LUNCHBOX RALLY 2024 TERMS AND CONDITIONS

SCROLL DOWN TO VIEW CHILDREN BEING INVOLVED IN CHARITY FUNDRAISING

Definitions

Cancer Council means Cancer Council NSW ABN 51 116 463 846.

Lunchbox Rally means the car rally commencing on 27th of September 2024 and ending on 1st of October 2024 as generally described in these Terms and Conditions.

Lunchbox Rally Assistants means all persons engaged (whether voluntarily or otherwise) or employed by the Lunchbox Rally Organisers in the planning, organisation and/or conduct of the Lunchbox Rally, including but not limited to Lauren Karas, Penelope Gordon, Kimberly Young, Katherine Ferris and Michael Ryan.

Lunchbox Rally Director means James Freeman or as otherwise advised.

Lunchbox Rally Organisers means Box Rallies Pty Ltd (ACN 603 209 409) and the Lunchbox Rally Director.

Participant means a participant in the Lunchbox Rally.

Production Crew means photographers and videographers contracted to Box Rallies.

Rally Car means a car provided by the team that must be 2wd only. 4-wheel drive (4×4), all-wheel drive (AWD), buses or vintage/veteran cars are not permitted. Cars must be able to travel at 100 kms per hour, where legal and responsible to do so.

Sponsors means all sponsors of the Lunchbox Rally and sponsors of Teams participating in the Lunchbox Rally.

Team means a team of a maximum of two Participants, being a parent and child or stepchild all of whom must be members of one family.

Introduction
1. Information on how to enter the Lunchbox Rally available at http://www.lunchboxrally.com.au forms part of these Terms and Conditions. Entry into the Lunchbox Rally by a Participant is deemed to be an acceptance of these Terms and Conditions. Should a Participant not comply with any of these Terms and Conditions, they may be prohibited from participating in the Lunchbox Rally or any future Lunchbox Rally or other Rally.

2. The Lunchbox Rally is not a race or a competition. Participants must not compete in any manner with other Participants. Participants must not place any bets in relation to the Lunchbox Rally. Participants must drive lawfully, safely and with proper courtesy to all other Participants and members of the public.

3. Subject to amendment in accordance with these Terms and Conditions, the Lunchbox Rally commences 27th of September 2024 and ends 1st of October 2014 (Rally Period).

4. Participants, other than children or step children [who must be between 7 to 15 years of age at the commencement of the rally], must be over 18 years of age on date of commencement of the rally and hold a current Australian driver’s license in order to participate in the Lunchbox Rally.

Entry
5. To enter the Lunchbox Rally (Entry) each Team must:

(a) pay a Registration Fee of $485 (incl GST) per Team (payable upon acceptance of Entry) (Registration Fee); and

(b) raise a minimum of $3,000,00. $1,000 of which must be raised at least 3 months before the start of the Lunchbox Rally, $2,000 of which must be raised at least 2 months before the start of the Lunchbox Rally and $3,000 at least 1 month before the start of the Lunchbox Rally. Teams may continue to fundraise until the end of the Lunchbox Rally, and may also raise funds above the minimum $3,000 amount. (Fundraising Amount);

(c) have the minimum Fundraising Amount in their fundraising account before close of business two days prior to the departure date.

6. Each team must consist of two people only (each a “Participant”) per car.

7. Acceptance of Entries in the Lunchbox Rally is at the absolute discretion of the Lunchbox Rally Organisers.

8. Prior to the start of the Rally Period, each Participant must also provide the Lunchbox Rally Organisers with reasonable proof that they have obtained and shall maintain during the Rally Period appropriate insurance covering their participation in Lunchbox Rally. Appropriate insurance includes, without limitation, comprehensive motor vehicle insurance or, at a minimum, third party property damage only insurance and compulsory third-party bodily injury insurance. Participants should talk to their broker concerning comprehensive and third-party property insurance (in case Participants damage someone else’s vehicle or property with their vehicle) and travel or health insurance that includes ambulance cover. The Lunchbox Rally Organisers reserve the right to decline to allow any Participant who has not obtained appropriate insurance cover to participate in the Lunchbox Rally, in the Lunchbox Rally Organisers’ absolute discretion, whether before or after Entry by that Participant’s team.

