[{"id":"49e8c52d-21ff-43d8-ba7e-694826d2e765","order":1,"text":"CHARITY GOVERNANCE COMPLIANCE PACK","fontSize":"20","textAlign":"center","bold":true,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"efe9a0a8-abfd-4e95-a3b8-b86495f4c7d8","order":2,"text":"Governance provisions adopted to satisfy the requirements of registration with the Australian Charities and Not-for-profits Commission","fontSize":"14","textAlign":"center","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"6317f63f-0eeb-4a99-8e4c-762dc93bbf03","order":3,"text":"These governance provisions form part of the governing document of [Full name of the charity] (the \"Charity\"), a not-for-profit entity established and operating in Australia and registered, or seeking registration, as a charity with the Australian Charities and Not-for-profits Commission (the \"ACNC\").","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"34d189a3-4c8a-495c-8ec5-6b8e730e9329","order":4,"text":"Australian Business Number (ABN): [ABN of the Charity].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"c81c0385-6020-4b44-be98-ce15b6732635","order":5,"text":"The Charity is constituted as a company limited by guarantee under the Corporations Act 2001 (Cth), and is administered by its directors, who together constitute its governing body.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true,"displayConditions":[{"field":"3f845b77-2fb7-444c-8d01-e651e1da2a63","value":"company","type":"add","operator":"="}]},{"id":"b02c3ef9-86de-4566-82a1-405057d61d0b","order":6,"text":"The Charity is constituted as an incorporated association under the associations incorporation legislation of its State or Territory, and is administered by the members of its committee of management, who together constitute its governing body.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true,"displayConditions":[{"field":"3f845b77-2fb7-444c-8d01-e651e1da2a63","value":"association","type":"add","operator":"="}]},{"id":"ca1b3c12-8d6a-4f7a-a3b1-980c5a7b3cee","order":7,"text":"The Charity is constituted as a charitable trust, and is administered by its trustee or trustees, who together constitute its governing body.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true,"displayConditions":[{"field":"3f845b77-2fb7-444c-8d01-e651e1da2a63","value":"trust","type":"add","operator":"="}]},{"id":"e7b60266-8a79-488a-a52f-0ee797651a78","order":8,"text":"In these provisions, the persons who are members of the Charity's governing body, and any other persons who are responsible for governing the Charity, are referred to as the \"Responsible Persons\". The Charity acknowledges that compliance with the ACNC Governance Standards is a condition of its registration as a charity, and that these provisions are to be read together with, and take precedence over, any inconsistent provision of the Charity's governing document to the extent necessary to maintain that registration.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"18","cflou":false,"active":true},{"id":"60b2edf7-50d5-4cd0-ad88-c941a9e32235","order":9,"text":"1. CHARITABLE PURPOSE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"6","sectionNum":"S01"},{"id":"f29bb28e-6265-426a-ad56-9f8066bc04e5","order":10,"text":"The purpose for which the Charity is established (the \"Charitable Purpose\") is: [State the charitable purpose(s) of the Charity].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"e7e77e81-b3dc-4050-956b-2a267379ac8b","order":11,"text":"The Charitable Purpose falls within, and is to be pursued as, the charitable subtype of [charitable subtype] for the purposes of the Charities Act 2013 (Cth).","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"392d3d3d-5356-49db-8fa1-699f2664c597","order":12,"text":"The Charitable Purpose is directed to the public benefit, or to a sufficient section of the public, and is not for the private benefit of particular individuals except to the extent that any such benefit is incidental to, and in furtherance of, the Charitable Purpose. The Charity must at all times pursue, and act in a way that is consistent with, the Charitable Purpose, and must not engage in activities that are contrary to that purpose or that are otherwise disqualifying purposes within the meaning of the Charities Act 2013 (Cth).","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"81dcd49a-b5e6-4dff-b8e0-6540efc598d3","order":13,"text":"The Charity must make information about its Charitable Purpose available to the public, and must provide its governing document to the ACNC for inclusion on the ACNC Register.