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Page 1 of 10 NSW TEACHERS FEDERATION DONATIONS POLICY 11 August 2015

Donations Policy Final - NSW Teachers Federation · 2017. 2. 22. · Page 7 of 10 NOTE: • Applications for Financial Approval should not be made retrospectively. Seek approval before

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  • Page 1 of 10

    NSW TEACHERS FEDERATION

    DONATIONS POLICY

    11 August 2015

  • Page 2 of 10

    DONATIONS POLICY

    Originally endorsed

    13th August 2013 Date of publication

    10th October 2013

    Updated and endorsed

    11th August 2015

    Date of publication

    11th August 2015

    Current status

    ACTIVE

    To be reviewed

    August 2016

  • Page 3 of 10

    DONATIONS POLICY

    Table of Contents GENERAL INFORMATION ..................................................................................................................................... 3

    APPENDIX A – NSW TEACHERS FEDERATION FUNDING FOR CHARITABLE REQUESTS ................................... 5

    APPENDIX B – PROCEDURES FOR DONATIONS BY ASSOCIATIONS .................................................................. 6

    APPENDIX C – EXTRACTS FROM AEU NSW TEACHERS FEDERATION BRANCH RULES ..................................... 8

    APPENDIX D - ASSOCIATION DONATION - REQUEST FOR APPROVAL FROM THE NSW TEACHERS FEDERATION

    BRANCH EXECUTIVE ............................................................................................................................................ 10

  • Page 4 of 10

    The NSW Teachers Federation receives a considerable amount of correspondence from external sources, including

    requests for donations, usually from charitable and other not-for-profit organisations.

    Although the requests relate to very worthwhile projects and programs, many do not sit easily or are not clearly

    connected to the objects of the Federation.

    Finance Committee will recommend an annual budget for donations for the following year. This will also be a factor in

    consideration by the committee when making recommendations.

    Accordingly, the basis for approval of donations will be determined on the following criteria:

    1. The organisation’s activities and programs align to Federation’s objects under the Rules, values and policies around trade unionism and public education.

    Stewart House and APHEDA-Union Aid Abroad have been identified as Federation’s “preferred charities”.

    Both organisations have clear links to public education.

    2. There are other organisations which are based on principles of social justice and conduct programs and/or campaigns in support of those principles.

    Some of these organisations are supported by Federation through affiliations, rather than by donation. The

    decision to affiliate is determined by Federation Council each year at its March meeting.

    Other requests for donations from those and other organisations, usually for a specific project, will be received

    from time to time.

    Those requests will be considered by the Finance Committee with any recommendation for approval to be

    endorsed by Executive.

    In considering such requests the Finance Committee will consider any existing financial contribution from

    Federation to the organisation as well as the merits of the particular program, including the relevance to

    improving broader social justice within the community, aligned to Federation policy.

    3. Other organisations or charities seek donations for projects which promote public benefits, or seek to address disadvantaged groups or individuals. While the various projects or programs may be based on social justice

    principles, or in the public interest, the organisation/charity may not be clearly aligned to Federation policy

    and principles around public education, or could possibly be in competition with public education.

    This would include charitable groups developed from religious institutions (eg. Salvation Army, St Vincent

    de Paul, Mission Australia, Wesley Mission, Father Chris Riley Youth Off the Streets, etc.).

    There are a number of medical research programs which also seek financial donations.

    While Federation supports appropriate research, it is not in a position to generally provide financial support

    for medical research, even where it relates to children such as The Children’s Hospital etc.

    However, there will be groups of projects or organisations which have a direct connection to our members and

    policies, for example, The Smith Family sponsorships for disadvantaged students in public schools, and the

    Asbestos Diseases Foundation of Australia.

    4. NSW Teachers Federation values its political independence. As such, no donations will be made to any political party.

    5. Requests for fundraising events such as purchase of tables at dinners will be referred to the Senior Officers file for consideration, and in line with the guidelines provided to the File meetings for that purpose. (Appendix A)

    6. International aid will be considered on a case by case basis, recognising the Federation’s affiliation to the national Australian Education Union. Again, in general the consideration of public education and trade

    union/worker rights will be part of any consideration of a donation.

    7. Other requests for donations will be considered on a case by case basis, with the criteria of Federation policy (including rules and objects) and the annual budget allocation forming the basis for any recommendation.