9. No refunds of the Registration Fee, Fundraising Amount or the catering and camping costs will be given under any circumstances (including, without limitation: if at any point after a Team or a Participant has entered the Lunchbox Rally, the Team or a Participant of that Team is unable to participate in any stage of the Lunchbox Rally for any reason; if the Team or a Participant of that Team is unable to stay at any of the locations [as organised by the Lunchbox Rally Organisers] during the course of the Lunchbox Rally; or if a Participant is removed from participation in the Lunchbox Rally because he or she has not obtained appropriate insurance (in accordance with clause 6 of these Terms and Conditions). Registration Fees and Fundraising Amounts are non-transferrable.

10. Each participant agrees that the total Fundraising Amount goes to the Cancer Council. On completion of the rally a maximum of 20% of the total fundraising amount raised by all teams participating in the Lunchbox Rally (the Event Management Fee) will be paid by Cancer Council to Box Rallies Pty Limited to be used by the Lunchbox Rally Organisers for costs associated with organising the Lunchbox Rally.

11. Payment of Registration Fees or any part of the Fundraising Amounts may be made via EFTPOS transfer or cheque. Payment details for Registration Fees and any part of the Fundraising Amount will be provided to each Participant following acceptance of their Entry.

Cars
12. The Team must participate in the Shitbox Rally using the car(s) described when entering the Shitbox Rally. 4-wheel drive (4×4), all-wheel drive (AWD) and buses are not permitted. The maximum wheelbase of the car is 3020mm and the maximum Kerb Weight is 1,800kgs.

13. Each Team agrees to have official stickers attached to the bonnet and two front doors of their Rally Car during the course of the Lunchbox Rally. Teams may not deface, cover-up or otherwise obscure these stickers and shall endeavour to keep them clean and visible at all times. The Lunchbox Rally Organisers will not be responsible for claims for damage to the exterior of any Rally Car as a result of the application or removal of such stickers. Apart for the requirements set out in this clause 12, teams may otherwise decorate their vehicles as they wish.

Rally

14. Each team may spend up to a maximum of $1,500 per car purchasing the car and preparing the car for the Lunchbox Rally (Car Budget). The Car Budget includes any costs in relation to roadworthiness (other than insurance and registration). If a wreck is purchased any costs for modifications and / or improvements are included in the Car Budget. If a team’s Participants complete work on the car themselves, associated labour costs are not included in the Car Budget i.e. a Participant cannot pay themselves. Any work on a car which is completed by a mechanic is included in the Car Budget. Costs associated with purchasing safety items deemed as tyres and seatbelts are not included in the Car Budget. If a team exceeds the Car Budget for any car, clause 17 below will apply.

15. Teams may use cars which have been donated to them provided that the value of the car and any costs associated with preparing the car for the Lunchbox Rally are within the Car Budget. If a team receives parts for their car which have been donated to them, the value of these parts will be included in that team’s Car Budget.

16. If a Participant in a team already owns a suitable vehicle and wants to use it in the rally the Participant will need to demonstrate to the Lunchbox Rally Organisers that the car’s value and any costs associated with preparing the car for the Lunchbox Rally have not exceeded the Car Budget. The rules are very simple. $1,500 value for each car and any associated improvements.

17. Participants must comply with all applicable laws and regulations of each State and Territory through which they travel during the Lunchbox Rally, including without limitation, all speed regulations, laws of the road, laws relating to the safety of Rally Cars used and laws relating to the possession or use of alcohol, drugs or other prohibited substances.