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"79471781-619d-47f4-8a8f-e6b33aa140a4","order":14,"text":"2. NOT-FOR-PROFIT CHARACTER","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"6","sectionNum":"S02"},{"id":"0bff0362-b32f-4c22-931c-00aa55189d12","order":15,"text":"The assets and income of the Charity must be applied solely in furtherance of the Charitable Purpose. No portion of the assets or income of the Charity may be paid or transferred, directly or indirectly, by way of dividend, bonus or otherwise, to any member of the Charity or to any Responsible Person, except as genuine and reasonable compensation for services actually rendered to, or expenses properly incurred on behalf of, the Charity in furtherance of the Charitable Purpose.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"39bec225-e121-4c5d-a548-28bafb1386cf","order":16,"text":"Any payment or benefit permitted under this clause must be reasonable in amount having regard to the services rendered or expenses incurred, must be properly authorised, and must be made on arm's length terms. A Responsible Person must not be involved in the decision to approve any payment or benefit to that person or to a person associated with them.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"537ddb0b-027f-47ad-a1eb-63343e0ab60f","order":17,"text":"The Charity may make a surplus, but any surplus must be retained and applied towards the Charitable Purpose and must not be distributed to members. Nothing in this clause prevents the payment in good faith of reasonable remuneration to any officer or employee of the Charity, or to any Responsible Person, for services actually rendered to the Charity.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"126eaffd-20b9-4d4b-b289-82f7bf6c8fea","order":18,"text":"3. THE ACNC GOVERNANCE STANDARDS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"6","sectionNum":"S03"},{"id":"750f86e8-30a7-43d3-b261-918745466933","order":19,"text":"The Charity must take reasonable steps to ensure that it complies at all times with each of the six ACNC Governance Standards prescribed under the Australian Charities and Not-for-profits Commission Regulations, and must be able to demonstrate that compliance to the ACNC on request. The steps that are reasonable for the Charity are to be assessed having regard to the Charity's size, its Charitable Purpose, its activities, and the people and causes it serves.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"493e0a6f-d269-45a2-ad4c-adc2b814e5e5","order":20,"text":"Governance Standard 1 — Purposes and not-for-profit nature","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"624cafc9-b928-49f1-9770-8d5c2532ff22","order":21,"text":"The Charity must be able to demonstrate that it is established and operated as a not-for-profit entity, that it works towards its Charitable Purpose, and that it makes information about that purpose available to the public. The Charity must comply with the not-for-profit and winding-up provisions set out in these governance provisions.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"3ebd6f89-9f0d-4737-9ff5-941106407509","order":22,"text":"Governance Standard 2 — Accountability to members","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"45151c0a-135d-45d4-a94b-376df30c267b","order":23,"text":"If the Charity has members, it must take reasonable steps to be accountable to its members and to give its members adequate opportunity to raise concerns about the governance of the Charity. The Charity may meet this Standard by, among other things, holding regular general meetings, providing members with information about the Charity's activities and finances, and giving members a reasonable opportunity to ask questions of the Responsible Persons.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"f6f30784-bddf-482d-ab61-117460f0d019","order":24,"text":"Governance Standard 3 — Compliance with Australian laws","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"2b406c91-5547-4330-94d4-0a869062c35b","order":25,"text":"The Charity must not engage in conduct, or omit to engage in conduct, if that conduct or omission may be dealt with as an indictable offence under an Australian law, or by way of a civil penalty of 60 penalty units or more. The Charity must take reasonable steps to comply with all Australian laws applicable to it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"2f52bf64-23c0-4c61-9c14-9d65ed3f60e3","order":26,"text":"Governance Standard 4 — Suitability of Responsible Persons","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"2f3a22d6-da63-4a00-8091-608e2e8843fd","order":27,"text":"The Charity must take reasonable steps to be satisfied that each of its Responsible Persons is not disqualified from managing a corporation under the Corporations Act 2001 (Cth) and is not disqualified from being a Responsible Person of a registered charity by the ACNC Commissioner. Before appointing a Responsible Person, and from time to time thereafter, the Charity must make reasonable checks (which may include checking the ACNC Disqualified Persons Register and the records maintained by the Australian Securities and Investments Commission) and must take reasonable steps to remove any Responsible Person who does not meet these requirements.