    8. It is important that the decision to make a donation (including one given to a member in extraordinary circumstances) complies with Rule 50 of the AEU NSW Teachers Federation Branch.

  • Page 5 of 10

    APPENDIX A

    NSW TEACHERS FEDERATION FUNDING FOR CHARITABLE REQUESTS

    NSW Teachers Federation Policy for funding representatives of Federation to attend union based events, or events which

    seek to raise funds for charities or union matters.

    Federation has a long standing commitment to support Stewart House and APHEDA –Union Aid Abroad as its preferred

    charities, both of which align to Federation’s objectives under its rules, values and beliefs around unionism and public

    education.

    While there are other organisations and events which are based on social justice principles, the level of financial support

    from NSWTF will not be provided at the same level.

    For fundraising events, including lunches, dinners or breakfasts, levels of financial support are as follow:

    1. Stewart House Annual Ball

    • Federation funds two tables of 10.

    2. APHEDA Annual Dinner

    • Federation funds one table of 10.

    3. May Day Dinner

    • Federation funds one table of 10.

    4. Other events, for example; Jessie Street Library lunch, UNHCR breakfast, the Ernies Awards, etc.

    • Federation may provide a proportion of the cost; for example, fund the full cost for four attendees. In those circumstances, the total amount allocated could be shared between attendees should more than four wish to

    attend.

    5. For conferences, dinners such as ACTU Congress and AEU Federal Conference, where it is desirable for delegates to attend.

    • Federation will fund half the cost of the dinner (recognising that the tea/dinner allowance does not extend sufficiently in regard to the “gap” payment required of delegates attending as Federation representatives).

    6. Approval for individual requests for Federation to fund attendees at other events will be on a case-by-case basis as a decision of the Senior Officers. Where the Senior Officers deem that attendance is in line with Federation

    objectives, the funding will usually be approved on the basis described at point 4.

  • Page 6 of 10

    APPENDIX B

    PROCEDURES FOR DONATIONS BY ASSOCIATIONS

    Every year, the NSW Teachers Federation, as a whole, makes appropriate annual donations to certain charitable

    organisations. It is, therefore, not necessary for NSW Teachers Federation Associations to do the same. It is expected

    that most of the moneys paid to Associations, on an annual basis, are used for the running costs of the Associations.

    The Federation’s Rules are very clear about the matter of NSW Teachers Federation’s Associations making donations

    (See Appendix C - Extracts from The NSW Teachers Federation Branch Rules). When an association does make a decision,

    in a meeting, to donate money then specific procedures have to be followed.

    The Procedure For Making A Donation

    a) To whom can an association make donations?

    On the 13th

    August 2013, the Executive endorsed the new NSW Teachers Federation Donations Policy. A copy of the

    policy was sent to all Associations.

    • Remember that Stewart House and APHEDA – Union Aid Abroad have been identified as the Federation’s “preferred charities”.

    • Donations may only be given to other charities / organisations if they meet the criteria as outlined in points 2 and 3 of the NSW Teachers Federation Donations Policy. This also applies to giving a donation to a charity /

    organisation in lieu of a speaker’s fee.

    • Associations are excluded from making “any donation or other payment from their funds for political objects”. (See Appendix C - specifically Rule 63 (4) of the NSW Teachers Federation Branch Rules).

    • Under its rules, the NSW Teachers Federation is banned from using member’s funds for political donations. (See Appendix C – specifically Rule 46(2) of the NSW Teachers Federation Branch Rules).

    • These rules, therefore, mean that an Association cannot donate any money in support of any political candidate or party.

    • Organisations that are not clearly aligned to Federation policy and principles around public education, or that could possibly be in competition with public education cannot be supported. As a result, no donations can be

    made to private schools (independent or church schools).

    b) How should a donation be made?

    “Associations shall not make any loan, grant or donation from their funds without having first obtained the

    approval of the Branch Executive.” (See Appendix C - NSW Teachers Federation Branch Rules – specifically 63. (3)).

    Associations, therefore, need to ensure that they seek Branch Executive approval before donating any money. The

    procedure for obtaining such approval is as follows:

    • An Association meeting has to have carried a motion to request approval to make a donation. • The Association Secretary needs to apply, in writing, to the NSW Executive for Financial Approval (to make the

    donation).

    • This approval should be sought in the form of a letter (under the Association’s letterhead) addressed to the NSW Branch Executive. The template provided can be used (see Appendix D).