18. Participants must not during the course of the Lunchbox Rally drive under the influence of alcohol or any other intoxicating substance.

19. Box Rallies does not tolerate discrimination, bullying, harassment or any other form of unacceptable or unlawful conduct. Each Participant must comply with all policies and procedures of Box Rallies relating to appropriate standards of conduct and behaviour.

20. Box Rallies does not mandate vaccinations for participants. However, there may be, from time to time, government restrictions in place at some of the various locations to which we travel on the rally. You should also note that Box Rallies does not control public nor private venues proposed as part of the rally. Owners and operators of them may have their own requirements with which rally participants must comply. This includes public health orders which restrict access to locations, particularly for unvaccinated or not fully vaccinated people. If you are unvaccinated and as a result are, by reason of government or public/private venues direction, regulation or requirement, unable to travel through the designated rally route or to the designated rally locations at which the rally stays overnight, you will have no option other than to withdraw from the rally and clause 9 will take effect. Box Rallies accepts no responsibility or liability for same.

21. The Lunchbox Rally Director may vary the route of the Lunchbox Rally at any time (which may lead to Participants incurring additional catering costs), if the Lunchbox Rally is not capable of running as planned by reason of bad weather or other cause beyond the control of the Lunchbox Rally Organisers.

22. Participants must not drive in the Lunchbox Rally if their ability to do so safely and properly is in any way compromised by illness, lack of adequate rest, or any other condition.

23. Each Participant is responsible for all costs and expenses associated with participating in the Lunchbox Rally including but not limited to costs or expenses associated with accommodation, food, repairs to the Rally Car used by their Team, transport, personal expenses, fuel expenses, and any fines which may be incurred by the Participant while participating in the Lunchbox Rally. Participants acknowledge that the Lunchbox Rally Director will coordinate catering in advance based on the planned route of the rally, and catering costs (approximately $180 per team per day for breakfast, lunch and dinner, unless otherwise notified in writing by the Lunchbox Rally Director) are payable in advance of commencement of the Lunchbox Rally. Participants must also ensure that at least one member of their team is present for all daily briefings and any other briefings held during the Rally Period.

24. Participants are responsible for ensuring that they are present for the commencement of the Lunchbox Rally as directed by the Lunchbox Rally Organisers.

25. Participants may not bring any animal (including dogs) with them on the Lunchbox Rally. Should a Participant bring any animal to the Lunchbox Rally , they will lose their place in the Lunchbox Rally , and that Participant will be barred from participating in any future Lunchbox Rally or other rally organized by Box Rallies Pty Ltd (ACN 603 209 409) and the Lunchbox Rally Director.

Acknowledgement, Release and Indemnity

26. Each Participant acknowledges and agrees that:

(a) participation in the Lunchbox Rally is potentially dangerous and there are risks and dangers associated with participation in it. These risks and dangers include, but are not limited to: the nature of the Rally Cars used in the Lunchbox Rally; traffic accidents; collisions with wildlife, pedestrians, vehicles, other drivers and / or fixed or moving objects; state of repair of vehicles, and the negligence of other drivers. Risks may also arise from a number of features of the Lunchbox Rally, including the nature of the activities undertaken as part of, or associated with, the Lunchbox Rally, the roads travelled upon, the distances to be driven, the remote locations covered by the Lunchbox Rally, the nature of makeshift repairs and the nature of accommodation used during the course of the Lunchbox Rally. Furthermore, participation in the Lunchbox Rally may result in strenuous physical exertion, serious bodily injury, and / or death to Participants or to others;

(b) they have considered and accepted the risks and dangers associated with participating in the Lunchbox Rally (including, without limitation, those set out above), are participating freely in it, and have not relied on any representation, advice, statement or information of any kind provided by or on behalf of the Lunchbox Rally Organisers, the Lunchbox Rally Assistants, the Cancer Council or the Sponsors;

