Millions of dollars raised by Celeste Barber's bushfire campaign cannot be distributed to other charities or states but can be given to injured firefighters, a judge has ruled.
Key points:
- Charities like the Red Cross and Wires are not eligible to receive any of the $51 million
- Celeste Barber's fundraiser explicitly stated it was intended for the Trustee for the RFS
- The court ruled the money can be shared with the families of fallen firefighters
The comedian nominated the NSW Rural Fire Service (RFS) and Brigades Donation Fund for the $51.3 million raised through her record-breaking Facebook fundraiser in January.
But the deed governing that trust only allows money to be spent on purchasing and maintaining equipment, training and administrative costs.
"Some donors may have intended or hoped that the money they donated would be used for purposes beyond those which the court has advised are permissible," NSW Supreme Court Justice Michael Slattery said.
"Despite the trustees' wish to honour those intentions or hopes the law provides principles that ensure a degree of certainty in the application of trust funds including charitable trust funds."
Justice Slattery ruled the money could be given to the families of fallen firefighters and used for trauma counselling.
But the court's decision excluded causes which many donors expected their money to go towards, including the Australian Red Cross and animal welfare group WIRES.
NSW RFS Commissioner Rob Rogers said there was no doubt the RFS would be able to put the money to good use.
"The important thing is for the people that donated money to the RFS, they can be assured we're going to spend that just on making sure volunteers are better equipped and able to do their job better," he told ABC Radio Sydney.
He welcomed the ruling that money could be used for injured and fallen volunteers.
"We want to make sure that the funds that have come in, that they have longevity and we can make sure we can look after firefighters and their families many years into the future.
Mr Rogers also said there was "no animosity" between the RFS and Barber's team, which he was in contact with regularly.
Justice Slattery described Barber as a "public-spirited NSW citizen" whose campaign was "a spectacular success".
Barber launched the record-breaking appeal on Facebook in January after members of her family were affected by bushfires at Eden, on the NSW south coast.
Her Facebook fundraising page clearly stated the money was intended for the Trustee for the RFS and Brigades Donation Fund.
But as the tally grew, she expressed frustration that raising a large amount of money also attracted "a f***-tonne of people telling you what you should do with it".
Her initial goal was to raise $30,000.
Earlier this year the RFS said it wanted to share the money.
"We take the issue of public donations very seriously — and know everyone wants to see the funds distributed quickly and to the right places," a spokesperson said.
The spokesperson said the RFS had received significant donations from other campaigns and had already set up a $10 million fund "for volunteer brigades to tap into for firefighting equipment, resources and training".
WIRES CEO Leanne Taylor said the fundraiser had achieved an amazing result regardless of the legal outcome.
"Celeste brought local and global awareness of the people, the environment and the animals that were so badly affected by these devastating fires and she deserves our congratulations and appreciation," she said.
Last week barrister Jeremy Giles SC, acting for the RFS trustee, told the court his client was "enormously grateful" for the generosity.
He said it wished to honour the intention and beliefs of Barber and the donors, but Justice Slattery said it was a question of how much that was possible.
Justice Slattery foreshadowed his decision by describing the interpretation of the trust deed by both parties as "an intuitively correct analysis".
The Australian Charities and Not-for-profits Commission said the case showed donors to a charitable trust should be aware of the trust law governing how money can be spent.
Commissioner Gary Johns said whether donors' money would be returned at their request would be up to the trustee's discretion.
But Barber's campaign wasn't the only bushfire fundraiser, he added.
"Remember that hundreds of millions of dollars flowed to hundreds of charities and between all of them I think people affected by the bushfires will be looked after as far as they can be," Dr Johns said.
"This is just one trust and it reminds us that you have to have a look at the trust document before you give to a charity."
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2020-05-25 06:16:34Z
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