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"42a835f6-e13d-47f4-ad23-88192cd82686","order":28,"text":"Governance Standard 5 — Duties of Responsible Persons","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"7135a312-c227-48d7-b6d6-8f15d7d5d42c","order":29,"text":"The Charity must take reasonable steps to ensure that its Responsible Persons are subject to, understand, and carry out the duties set out in the clause of these provisions entitled \"Duties of Responsible Persons\". Reasonable steps include bringing those duties to the attention of each Responsible Person, providing information and resources about those duties, maintaining processes to identify and manage conflicts of interest, and taking reasonable action where it appears that a Responsible Person may not be carrying out their duties.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true},{"id":"e1156a3e-337f-4a05-8e85-b6f1cae6eef3","order":30,"text":"Governance Standard 6 — Public trust and confidence (National Redress Scheme)","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"b29e7e4e-83a5-4793-b2a8-a11fd835599f","order":31,"text":"If the Charity is, or is likely to be, identified as being involved in the abuse of a person in an application for redress made under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth), or in information given in response to a request from the National Redress Scheme Operator, the Charity must take reasonable steps to become, and to remain, a participating non-government institution under that Scheme within the time required, and must act on requests from officers of the Scheme relating to its participation without undue delay.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"33b529b4-dd34-465a-b1e3-bedbd947bbf1","order":32,"text":"Basic Religious Charity","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"4","cflou":false,"active":true,"displayConditions":[{"field":"af8f47fc-8070-4876-a7bf-b4d2f4431995","value":"advancing religion","type":"add","operator":"="}]},{"id":"1e9c816c-ed48-48e4-baff-d44b71c5b970","order":33,"text":"If the Charity is a Basic Religious Charity within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 (Cth) — that is, a charity registered only with the subtype of advancing religion, that is not a body corporate registered under the Corporations Act 2001 (Cth) or incorporated under State or Territory associations incorporation legislation, that is not endorsed as a deductible gift recipient as a whole, that does not report to the ACNC as part of an approved reporting group, and that has not received government grants exceeding the prescribed threshold in the current or either of the two previous financial years — then, for so long as it remains a Basic Religious Charity, Governance Standards 1 to 5 do not apply to it. The Charity must nevertheless take reasonable steps to comply with Governance Standard 6 (National Redress Scheme) and, if it operates outside Australia or works with an overseas third party, with the External Conduct Standards. The Charity must continue to pursue its Charitable Purpose, maintain its not-for-profit character, and comply with all Australian laws applicable to it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true,"displayConditions":[{"field":"af8f47fc-8070-4876-a7bf-b4d2f4431995","value":"advancing religion","type":"add","operator":"="}]},{"id":"8977d132-b0e2-4937-a141-2a2a016a386c","order":34,"text":"4. DUTIES OF RESPONSIBLE PERSONS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"6","sectionNum":"S04"},{"id":"d525075a-a830-407d-bb79-36dca9475465","order":35,"text":"Each Responsible Person must, in exercising their powers and discharging their responsibilities in relation to the Charity:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"c49fc0bb-242b-4682-9b50-591fbf894746","order":36,"text":"Care and diligence — act with reasonable care and diligence, exercising the degree of care and diligence that a reasonable individual would exercise if they were a Responsible Person of the Charity;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"cd1fbc60-b3ba-4911-853b-5b75481932ff","order":37,"text":"Good faith and proper purpose — act honestly and fairly in the best interests of the Charity and for its Charitable Purpose, and not for any improper or collateral purpose;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"8ff5adaa-c8ab-44f9-8f51-8363d8b8fd6e","order":38,"text":"No misuse of position or information — not misuse their position as a Responsible Person, and not misuse information obtained in that capacity, to gain an advantage for themselves or any other person, or to cause detriment to the Charity;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"d678e94a-0c67-4272-b416-1dcf50e48e44","order":39,"text":"Conflicts of interest — disclose to the Charity any actual or perceived material conflict of interest, and manage that conflict in