(c) during the course of the Lunchbox Rally , they are responsible for the Rally Car they drive in the Lunchbox Rally , including any damage to the Rally Car or damage caused by the Rally Car to any property or person;

(d) they will not intentionally or recklessly cause or contribute to any damage to any Rally Car used in the Lunchbox Rally (including, for the avoidance of doubt, any Rally Car driven by them or in which they are a passenger);

(e) they are responsible for any claims, demands, causes of action, prosecutions or proceedings made or brought against them arising from any acts, events, occurrences or omissions during the Lunchbox Rally ; and to the fullest extent permitted by law, they release the Lunchbox Rally Organisers, the Lunchbox Rally Assistants and volunteers, the Cancer Council and the Sponsors, from any claim (including any right to seek contribution or indemnity), which they may otherwise have in respect of any such claims, demands, causes of action, prosecutions or proceedings; and

(f) the Participant driver, not Lunchbox Rally Organisers, is totally responsible for any child or stepchild accompanying the Participant driver and acknowledges and consents to that child’s participation in the Lunchbox Rally. This includes obtaining the written consent of any child/ or step child where required by local law and complying with laws to do with children being involved in charity fundraising as summarized on the Lunchbox Rally Website https://www.lunchboxrally.com.au/terms-conditions/

27. To the fullest extent permitted by law, each Participant agrees to indemnify and keep indemnified the Lunchbox Rally Organisers, the Lunchbox Rally Assistants, the Cancer Council and the Sponsors from and against any loss, cost, expense, liability or damage suffered or incurred by any of any child accompanying the Participant driver in the Lunch Box Rally the Lunchbox Rally Organisers, the Lunchbox Rally Assistants, volunteers the Cancer Council, the Sponsors, other Participants or any other person:

(a) in respect of any claim, demand, cause of action, prosecution or proceeding arising directly or indirectly from any act, event, occurrence or omission of that Participant occurring during or in any way in connection with the Lunchbox Rally ; or

(b) as a result of any damage, injury or death to, or caused or contributed to by, the Participant or any child accompanying the Participant during the Lunchbox Rally.

28. To the fullest extent permitted by law, none of the Lunchbox Rally Organisers, the Lunchbox Rally Assistants including but not limited to the following persons Lauren Karas, Penelope Gordon, Kimberly Young, Katherine Ferris, Michael Ryan, the Cancer Council or the Sponsors will be liable for:

(a) any loss or damage whatsoever suffered or incurred by a Participant or any child accompanying the Participant driver resulting from or incidental to participation in the Lunchbox Rally, whether direct, indirect or consequential, and including (without limitation) loss of income, loss of profits, loss of bargain, and medical, legal, travel, insurance or mechanical costs or expenses, or

(b) any personal injury or death suffered or sustained by a Participant or any child accompanying the Participant participating in the Lunchbox Rally, howsoever arising (including but not limited to by reason of any of the Lunchbox Rally Organisers’, the Lunchbox Rally Assistants’, the Cancer Council’s or the Sponsors’ negligence, breach of contract, or breach of statutory or other legal duty) except for any liability which cannot be excluded by law, and each Participant releases the Lunchbox Rally Organisers, the Lunchbox Rally Assistants, the Cancer Council and the Sponsors from any such liability.

29. It is a pre-requisite to Entry that each Participant must sign:

(a) the 2024 Lunchbox Rally Deed Poll of Acknowledgement, Release and Indemnity by Participant (which reasonably reflects the acknowledgments, releases and indemnities set out in above paragraphs);

Miscellaneous
30. If a team pulls out of the Lunchbox Rally before or during the Rally Period; is removed from the Lunchbox Rally; breaks down and cannot continue; or generally goes AWOL; the Lunchbox Rally Organisers will retain the entire Fundraising Amount (see clause 10 above).