    • The letter should obtain the following details: - The amount to be donated - The name of the organisation or charity to which the money is to be donated. - An explanation about the rationale for / purpose of the donation. - Any related documents. - Details of the decision carried at an association meeting to make the donation (including the date of the

    decision).

    • The letter can be posted or emailed to NSW Teachers Federation.

  • Page 7 of 10

    NOTE:

    • Applications for Financial Approval should not be made retrospectively. Seek approval before making the donation.

    • Approval to donate to an organisation over a number of years cannot be made. Approval should be sought every year.

    • No donations to political parties / candidates or to any organisations outside of the NSWTF Donation Policy’s guidelines can be made.

    • No donations can be made to private schools (independent or church schools).

  • Page 8 of 10

    APPENDIX C

    EXTRACTS FROM AEU NSW TEACHERS FEDERAION BRANCH RULES

    62. PAYMENTS TO ASSOCIATIONS

    (1) The Branch Executive provide for the payment of funds to associations on an annual basis. The payment to

    associations in any year shall consist of:

    (a) a fixed amount for each association being not less than $100 together with,

    (b) amounts calculated by multiplying such amounts as Branch Executive may consider appropriate for each

    Association by the number of financial members of the association at 31 December in the previous year.

    The Branch Executive may fix different per capita amounts for regional and state-wide associations, but

    all regional associations shall receive the same per capita amount.

    (2) (a) Associations shall, within three months of the end of each calendar year, provide the Branch Secretary

    with a financial statement providing details of the income, expenses, assets and liabilities of the

    association as at 31 December.

    (b) The Branch Secretary shall ensure that no allocation of funds is made to an association unless and until

    the financial statements for the previous calendar year have been provided and the Branch Secretary is

    reasonably satisfied that the financial statements reflect the true financial position of the association.

    (c) In the event that financial statements, required to be provided by an association under this sub-rule,

    have not been provided by 31 December in the following year, that association shall forfeit its rights to

    receive any monies in accordance with this rule for the calendar year following the year in respect of

    which financial statements have not been provided.

    63. EXPENDITURE OF ASSOCIATION FUNDS

    (1) The funds of an association may only be applied to further the objects of the Union and the expenses of its

    operation and management.

    (2) The Branch Executive shall from time to time adopt guidelines for the expenditure of association funds.

    Associations may expend funds only in accordance with such guidelines.

    (3) Associations shall not make any loan, grant or donation from their funds without having first obtained the

    approval of the Branch Executive.

    (4) Associations shall not make any donation or other payment from their funds for political objects.

    46. APPLICATION OF FUNDS

    (1) Subject to sub-rule 2, the funds of the Branch may be applied and used for, or in connection with, any lawful

    object or purpose authorised by these rules.

    (2) Without limiting the generality of sub-rule 1, the funds of the Branch may be used to promote public education

    through political campaigns to provided that no donations or other payments shall be made in support of

    particular candidates or political parties in elections to parliament.

  • Page 9 of 10

    50. LOANS, GRANTS AND DONATIONS

    No loan, grant or donation for an amount exceeding $1,000.00 shall be paid unless the Branch Executive has:

    (a) satisfied itself;

    (i) that the making of the loan, grant or donation would be in accordance with the Federal Branch

    Rules; and

    (ii) in the case of a loan - that, in the circumstances, the security proposed to be given for the

    repayment of the loan is adequate and the proposed arrangements for the repayment of the

    loan are satisfactory; and

    (b) approved the making of the loan, grant or donation.

  • Page 10 of 10

    APPENDIX D

    ASSOCIATION DONATION – REQUEST FOR APPROVAL FROM THE

    NSW TEACHERS FEDERATION BRANCH EXECUTIVE

    To the NSW Teachers Federation Branch Executive:

    Name of Association

    Name of Association Secretary

    Name of organisation / charity to which the

    money is to be donated

    Amount to be donated $

    Rationale for, or purpose of, the donation:

    Relevant documents are attached (if required) Yes No

    The decision to make a request for this donation

    was carried at the

    Association Meeting on what date?

    Date:

    Mover:

    Seconder:

    Vote:

    Additional correspondence:

    _____________________________________________________________ ________________________________

    Signature of Association Secretary Date signed

    Correspondence is to be sent to:

    The Executive

    NSW Teachers Federation

    Locked Bag 3010

    DARLINGHURST NSW 1300

    or to [email protected] (Attention: The Executive)