Compliance

Youthtown Inc will comply with all aspects of the Gambling Act 2003 as it applies to the Trusts Gaming operation.

Statement of Authorised Purpose

Youthtown will apply funding to the following Authorised Purpose:

• Encouragement and development of amateur youth sport and facilities in established and legally constituted sporting organisations
• Encouragement and development of youth outdoors and cultural activities or programmes (including art, music and drama) and facilities in legally constituted organisations in community
• Financial support for community based organizations that provide direct or indirect benefits to  groups of youth
• Any charitable purpose or any non-commercial purpose that is beneficial to the whole or a section of the community.

 

Examples of Non-Authorised Purposes: (Included but not limited to)

• Groups or individuals standing for an election to public office;    
• Lobby groups or action/pressure groups (e.g. Greenpeace, or Sensible Sentencing Trust);
• Social events, e.g. school balls, family reunions, entertainment in pubs or clubs, sporting trips for supporters or spectators, or after match functions for sporting
• Personal or commercial gain;
• Professional sport; or
• Non-affiliated “social” sports clubs (such as corporate leagues).
• Cash prizes or large non-cash prizes (other than medals or trophies);
• Prizes (other than Medals/Trophies)
• Gifts/Koha
• Dress Uniforms
• Food or Drinks
• Social Club Expenses
• Any Retrospective Expense/s
• Individuals
• The Horse Racing Industry
• Multi Year Grants
• Affiliation Fees, Membership or Subscriptions

Decisions by Net Proceeds Committee

All final funding decisions are made by a quorum of at least 3 members of the Youthtown Inc Net Proceeds Committee.

Grant applications found to be non-compliant will not be approved. In this context, “non-compliant” means grant applicants that do not contain all the relevant information, are retrospective, where previous accountability information has not been received, where there is a conflict of interest, where it does not comply with the authorised purpose of Youthtown Inc, or where there is information that the applicant has received funding from other source(s) for the full amount needed for the purpose applied for here.

An application for funding is considered “retrospective” if goods and services are purchased prior to consideration by the Net Proceeds Committee. If an event takes place or goods/services are purchased prior to the Committee decision, then the application will be considered non-compliant and declined.

Grant Influence – Section 113

Key Persons of a Youthtown Inc class 4 venue cannot have any input or influence in the grant process. Venue key persons are:

• The venue manager (defined as the person responsible for supervising the gambling and venue personnel at a Youthtown Inc class 4 venue and for banking the proceeds of class 4 gambling);
• The venue personnel (defined as the persons who work at a Youthtown Inc class 4 venue and whose work involves dealing with gambling equipment, gamblers, or the proceeds of gambling);
• The venue operator (defined as the occupier of a Youthtown Inc class 4 venue who owns the primary business at the venue);
• The venue operator’s directors, shareholders, chief executive and senior manager;
• Any person who has a significant interest in the management, ownership, or operation of a venue operator;
• A person contracted to service Youthtown Inc gambling equipment.

Persons who have significant interest in the management, ownership, or operation of a venue operator include:

• People with a financial or ownership interest in the business operating at the venue, or the venue premises;
• People with the power to make decisions that would normally be made by the directors, chief executive or senior management of the venue operator;
• People undertaking or being responsible for duties that are normally the responsibility of the venue manager (e.g. being responsible for the timely banking of gaming proceeds).

Venue key persons must not provide grant application forms to potential grant recipients.

Venue key persons cannot provide goods or services to third parties and be paid from grant money which is derived from Youthtown Inc. For example, a venue could not provide venue hire to a hockey club if the hockey club plans to use grant proceeds to pay for the venue hire.

Venue key persons cannot be involved in decisions about who will provide goods or services to a third party, if payment is being made from grant money which is received from Youthtown Inc. For example, if a venue key persons were also a committee member of a community organisation which received a grant from Youthtown Inc, the person could not have any input as to which painter the community organisation employs, if the painter is to be paid from grant money.

Conditions for Allocation of Funds

Funds approved will be deposited into the nominated bank account, with the following conditions applied:

• Any grant allocation must be applied to the specific purpose stated on this application and to no other purpose. Acceptance of payment will be deemed to confirm that the grant allocation has or will be applied accordingly.
• The allocation is made as a grant, a gift from Trust funds, made on the condition that no procuration fee, commission and/or discount has or will be paid to any person and that no identifiable direct benefit arises or may arise in the form of a supply of goods or services to any party involved as a result of the payment being made.
• In the event of non-compliance to these conditions, an amount equal to the allocation amount is immediately repayable by the recipient to the Trust.
• Any grant made by the Trust is exempt of Goods and Services Tax.
• The Trust requires that an acknowledgement of grant be completed and returned to the Trust, once funds have been received by the recipient organisation.
• Any uniforms or equipment purchased from grant money will need to remain the property of the organisation.

Accountability Requirements

Recipients of grant funding must return paid invoices and bank statements to Youthtown Inc within the timeframe stipulated by the Trust after the funds have been spent to complete the accountability requirement.  If these funds were not spent for the appropriate purpose, the Trust will request a refund of the full amount of the grant.  If a funding surplus exists, the surplus must be returned to Youthtown Inc by direct credit within 20 working days of the request or as otherwise agreed with Youthtown Inc.  

Grant recipients must use approved funds for the specific authorised purpose for which it was granted, and in accordance with any conditions consistent with the Gambling Act.  Failure to account for funds spent against the specific authorised purpose will result in the Trust requesting a refund.

The Trustees will not generally make a grant to any organisation who has previously received a grant, but has not spent these funds, or returned the relevant accountability documentation or refund to Youthtown Inc.

Youthtown Inc may at any time request further accountability documentation to ensure funds have been spent appropriately. 

Where information is obtained by the Net Proceeds Committee indicating that a grant recipient has received funding from other source(s) for the full amount needed for the purpose applied for here, the Net Proceeds Committee will take reasonable steps to obtain a return of the money from the grant recipient. 

If a refund is requested, the grant recipient must return this money to Youthtown Inc by direct credit within 20 working days of the request or as otherwise agreed by Youthtown Inc.

Audit and Inspection Requirements

Youthtown Inc records will be inspected and audited by the Department of Internal Affairs. Youthtown Inc is required to render details of all donations to the Department of Internal Affairs. This grant application is made with the understanding that if any Department of Internal Affairs officer so requests, the applicant organisation shall agree to and participate in (at its own expense) any such inspection and/or audit. Youthtown Inc may also request information and verification as to how the funds were used.