31. The Lunchbox Rally Organisers reserve the right to modify these Terms and Conditions in their absolute discretion. The Lunchbox Rally Organisers will endeavour to notify Participants of any modified Terms and Conditions as soon as is practicable. Participants shall be deemed to have accepted any modified Terms and Conditions by participating in the Lunchbox Rally.

32. If any act or omission, event or circumstance occurs which is beyond the reasonable control of the Lunchbox Rally Organisers and which prevents the Lunchbox Rally Organisers from complying with these Terms and Conditions, the Lunchbox Rally Organisers will not be liable for any failure to perform or delay in performing their obligations and the Lunchbox Rally Organisers reserve the right (subject to any applicable law) to at any time cancel, terminate, modify or suspend the Lunchbox Rally .

33. The Event will only be cancelled or have dates changed for safety concerns or otherwise as a result of something beyond the Event Organiser’s reasonable control including and without limitation strong winds, heavy rain, flash flooding, epidemic disease, excessive atmospheric pollution, lightning and accidents, Governmental requirements such as Health Directives, risk of terrorist attack or any other Act of God. The Event Organiser at its discretion may refund registration fees or transfer them to a later Rally organised by the Event Organiser. Subject thereto, any payment transaction fees, donations or sponsorship relating to the Event is non-refundable. Participants acknowledge that they will have no claim against the Event Organiser for any loss or damage suffered by anyone or anything as a result of such cancellation. All registration and any associated transaction fees are not considered a donation to the Cancer Council. Please seek independent advice on your tax arrangements.

34. Each Participant authorizes the Lunchbox Rally Organisers, the Lunchbox Rally Assistants, the Cancer Council, Box Rallies official PR team and the Production Crew to:

(a) use the name, voice, image, likeness, acts and statements of the Participant including any child accompanying the Participant (but in respect of any child limited to photos of the child with its parent or in group shots) in any media, before, during or after Lunchbox Rally for advertising, public relations and publicity purposes in perpetuity without compensation; and

(b) reproduce, sell, copyright, exhibit, broadcast and / or distribute any footage described in clause 29.1 in any media.

35. Any photography, sound recordings or video footage created by Participants during the Lunchbox Rally may only be used by the Participants for personal purposes. Participants may not reproduce, sell, copyright, exhibit, broadcast and / or distribute any of their own photography, sound recordings or video footage for commercial purposes.

36. The Lunchbox Rally Organisers require each Participant’s personal information (including that of any child accompanying the Participant) in order to conduct the Lunchbox Rally. If a Participant does not provide the mandatory personal information requested, then the Participant will not be able to participate in the Lunchbox Rally. By participating in the Lunchbox Rally, each Participant is taken to consent to the Lunchbox Rally Organisers using the Participant’s personal information to administer the Lunchbox Rally and disclosing the Participant’s personal information to organisations that assist the Lunchbox Rally Organisers with administering the Lunchbox Rally, and to third parties as required by law. The Lunchbox Rally Organisers are bound by the National Privacy Principles in the Privacy Act 1988 (Cth) and by participating in the Lunchbox Rally , each Participant is taken to consent to the Lunchbox Rally Organisers’ privacy policy (Privacy Policy) which is available at: https://www.lunchboxrally.com.au/privacy-policy/. By participating in the Lunchbox Rally, each Participant also consents to the Lunchbox Rally Organisers using their personal information for future marketing purposes, unless otherwise advised by the Participant. A Participant may access and correct any personal information held by the Lunchbox Rally Organisers, upon request to the Lunchbox Rally Organisers.

37. For further information in relation to the Lunchbox Rally, please see the Lunchbox Rally website: http://www.lunchboxrally.com.au/

38. The Lunchbox Rally Director’s decisions are final.

39. On confirmation of Entry, each Participant will be given a copy of the Lunchbox Rally Team Manuals (Rally Manuals) and additional information about the Lunchbox Rally. The Rally Manuals contains important information about the Lunchbox Rally including in relation to fundraising, your Rally Car requirements for Lunchbox Rally, insurance, registration and what to pack. The Rally Manual also has important information about the Lunchbox Rally layout, tips for Participants while taking part in the Lunchbox Rally, overnight stopovers and post Lunchbox Rally procedures. The Rally Manual contains information which is essential to Participants’ safety. Each Participant agrees that they are responsible for reading and understanding the Rally Manuals.

