commission requirements. We will engage an independent auditor to review the financial donors and expenses that will be publicly available upon the conclusion of the disclosure declaration to the AEC, and the conclusion of the audit. 

10. Financial Oversight

  • Transparency: The organisation will maintain transparency in its financial practices and ensure that all donations are used effectively to support its mission.
  • Audits: Regular audits will be conducted to ensure compliance with this policy and relevant financial regulations.

11. Policy Review and Amendments

  • This Donations Policy will be reviewed annually by the Risk, Finance & Governance Committee. Amendments to the policy may be made as necessary to adapt to changing circumstances or regulatory requirements.

12. Contact Information

For questions or further information about this policy, please contact:

The Independent Cowper Pty Ltd
13-15 Park Avenue, Coffs Harbour NSW 2450
[email protected]

 

Approval: This policy was approved by the Finance, Governance & Risk Committee on 1st November 2024.