accordance with the Charity's processes, including by not participating in any decision in which they have a material personal interest unless permitted to do so;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"3846897c-2567-4561-9496-5ef037f69907","order":40,"text":"Financial responsibility — ensure that the financial affairs of the Charity are managed responsibly, and not allow the Charity to operate while it is insolvent or to incur a debt when there are reasonable grounds to suspect that the Charity is, or would by incurring the debt become, insolvent; and","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"61af9a07-9e0b-42c2-9b14-7a6efccdd2bb","order":41,"text":"Compliance — take reasonable steps to ensure that the Charity complies with the ACNC Governance Standards, the External Conduct Standards where applicable, its obligations under the Australian Charities and Not-for-profits Commission Act 2012 (Cth), and all other Australian laws applicable to it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"948e3000-1e3d-4cda-8362-036cd73ee9f9","order":42,"text":"By accepting, or by continuing in, appointment as a Responsible Person of the Charity, each Responsible Person acknowledges these duties and undertakes to the Charity to comply with them. The Charity must give each incoming Responsible Person written notice of these duties, and must keep a record of that notice.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"7f2818dd-1264-4880-b1e1-7ca07693f80c","order":43,"text":"5. CONFLICTS OF INTEREST","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"6","sectionNum":"S05"},{"id":"8e0dcfc7-b648-4772-9b57-efe7105128f8","order":44,"text":"A Responsible Person has a material conflict of interest if they have a direct or indirect interest, whether pecuniary or otherwise, that conflicts, or may conflict, with the interests of the Charity or with the proper performance of their responsibilities in relation to the Charity. This includes an interest of a person associated with the Responsible Person, such as a relative or a business associate.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"26695d60-963a-4046-ab11-f18f34e5a23d","order":45,"text":"A Responsible Person who has, or becomes aware that they may have, a material conflict of interest in a matter being considered, or about to be considered, by the governing body must disclose the nature and extent of that interest to the governing body as soon as practicable after becoming aware of it. The disclosure must be recorded in the minutes and in a register of interests maintained by the Charity.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"dc00aaa1-d90c-4891-92e6-19d75659b0d1","order":46,"text":"Unless the governing body resolves otherwise in accordance with the Charity's governing document and applicable law, a Responsible Person who has disclosed a material conflict of interest in a matter must not be present while the matter is being considered at a meeting, must not vote on the matter, and must not be counted in the quorum for that item. The governing body must manage the conflict in the best interests of the Charity and consistently with the Charitable Purpose.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"4d18a8f4-e231-4936-a736-b6bd0d95b4da","order":47,"text":"This clause does not prevent a Responsible Person from participating in a decision about a matter that is common to all members or Responsible Persons, or from receiving a benefit that is expressly permitted by these provisions and properly authorised, provided the interest has been disclosed and managed in accordance with this clause.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"851c6b8a-fd64-4f5e-82f2-cbbc4de9097d","order":48,"text":"6. REMUNERATION AND RELATED-PARTY BENEFITS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"6","sectionNum":"S06"},{"id":"a4d0ce9e-2b4b-4ce9-a433-9438d4836eaa","order":49,"text":"The Charity may pay reasonable remuneration to a Responsible Person, to an employee, or to a person or entity associated with a Responsible Person, only for services actually rendered to, or goods actually supplied to, the Charity in furtherance of the Charitable Purpose, and only where the payment is:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"77123976-5c72-452c-8019-2cb93d41bfc7","order":50,"text":"reasonable in amount having regard to the services rendered or goods supplied, and no more favourable to the recipient than an arm's length arrangement would be;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"c9635a3c-d144-4a94-9247-ffe05b51c884","order":51,"text":"approved by the governing body after full disclosure of the interest, with the interested Responsible Person taking no part in the decision in accordance with the clause entitled \"Conflicts of Interest\"; and","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"d51e1858-3815-45f0-ac22-60ff8b6426a2","order":52,"text":"documented, and recorded in the Charity's register of interests and its financial records.