Professional Documents
Culture Documents
CHARITIES
Fact Sheet
Contents What complaints are looked at?
Charitable Fundraising
Liquor, Gaming and Racing? • details of any complaints made to the police
or other public bodies about these matters.
It is usually best to write.
Indicate what action you think we should take to
However, you may wish to telephone first to resolve the problem.
Fact Sheet help clarify issues. The matter may be able to be
resolved over the phone. If you do phone always It is a criminal offence knowingly or recklessly
ask for the name of the person to whom you speak to supply us with information which is false or
and their position. Tell them about the complaint, misleading. Anyone able to give information in
Charitable Fundraising
ask if we can help and what we could do. You good faith, however, should feel quite free to do so.
should keep notes of this and the time and date of
the call.
Confidentiality
Nevertheless, to ensure your concerns are properly
We do not normally take any action on the basis of
addressed, write a letter and send it to us by mail
anonymous information.
or e-mail (charity.complaints@olgr.nsw.gov.au or
lottery.complaints@olgr.nsw.gov.au). Even if you It will be difficult for us to act unless we can use
are satisfied with your telephone conversation, it the information provided. If you write to us, please
may be best to confirm your understanding of the state:
conversation in writing.
• whether we may put your complaint and any
Unless you have an urgent problem, or the matter evidence to the charity or the organiser of the
can be resolved over the phone, it is best to write. community gaming activity, and
Make it clear and to the point. Summarise in a • whether we may reveal your name to the
couple of sentences exactly what your complaint charity or the organiser of the community
is. Don’t go into excessive detail — if detail is gaming activity as the complainant.
necessary set it out logically.
If you do not wish this to happen, you may
You should write to us with the following nevertheless pass information to us. Also, please
information. mark your complaint with words (eg. confidential
or in confidence) that would make your intention
• your full name and address and other contact clear to us. Nevertheless, we have a policy that
particulars (e-mail address, telephone prohibits officers divulging information about
number) and details of your connection with complainants, etc., to other persons. You may be
the charity or the community gaming activity assured that in the absence of any clear direction
(if any) from you, your name and particulars will not be
• the name of the charity and its CFN divulged.
registration number (if known)
We will respect confidences so far as we are
• the name of the organiser of the community able, but any person criticised by us as a result
gaming activity and its permit number (if any, of an inquiry has a right to be told the nature of
if known) the evidence upon which the complaint has been
based, and in some cases this evidence may point
• a summary of your complaint or concern, and
towards the complainant.
the background to what has occurred
• relevant dates and times The results of inquiries may also be used in
Court proceedings, and some, of particular public
• description of incidents interest, may be published.
• details of conversations and meetings
Documents and information gathered during the
• copies of relevant letters course of an inquiry will be treated in confidence,
• any explanations you think are important unless and until we decide to publish the results
(if necessary) or they are required under a Court
• any documentary evidence (or copies) in Order during legal proceedings.
support of your complaint
The Freedom of Information Act 1989 (FOI
• details of any attempts you have made to
Act) confers on each member of the public a
have someone in authority in the charity or
legally enforceable right to be given access to
the organisation of the community gaming
documents held by Government subject only to
activity to put right what you believe to be
such restrictions as are reasonably necessary for
misconduct or wrong
the proper administration of Government. The Act
• details of any previous correspondence or requires any discretion conferred to be exercised
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INVESTIGATING CHARITIES
as far as possible to facilitate and encourage the additional information from the charity or the
disclosure of information. Each document is to organiser of the community gaming activity.
be examined on the premise that access is to be
given unless an exemption provision specifically Each complaint is reviewed and assessed against
provides for the exemption of the information criteria to determine its priority. The Investigation
contained. The exemption provisions are to be Unit will evaluate the information to decide
whether:
Fact Sheet narrowly and strictly interpreted.
information. Clause 13 of Schedule 1 states that a • the matter is sufficiently serious to justify an
document is an exempt document: investigation.
(a) if it contains matter the disclosure of As we must give priority to the most serious
which would found an action for breach of cases of abuse or bad administration, we may
confidence; or not be able to investigate some minor complaints
(b) if it contains matter the disclosure of which - if our investigation staff is engaged on higher
priority work, or if the costs of an investigation far
(i) would otherwise disclose information outweigh any loss to the charity or the community.
obtained in confidence; and
You will be advised as soon as possible, normally
(ii) could reasonably be expected to prejudice
within two months, whether we propose to take
the future supply of such information to
action.
the government or agency; and
(iii) would, on balance, be contrary to the
public interest. Investigations / Inquiries
To find an action for breach of confidence it Compliance officers of the Investigation Unit carry
is necessary to show that the information is out investigations or inquiries. They have the skills
inherently confidential, the document or the and experience to investigate.
information contained in the document was given In some rare cases, specialists from outside the
in circumstances which indicate the establishment NSW Office of Liquor, Gaming and Racing may
or existence of a confidential relationship and that also help carry out this work.
there is unauthorised use of the information to
the detriment of the informant. The existence of a Compliance Officers are under a duty to act fairly.
confidential relationship may be expressly stated They are concerned solely with the best interests
or inferred from all the circumstances. of the charity and its beneficiaries. They do not
represent the interests of either the complainant or
This clause of the FOI Act is concerned with the management committee of the charity or the
protecting information that would not have been organiser of the community gaming activity.
given to us unless confidentiality was maintained.
If you mark your letter of complaint with words to They have power to obtain and copy all relevant
the effect that it is submitted IN CONFIDENCE, information and documents from the charity or
we would submit that this requirement is met and the organiser of the community gaming activity,
access would be refused. advisers and bankers of the charity or the
community gaming activity, which are necessary
However, section 25 (4) of the FOI Act provides for their work.
that if it is practicable to provide access to a
document from which exempt matter has been When we investigate our main concern is to
deleted, and it appears that the applicant would ensure that the charity or the organiser of the
wish to have access to such a copy, there is a duty community gaming activity suffers no financial
to provide access accordingly. This possibility loss or damage to its reputation as a result of
must be examined in every case before a decision anyone’s misconduct. We also need to ensure that
is made to deny access to any page of a document. the charity or a community gaming activity will be
managed properly in the future.
• refer the matter to the appropriate authorities We will try to let you know the outcome of the
Charitable Fundraising
for them to consider legal proceedings investigation, though some are very complex and
can take many months, sometimes more than a
• refer the matter to the police or to other
year, to complete.
government agencies for appropriate action
• refer issues concerning trustees to the
Attorney General’s Department for
consideration of matters under the Charitable
Trusts Act 1993 (suspend or remove trustees
and employees, appointment of new trustees,
etc.).
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