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Bega Valley Shire CouncilBega Valley Shire Council

Charter

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Vision

Bega Valley Shire Council (BVSC) in partnership with Social Justice Advocates of the Sapphire Coast (SJA) have established the Bega Valley Community Disaster Relief Fund (the Fund) to accept donations that assist residents who have been affected by natural disasters1 that have significant community impact.

Mission

To identify and financially assist people in the Bega Valley Shire who have suffered loss because of a natural disaster .

Purpose, role and functions

A committee has been established to oversee the operations related to the collection and distribution of funds received into the Disaster Relief Fund account. The role of the committee is to set rules and criteria for making payments from the Fund subject to the Public Fund Rules. The Committee will guide, account for and report on the distribution of these funds.

In developing the criteria for assistance, the Committee should have regard to the Public Fund Rules endorsed by the ATO. Clause 2 of the Public Fund Rules states that “the fund will distribute funds for the short-term relief of residents who are directly impacted/affected by natural disasters”

The Committee will consider how other disaster relief funds are targeted and complement but not duplicate that support by:

  1. Ensuring all distributions are made in accordance with taxation law, including the purpose of public benevolent institutions;
  2. Consideration of an appropriate balance in distribution to residents;
  3. Ensuring appropriate distribution is phased providing flexibility in meeting urgent and immediate needs; short-term needs; medium-term needs, and long-term needs;
  4. Ensure there is appropriate community involvement in decision-making where funds are used to assist communities.

The Committee may consult the Australian Taxation Office in relation to the receipt and allocation of monies from the Fund, so as to ensure that, where possible and appropriate, advice is obtained from the ATO about, so far as practicable, ensuring the appropriate tax status of types of gifts from the Fund.

Resolutions and Meetings

The Committee may conduct meetings and make decisions in the matter it sees fit. However, it will endeavour to do so by consensus.

Any disputed resolutions will be decided jointly by the Co-Chairs

Conflicts of Interest

1.1 - A committee member must disclose the nature and extent of any actual or perceived material conflict of interest in a matter that is being considered at a meeting;
(a) to the other members

1.2 - The disclosure of a conflict of interest by a member must be recorded in the minutes of the meeting.

1.3 - Each member who has a material personal interest in a matter that is being considered at a meeting must not:
(a)
be present at the meeting while the matter is being discussed, or
(b) vote on the matter

1.4 - A director may still be present and vote if:
(a) their interest arises, and the other members have the same interest
(b) they do not have a material personal interest in the matter and the committee is satisfied that the interest should not stop the member from voting or being present.

Reporting

The Committee will be required to undertake regular audit processes in line with the fund rules and legislative requirements.

Probity

An independent auditor will be appointed to undertake audit activities for the fund. The findings of these audits will be provided to the committee.

General

This Charter may, from time to time, be amended by agreement by the Committee.

The tenure of the Committee will be reviewed annually from the first meeting of the Committee.

Composition

Under clause 13 of the Public Rules, the fund will be managed by a majority of responsible persons who will have a degree of responsibility to the general community. Following an event, the management committee will identify areas of greatest need for financial assistance in helping impacted residents recover from the effects of a natural disaster. The committee members nominated and accepted are:

  • Co-Chairperson – Social Justice Advocates committee representative
  • Co-Chairperson – Bega Valley Shire Council Councillor
  • Committee member – Social Justice Advocates member / representative
  • Committee member – Social Justice Advocates representative
  • Committee member – Bega Valley Shire Council Councillor
  • Committee member – Bega Valley Shire Council representative
  • Committee Member– Independent community representative
  • Committee Member– Independent community representative

Dissolution

If the organisation is wound up or its endorsement as a deductible gift recipient is revoked (whichever occurs first), any surplus of the following assets shall be transferred to another

organisation with similar objects, which is charitable at law, to which income tax deductible gifts can be made:

  1. gifts of money or property for the principal purpose of the organisation
  2. contributions made in relation to an eligible fundraising event held for the principal purpose of the organisation
  3. money received by the organisation because of such gifts and contributions.

_________________________
1 -  A natural event will be declared by the committee

 

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