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"3cc1e87c-caa5-4186-9720-2a26733e56ba","order":53,"text":"No part of the income or assets of the Charity may otherwise be paid or transferred, directly or indirectly, to a Responsible Person or a person associated with them. This clause operates subject to, and does not derogate from, the not-for-profit requirements set out in the clause entitled \"Not-for-Profit Character\".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"a5657dee-1215-48de-ab99-b344fa5d3b35","order":54,"text":"7. INDEMNITY AND INSURANCE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"6","sectionNum":"S07"},{"id":"d4cd8bf2-1a2a-44ea-a0e3-f2f01baa1ee4","order":55,"text":"To the extent permitted by law, the Charity indemnifies each Responsible Person, and each former Responsible Person, out of the assets of the Charity against liability incurred by that person in good faith in, or arising out of, the proper performance of their responsibilities in relation to the Charity, including reasonable legal costs. This indemnity does not extend to any liability arising from a lack of good faith, dishonesty, wilful default, or a breach of the duties set out in these provisions, and does not apply to the extent that the indemnity would be prohibited by, or would cause the Charity to breach, any Australian law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"528a87f8-5dca-4f62-bf63-a0253a3309a1","order":56,"text":"The Charity may pay, out of its assets, a premium for a contract insuring a Responsible Person, an employee, or a former Responsible Person or employee, against a liability incurred in that capacity, except a liability that the law does not permit to be insured against. Any such insurance must be consistent with the Charitable Purpose and with the not-for-profit character of the Charity.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"c7b68a2e-a45a-41fc-8f18-eceb6665e9e8","order":57,"text":"8. WINDING UP AND DISTRIBUTION OF SURPLUS ASSETS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"6","sectionNum":"S08"},{"id":"a8e5dabf-a6da-46e3-964e-ed1fc72b8236","order":58,"text":"If the Charity is wound up or dissolved, then after the satisfaction of all its debts and liabilities any surplus assets remaining must not be paid to or distributed among the members or Responsible Persons of the Charity, or (in the case of a charitable trust) to the persons who established or contributed to the trust. Instead, those surplus assets must be given or transferred to one or more funds, authorities or institutions which:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"5218c15a-10d9-4714-aa18-f5c7dab214e7","order":59,"text":"have purposes similar to, or that include, the Charitable Purpose of the Charity;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"92ef4d30-b9d2-47c6-9612-f63215cd1253","order":60,"text":"are charities registered with the ACNC and are not-for-profit, and whose own governing documents prohibit the distribution of assets and income to their members to at least the same extent as these provisions; and","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true},{"id":"964a9144-7ba7-4d3c-93af-3ea981a1eccb","order":61,"text":"are identified, at or before the time of the winding up or dissolution, by the members of the Charity or, in the case of a charitable trust or where there are no members, by the Responsible Persons, or in default by application to a court or other body having jurisdiction in the matter.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true},{"id":"569c6933-7214-40eb-8afb-df31f3d5ffff","order":62,"text":"9. EXTERNAL CONDUCT STANDARDS (OVERSEAS ACTIVITIES)","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"6","sectionNum":"S09","displayConditions":[{"field":"76ab3a88-1dcd-40fe-812e-8c609641fec1","value":"yes","type":"add","operator":"="}]},{"id":"7408adeb-ff01-417e-9311-6433740d0c2a","order":63,"text":"Where the Charity operates outside Australia, or provides funds, resources or services to, or works with, a third party that operates outside Australia, the Charity must take reasonable steps to comply with each of the four ACNC External Conduct Standards, which apply in addition to the Governance Standards:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"76ab3a88-1dcd-40fe-812e-8c609641fec1","value":"yes","type":"add","operator":"="}]},{"id":"a78ea516-f4b9-4efb-b013-e120838afc48","order":64,"text":"External Conduct Standard 1 — Activities and control of resources","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"4","cflou":false,"active":true,"displayConditions":[{"field":"76ab3a88-1dcd-40fe-812e-8c609641fec1","value":"yes","type":"add","operator":"="}]},{"id":"752a1506-79ab-4f0e-869d-cbb3d4756d29","order":65,"text":"The Charity must take reasonable steps to ensure that its activities outside Australia, and the funds and other resources it uses or sends overseas, are applied in a way that is consistent with its Charitable Purpose and with Australian law, and that it maintains appropriate oversight and control over those activities, funds and resources, including where they are delivered through a third party.