40. No provision of these Terms and Conditions, the 2024 Lunchbox Rally Deed Poll of Acknowledgement, Release and Indemnity by Participant, or the Privacy Policy, may be construed to the disadvantage of the Lunchbox Rally Organisers, the Lunchbox Rally Assistants, the Cancer Council or the Sponsors merely because the Lunchbox Rally Organisers were responsible for the preparation of them.

41. In the event of any inconsistency between any of the provisions in these Lunchbox Rally participant terms and any other material on any other page of the Lunchbox Rally Website, the provisions of these Lunchbox Rally terms prevail unless and until the Event Organiser otherwise directs in writing or by post to the Lunchbox Rally Website

42. The contract between each Participant and the Lunchbox Rally Organisers (including these Terms and Conditions), and the 2024 Lunchbox Rally Deed Poll of Acknowledgement, Release and Indemnity by Participant, are each governed by the law in force in New South Wales, Australia.

CHILDREN BEING INVOLVED IN CHARITY FUNDRAISING

Table 1: Combined national requirements for under 18-year-old participation in fundraising activities

Consent

Any children below the age of 16 years will require the written consent of a parent or guardian to be able to participate. Where a child is 12 years of age or older, there must be, in addition to the written consent of a parent or guardian, written consent given by that child to be able to participate.

Participation

No child younger than 8 years of age is entitled to participate.
Children below the age of 15 must be capable of contacting their parents during the event.
Children below the age of 15 must work with one other child participant.

Hours of participation

A child who is aged 15 to 17 inclusive must not be required or permitted to participate in a fundraising event for more than 7 hours (including any rest breaks) on any one day and must not be required or permitted to participate in a fundraising event for more than 3 hours without a 30-minute rest break.
A child under the age of 15 must not be required or permitted to participate in a fundraising event for more than four hours on a school day or for more than six hours on any other day.
A child under the age of 12 must not be required or permitted to participate in a fundraising event for more than 3 hours (including any rest breaks) on any one day.
A child under the age of 15 must not be required or permitted to participate in a fundraising event for more than 5 days a week.
A child under the age of 15 must not be required or permitted to participate in a fundraising event before 6am or sunrise (whichever is later) or after 7pm or sunset (whichever is earlier).
A child under the age of 15 must not be required or permitted to participate in a fundraising event after 8:30pm if the following day is a school day.
If a child of any age participates in any of the relevant maximum periods described in paragraphs 8 – 10 inclusive, they must receive a minimum break of 12 hours before participating any further.

Supervision

Supervisors must be adults (over the age of 18 years).
There must be a minimum ratio of one supervisor to six children when those children are under the age of 15.
Where a child is older than 12 years of age, the supervisor must be in close proximity to the child, know the whereabouts of the child and make contact every 30 minutes.
Where the child is 12 years of age or younger, the supervisor must be in constant contact.
Children below the age of 15 must not enter a private dwelling when engaged in door-to-door fundraising, nor should they solicit or receive money or benefit from a person in a motor vehicle.

Well-being

Authority holders* must take all reasonable steps to ensure that children under the age of 15 always have access to drinking water and receive appropriate and sufficient nutritious food which is available at reasonable hours;
Authority holders must take all reasonable steps to ensure that children under the age of 15 have access to toilets, hand-washing and hand-drying facilities.
Authority holders must take all reasonable steps to ensure that children under the age of 15 are accompanied by their parent or by an adult authorised by their parent when travelling home. This requirement does not apply if:
- the child is over 12 years of age;
- the distance from home is less than 10 kilometres;
- public transport is available; and
- the journey is being completed during daylight hours.

