ACNCFriendsOfErmera

Link to ACNCExternalConductReporting

Do Friends fo Ermera meet ACNC requirements?

Are we giving overseas?

• We can argue that we are giving to Friends of Ermera, which is a local charity, and the screening of overseas partners is their concern, not ours.

• But the guidance includes:

  • a) Sending money overseas (no matter how small and even if through a 3rd party)

Can we meet the conditions?

• It also gives conditions for overseas donations, including:

  • b) Check reputation of overseas partners by reading their websites and any other documentation to ensure
    they are who they say they are. Check if they are:
    a. Listed as members of Australian Council for International Development; or
    b. Registered with the Australian Charities and Not for Profit Commission (ACNC)

• Searching ACID at https://acfid.asn.au/members/meet-our-members/ did not find them.

• Searching ACNC at https://www.acnc.gov.au/charity/charities?search=friends%20of%20ermera did.

• Its program also appears to be a DGR. Scroll down on https://www.abr.business.gov.au/ABN/View/71798504036

• So it seems that we can justify their reputation.

• Their ACNC obligations appear to be up to date. https://www.acnc.gov.au/charity/charities/bec6c537-39af-e811-a962-000d3ad24a0d/documents/

• Their Annual Information Statement 2022 appears satisfactory.

• The remaining conditions:

  • c) Monitor overseas work – ask for regular reports and provide these to church council.
    d) Have a written agreement with overseas partners that set out the functions and responsibilities of everyone involved.
    e) Have thorough recruitment procedures for staff and volunteers that include appropriate background checks.
    f) Make sure you have a process that allows people to report suspected wrongdoing without fear, retaliation or disadvantage.

    Are difficult for us to meet, other than by asking FoE for appropriate assurances that they will comply with these requirements.

• Note that ACNC website says: 'Charities must meet the ACNC Governance Standards – as well as the ACNC External Conduct Standards if operating overseas – in order to be registered and remain registered with the ACNC.’ So them remaining registered assures us that they have met all requirements. The Presbytery Treasurer thinks "that we can we take comfort" from that.

Seeking advice

• See ACNCCorrespondenceKateFlahavin

  • "I'm confident you’ve done your due diligience."

• Further conversation between Jeff Gardener and DavidMorgan 13 July 2023.

  • Synod advice is that, under current rules, Friends of Ermera and Uniting World would both count as giving overseas through third parties, and would need to be reported to ACNC.
  • Reporting is not due until mid 2024, and there are moves to change the rules.
  • His opinion is that the investigations that we have already done show an honest attempt to meet the rules, which would give considerable protection.
  • Asking Friends of Ermera to agree to give us a copy of their ACNC reports next year would also be useful.

Decision

• Secretary wrote to Council & Finance:

  • I think that we can handle the government reporting. The Synod reporting, actually a form for us to file, is attached.

  • I think that it is important to include an overseas component in the COP.
  • We cannot meet the other conditions above, but neither can anyone giving through an intermediary.
  • We have done our research on FoE, including seeking advice, and have good documentation of that.
  • All indications are that FoE have met all the ACNC requirements, and we can monitor that at the ACNC.
  • On that basis, I would support including FoE in the Fete distribution. Is everyone happy with that?