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"76ab3a88-1dcd-40fe-812e-8c609641fec1","value":"yes","type":"add","operator":"="}]},{"id":"d1541d37-e735-4d06-91ac-951b0425fde2","order":66,"text":"External Conduct Standard 2 — Annual review and record-keeping","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"4","cflou":false,"active":true,"displayConditions":[{"field":"76ab3a88-1dcd-40fe-812e-8c609641fec1","value":"yes","type":"add","operator":"="}]},{"id":"326ab3b9-8831-484b-ae8e-90cceebd40cf","order":67,"text":"The Charity must obtain and keep records, on a country-by-country basis, of the activities it conducts and the expenditure it incurs outside Australia, of the third parties with which it works, and of the steps it takes to monitor its overseas operations, sufficient to enable it to prepare a summary of those operations if required.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"76ab3a88-1dcd-40fe-812e-8c609641fec1","value":"yes","type":"add","operator":"="}]},{"id":"0814be63-9b80-44c1-9cf1-4410a87be1ca","order":68,"text":"External Conduct Standard 3 — Anti-fraud and anti-corruption","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"4","cflou":false,"active":true,"displayConditions":[{"field":"76ab3a88-1dcd-40fe-812e-8c609641fec1","value":"yes","type":"add","operator":"="}]},{"id":"7780c20e-e484-4c2f-8170-4aaa97786d37","order":69,"text":"The Charity must take reasonable steps to minimise the risk of fraud, corruption, bribery, money laundering, financing of terrorism and other criminal or improper conduct in connection with its overseas operations, and to comply with the Australian laws that apply to that conduct.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"8","cflou":false,"active":true,"displayConditions":[{"field":"76ab3a88-1dcd-40fe-812e-8c609641fec1","value":"yes","type":"add","operator":"="}]},{"id":"badb9d31-925a-416e-a600-36762688a970","order":70,"text":"External Conduct Standard 4 — Protection of vulnerable individuals","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"4","cflou":false,"active":true,"displayConditions":[{"field":"76ab3a88-1dcd-40fe-812e-8c609641fec1","value":"yes","type":"add","operator":"="}]},{"id":"950a1202-06f6-4656-9823-4fade2a34871","order":71,"text":"The Charity must take reasonable steps to ensure the safety of vulnerable individuals, including children, whom it engages with, or who are affected by its activities, outside Australia, and to prevent and respond appropriately to any harm to, or exploitation of, those individuals.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true,"displayConditions":[{"field":"76ab3a88-1dcd-40fe-812e-8c609641fec1","value":"yes","type":"add","operator":"="}]},{"id":"33bd726a-3ec0-4107-9648-baf9283d4008","order":72,"text":"10. DEDUCTIBLE GIFT RECIPIENT (DGR) GIFT FUND AND REVOCATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"6","sectionNum":"S10","displayConditions":[{"field":"9ede4f71-dae9-406a-8cbe-51926761a8ba","value":"yes","type":"add","operator":"="}]},{"id":"ecd0aeea-732b-4d19-948e-cb43520eb024","order":73,"text":"The Charity is endorsed, or is seeking endorsement, as a deductible gift recipient (\"DGR\") under the Income Tax Assessment Act 1997 (Cth). The Charity must maintain a gift fund for the principal purpose for which it is (or is to be) endorsed, into which all gifts of money or property made to the Charity for that purpose, and any money received because of those gifts, must be credited, and which must be used only for that principal purpose.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true,"displayConditions":[{"field":"9ede4f71-dae9-406a-8cbe-51926761a8ba","value":"yes","type":"add","operator":"="}]},{"id":"6b51e10b-a43f-4632-91ac-06e32d2babe9","order":74,"text":"If the Charity is wound up or dissolved, or if its endorsement as a deductible gift recipient is revoked (whichever occurs first), any surplus of the following assets remaining after the satisfaction of all debts and liabilities must be transferred to one or more funds, authorities or institutions that are themselves endorsed as deductible gift recipients and to which income tax deductible gifts can be made:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true,"displayConditions":[{"field":"9ede4f71-dae9-406a-8cbe-51926761a8ba","value":"yes","type":"add","operator":"="}]},{"id":"b85fc719-d873-4de1-8ec7-3c9e7028ba43","order":75,"text":"gifts of money or property made to the Charity for its principal purpose;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true,"displayConditions":[{"field":"9ede4f71-dae9-406a-8cbe-51926761a8ba","value":"yes","type":"add","operator":"="}]},{"id":"1e2fe6d9-7b0a-4c96-9c98-30f41495dabb","order":76,"text":"contributions made in relation to an eligible fundraising event held for that principal purpose; and","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"4","cflou":false,"active":true,"displayConditions":[{"field":"9ede4f71-dae9-406a-8cbe-51926761a8ba","value":"yes","type":"add","operator":"="}]},{"id":"0e381ba7-f497-4f5a-a5c0-c0ad47a5dba9","order":77,"text":"money received by the Charity because of those gifts and contributions.