Governance

Policies and procedures

Policy No.
UP13/13
Function
Community Relations
Authoring Organisational Unit
pre-renewal - Development and Alumni Relations (full function)
Date Approved
02/12/2013
Next Review Date
01/12/2016
Approving Body
Senate

The University of Western Australia

University Policy on: Charitable Gift Acceptance

Purpose of the policy and summary of issues it addresses:

The University of Western Australia has been endorsed by the Australian Tax Office as a Deductible Gift Recipient and accepts gifts from organisations, individuals and from the estates of deceased persons in accordance with the objects and purposes of the University.

The purpose of the Charitable Gift Acceptance Policy is to ensure that the University accepts gifts based on informed decisions, that such gifts are receipted in accordance with the Australian Tax Office (ATO) regulations and guidelines, that the purpose of any donations solicited and received is adequately documented and appropriately approved and that donations are properly managed and/or disbursed as per the conditions upon which they were accepted.

Definitions:

In this policy and any associated procedures or documents,

the University is The University of Western Australia

ATO means Australian Tax Office http://www.ato.gov.au

Bequest means a gift of a monetary sum or property derived from the estate of a deceased individual through a will given into the permanent possession of the University

DGR means Deductible Gift Recipient

Gift / Donation refers broadly to any cash or in-kind gift, or pledge to make a gift, that is given with philanthropic intent

Gift-in-kind means a donation in any form other than cash or cheque and normally requires a third-party valuation for tax purposes

Philanthropic intent means all giving which does not confer full or partial ownership of a deliverable on the donor in return for the funding i.e. there must be no material benefit to the donor.

Policy statement:

1 Gift Purpose

1.1 The acceptance of any gift to the University must be in harmony with the academic and strategic objectives of the University.

1.2 Subject to the principle in 1.1, the wishes and intentions of the donor provide guidance in determining the purpose for which the gift will be used.

1.3 Ownership of all gifts vests in the University, whether they are for the benefit of the University generally or for some specific purpose in it.

1.4 Before accepting a philanthropic gift, the University will consider any additional University funding or commitment required to maintain, administer or comply with the conditions and intended use of such gift.

1.5 The University has the right to refuse any philanthropic gift.

2 Gift Acceptance

2.1 The University may accept gifts of cash, personal and real property, trading stock and shares.

2.2 If a gift is in the form of non-cash then the University retains the right to convert the gift to cash at its own discretion.

2.3 The Vice-Chancellor must be consulted before accepting any gift which:

  • exposes the University to an uncertain and potentially significant liability;
  • is precedent-setting or involves sensitive issues.

2.4 Gifts accepted by the University are administered by the Development and Alumni Relations office to ensure compliance with Australian Tax Office gift fund requirements.

2.5 All major gifts (generally gifts of $25,000 or more) accepted by the University will be administered via a Gift Agreement, signed by both the delegated University authority and the donor(s).

2.6 All gifts accepted by the University will be recorded on the University's central donor database and within the University finance system.

2.7 All gifts will be receipted and formally acknowledged by the Development and Alumni Relations office where sufficient information has been provided to do so.

3 Gifts in Kind

3.1 Before a gift-in-kind is accepted by the University, consideration will be given to whether the acceptance of the gift would prove administratively difficult or not in the University's best interest.

3.2 The valuation and receipting of gifts-in-kind is subject to the rules and regulations set forth by the Australian Tax Office and the policies of the University.

3.3 The value of gifts referred to in 3.2 will be determined in consultation with the Development and Alumni Relations office.

3.4 A gift-in-kind can either be retained as a University asset and used in connection with University activities, with discretion as to its use and management, or disposed of for cash or cash equivalent.

3.5 The decision to accept any donation of art or other cultural objects is governed by the University of Western Australian Art Acquisition Policy which is administered by UWA Museums.

3.6 The University Librarian and other members of the University as appropriate will approve donations to the University's Library collections in accordance with the Information Services Collection Management Principles and Policies.

4 Bequests

4.1 The expressed wishes and intentions of the bequestor, as outlined in the will, are paramount in determining the purpose for which the gift will be used.

4.2 Where the University is unable to honour the intentions of the will, all appropriate legal measures will be taken to determine a purpose for the gift that most closely aligns to the bequestor's intentions.

4.3 Liaison with the executors of the estate and the deceased person's family members is primarily the responsibility of the Development and Alumni Relations office.

4.4 Other University departments, staff or faculty members may, however, participate as appropriate.

5 Gift Anonymity

5.1 The University will, at the request of donors, maintain anonymity and advise donors of any disclosures that will apply.

6 Exclusions

6.1 The University will not accept gifts if for any reason such acceptance would compromise its integrity, reputation, autonomy or academic freedom, or where such acceptance would be inconsistent with the University's mission and policies.

Related forms: (Link)

TRIM File No:

F55840

Contact position:

Director, Office of Development

Related Policies or legislation:

The University of Western Australia Art Acquisition Policy

Bequests Policy

Information Services Collection Management Principles and Policies