Authority holders must take all reasonable steps to ensure that children under the age of 15 are adequately clothed and protected from extremes of climate or temperature (e.g. sun protection).
Authority holders must take all reasonable steps to ensure that children under the age of 15 are not punished, socially isolated, immobilized or subjected to any behaviour likely to humiliate or frighten them.

*Authority holder is the individual or organisation holding an authorisation to fundraise.

Insurance

Appropriate insurance, including public liability insurance must be secured for child participants below the age of 15 years old. This includes adequate insurance to protect the interests of the child against any claim which could be brought against them (e.g. for property damage).

Underage policy

Where children under the age of 15 are participating in fundraising activities there must be a written underage fundraising policy that addresses the fundraising activities of children under the age of 15.

Table 2: State and Territory requirements for under 18-year-old participation in fundraising activities

NSW – Charitable Fundraising Guidelines

3.2.3 Participation of children

A child is defined as a person under the age of 15 years.

A child who participates in fundraising appeal:

cannot be under eight years of age;
may only receive a benefit, such as wages, commissions and/or other material benefits, if over the age of 13;
must have parental consent to participate in the appeal and be able to contact his or her parents during an appeal;
must be adequately supervised (having regard to age, sex and maturity of child), which includes:
at least one supervisor per six child participants;
where the child is 11 years or older, supervisors must be in close proximity to the child participant, know the whereabouts of the child and make contact every 30 minutes
where the child is under 11 years of age, their supervisor must be in constant contact;
must work with at least one other child participant; and
must not enter a private dwelling when engaged in door-to-door fundraising.

Compliance with requirements regarding child participants is the responsibility of the authority holder. An authority holder must take all reasonable steps to ensure any child participant also complies with these requirements.

Well-being

Authority holders must:

take all reasonable steps to ensure children always have access to drinking water and receive appropriate and sufficient nutritious food which is available at reasonable hours;
ensure toilet, hand-washing and hand-drying facilities are accessible;
ensure children are accompanied by their parent or by an adult authorised by their parent when travelling home after they participate in the appeal. This requirement does not apply where the child is over 12, the distance home is less than 10 kilometres, public transport is available, and the journey is being completed within daylight hours;
ensure children are adequately clothed and protected from extremes of climate or temperature (e.g. sun protection); and
not punish, socially isolate, immobilise or subject children to any behaviour likely to humiliate or frighten them.

Insurance

Appropriate insurance, including public liability insurance, must be secured for a child participant. This includes adequate insurance to protect the interests of the child against any claim which could be brought against them; for example, for property damage.

Hours of participation

A child must not be required or permitted to participate in a fundraising appeal:

for more than four hours on a school day;
for more than six hours on days other than school days;
for more than five days per week;
before sunrise or after sunset where the appeal is conducted outdoors; and
after 8.30pm if the following day is a school day. After participating for any maximum period provided above, a child must receive a minimum break of 12 hours before participating further. Any weight that a child lifts must be reasonable, considering their age and condition.

NOTE: There are also guidelines concerning children receiving wage, benefit or commission but we assume not relevant to this event

QLD – Collections Regulation 2008 (Qld)

Schedule 1 – s5

A child under 15 must not act as a collector without the previous written consent of 1 of the child’s parents or guardians and, if the consent is given, the child must be accompanied by an adult.

VIC – Does not appear to be any specific regulations regarding under 18-year-old participation

Fundraiser responsibilities – Consumer Affairs Victoria

ACT – Charitable Collections Regulation 2003 (ACT)

Schedule 1

1.1 – Consent to take part in collections

(1) A child who is under 12 years old must not take part in a collection unless a person with parental responsibility for the child has given written consent to the child taking part in the collection.