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true,"displayConditions":[{"field":"9ede4f71-dae9-406a-8cbe-51926761a8ba","value":"yes","type":"add","operator":"="}]},{"id":"9b619135-a2c2-46db-9d4e-0a7458bab401","order":78,"text":"This clause applies in addition to, and takes precedence over, the clause entitled \"Winding Up and Distribution of Surplus Assets\" to the extent of any inconsistency in relation to assets of the kind described above.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"16","cflou":false,"active":true,"displayConditions":[{"field":"9ede4f71-dae9-406a-8cbe-51926761a8ba","value":"yes","type":"add","operator":"="}]},{"id":"8e84ab37-9b9a-4e93-a4d5-185a9fff0205","order":79,"text":"11. GENERAL","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"6","sectionNum":"S11"},{"id":"05da440d-9f9f-4beb-921e-7daf7b295dea","order":80,"text":"These governance provisions prevail over any other provision of the Charity's governing document to the extent of any inconsistency, and must not be amended in a way that would cause the Charity to cease to be entitled to registration as a charity with the ACNC or, where applicable, to endorsement as a deductible gift recipient.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"3bb3bf8b-ddbd-493e-b67f-53ecf21d16b4","order":81,"text":"The Charity must keep written records that correctly record and explain its operations and financial position, and must retain those records for at least seven years, in accordance with the Australian Charities and Not-for-profits Commission Act 2012 (Cth). The Charity must comply with its reporting obligations to the ACNC (including lodging its Annual Information Statement), and must notify the ACNC of any change to its governing document, its name, its address for service, or its Responsible Persons within the time required.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"17d102c2-270e-435e-8f75-68db42bebf9b","order":82,"text":"No amendment to the Charity's governing document that affects a provision required for its registration as a charity, or for its endorsement as a deductible gift recipient, takes effect until the Charity has, where required, provided the amended governing document to the ACNC.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"4cdd42c1-40ba-4d88-ba1f-e76e07d11f7e","order":83,"text":"If any provision of these governance provisions is or becomes invalid or unenforceable, that provision is to be read down to the extent necessary, or, if it cannot be read down, severed, without affecting the validity or enforceability of the remaining provisions.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"dcdd48ab-99ea-4209-a029-e2eb5ded7671","order":84,"text":"These governance provisions are governed by the laws of [State or Territory] and the Commonwealth of Australia, and the Charity and its Responsible Persons submit to the jurisdiction of the courts of that place and of the Commonwealth.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"18","cflou":false,"active":true},{"id":"ff315543-4fbc-4abb-bc29-dbb850c274ea","order":85,"text":"ADOPTION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"8","cflou":false,"active":true,"marginTop":"10"},{"id":"33894152-9305-4b1d-aeb0-d7572184910f","order":86,"text":"These governance provisions were adopted by the Charity on [Date of adoption] and are effective from that date.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"b9cbf2ae-58e1-4827-a15d-199df930c824","order":87,"text":"Signed for and on behalf of the Charity by a Responsible Person authorised to do so:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"24","cflou":false,"active":true},{"id":"d48e5f3a-7139-413f-87f6-3fe5d9af4253","order":88,"text":"Name: [Name of the Responsible Person signing]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"18","cflou":false,"active":true},{"id":"8653973e-bbbb-49d7-8c16-98f859c0b757","order":89,"text":"Office held: [Office held, e.g. Director, Chair, Public Officer, Trustee]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"18","cflou":false,"active":true},{"id":"90fd6af7-2a2f-49e2-a401-69802debbae4","order":90,"text":"Signature: ______________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"86aba8ab-4aca-4865-a3e3-39ad789a8d24","order":91,"text":"Date: [Date of signature]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true}]