The Department of Justice has released guidelines for trustees of ancillary funds and Private Ancillary Funds (PAFs, formerly Prescribed Private Funds) wishing to distribute to government public hospitals in Victoria. The guidelines apply only to charitable trusts which are subject to Victorian law.
This follows the 2006 amendment of the Victorian Charities Act 1978. The Act was amended to enable the trustees of certain charitable trusts to provide money, property or benefits to, or for the establishment of, “eligible entities” as defined in section 7k of the Act. This gives power in some circumstances for trustees who choose to “opt in” to make distributions to deductible gift recipients which would be charities but for a connection to government.
The guidelines include preliminary questions for trustees to consider, instructions for opting in and seeking endorsement as an Income tax Exempt Fund (ITEF), and a list of public hospitals to which trustees may make distributions.
Trustees should obtain their own professional advice as to the application of the Act to their particular circumstances.
The Guidelines can be downloaded from the Department of Justice website.
Nov. 24, 2009
Sign up to our weekly e-newsletter for sector news, expert opinion and resources.