(2) A child who is at least 12 years old must not take part in a collection unless—

(a) the child has given his or her written consent to taking part in the collection; and

(b) a person with parental responsibility for the child has given written consent to the child taking part in the collection.

1.2 – Supervision of children under 6 years old

A child under 6 years old who is taking part in a collection must be directly supervised by a person with parental responsibility for the child.

1.3 – Supervision of children 6 years or older

(1) This section applies in relation to a child who is 6 years old or older who is taking part in a collection.

(2) The child must be adequately supervised having regard to the age, sex and maturity of the child.

(3) The person supervising the child (the supervisor) must be an adult.

(4) The supervisor must—

(a) supervise no more than 6 children; and

(b) ensure that each child is accompanied by another child who is at least 6 years old or by an adult; and

(d) know the whereabouts of each child; and

(e) take all reasonable steps to ensure that each child does not—

(i) enter a private dwelling; or

(ii) solicit or receive money or a benefit from a person in a motor vehicle; and

(f) make contact with each child at intervals of not longer than 30 minutes. (5) Subsection (4) does not apply if a child is accompanied by an adult while taking part in the collection.

1.4 – Contact by person with parental responsibility

A collection must be carried out in such a way as to give a person with parental responsibility for a child taking part in the collection a reasonable opportunity to contact the child.

1.5 – Hours of participation

(1) A child must not take part in a collection— (a) before 6 am or sunrise (whichever is later); and (b) after 7 pm or sunset (whichever is earlier). (2) This section does not apply if a child is accompanied by an adult while taking part in the collection.

1.6 – Maximum Periods

(1) A child under 12 years old must not take part in a collection for more than 3 hours (including any rest breaks) on any 1 day.

(2) A child who is at least 12 years old—

(a) must not take part in a collection for more than 7 hours (including any rest breaks) on any 1 day; and

(b) must not take part in a collection for more than 3 hours without a rest break of at least 30 minutes.

NOTE – s7 defines collection as follows:

(1) For this Act, a collection is the soliciting or receiving by a person of money or a benefit if, before or during the soliciting or receiving, the person represents that the purpose of the soliciting or receiving, or that the purpose of an activity or enterprise of which the soliciting or receiving is part, is or includes a charitable purpose.

(2) For subsection (1), it is immaterial whether the money or benefit is solicited or received—

(a) in person; or

(b) by post, telephone, email, fax or other means; or

Examples for par (c)

1 by participation in a lottery, art union or competition

2 by placing clothing in a clothing bin operated by a charity

3 by giving goods to an op-shop

4 by sponsorship for a walkathon, telethon or similar event

5 in relation to the supply of food, entertainment or other goods or services]

SA – Charities Code of Practice under the Collections for Charitable Purposes Act 1939 (SA)11 – Health and Safety of Collectors

(1) The charity must ensure that no person under the age of 15 years acts as a collector, unless they are under the supervision of a responsible adult over the age of 18 years.
(2) If a charity allows a person under the age of 15 years to act as a collector, the charity must prepare and maintain a written underage collection policy that addresses collection activities by persons under the age of 15 years.

[Definition of Collector (4 – interpretation)]:

In this code of practice:
collector means a person who (either personally or through the agency of another person) –
(a) collects, or attempts to collect, money or property wholly or partly for a charitable purpose; or
(b) charges, or attempts to charge, for admission to an entertainment in relation to which it is held out that the proceeds are to be devoted wholly or partly to a charitable purpose; or
(c) obtains, or attempts to obtain, money wholly or partly for a charitable purpose by the sale of a disc, badge, token, flower, ribbon or other device; or
(d) obtains, or attempts to obtain, a bequest, devise or other grant of money or property wholly or partly for a charitable purpose.

WA – Children under the age of 16 are not allowed to collect unless otherwise approved

NT – No legislation or regulations concerning fundraising

TAS

Children taking part in collections:

children under the age of 12 must be under the immediate control of an adult
children aged between 12 – 15 must be under adult supervision