Variety NSW/ACT
Refund Policy

Refund Procedure

1. Purpose

This procedure outlines when and how refunds may be issued for payments made to the organisation. It reflects guidance from the Australian Consumer Law (ACL) and the Australian Charities and Not‑for‑profits Commission (ACNC) regarding fundraising and donations.

2. General Principle

Donations are voluntary gifts and are generally non‑refundable. This principle is supported by:

  • ACNC – Fundraising and the Australian Consumer Law The ACNC summarises that the ACL applies only when goods or services are supplied. Pure donations — where nothing is received in return — are not considered a supply and therefore do not create refund rights.
  • ACCC – A Guide to the Australian Consumer Law for Charities and Fundraisers The ACCC states that refund obligations arise only when fundraising involves the supply of goods or services. Donations given voluntarily without receiving anything in return are not subject to consumer guarantees.

Together, these sources support the sector‑standard position that donations are non‑refundable unless an error, fraud, or misleading conduct has occurred.

3. When Refunds May Be Considered

Refunds may be issued in the following circumstances:

3.1 Payment Error
  • Duplicate transactions
  • Incorrect amount entered
  • Technical processing error
3.2 Fraud or Unauthorised Use
  • The donor can demonstrate the payment was not made by them.
3.3 Misleading or Incorrect Information
  • If the donor was misled or provided materially incorrect information at the time of giving, consistent with ACL requirements.

4. Refund Request Process

4.1 How to Request a Refund

Refund requests must be submitted in writing to [email protected] and include:

  • Donor name
  • Date and amount of payment
  • Reason for the refund request
  • Supporting documentation (if applicable)
4.2 Assessment

The organisation will:

  • Review the request within 10 business days
  • Verify the transaction
  • Assess the request against this procedure
4.3 Outcome

The donor will be notified in writing of the outcome. Approved refunds will be processed to the original payment method within 10 business days.

5. Record‑Keeping

All refund requests and outcomes will be recorded in accordance with:

  • ACNC Governance Standard 5 (accountability)
  • NSW/ACT fundraising record‑keeping requirements

6. Source Basis

This procedure is grounded in:

ACNC — Fundraising and the Australian Consumer Law

  • Pure donations are not considered a supply of goods/services.
  • ACL obligations apply only when fundraising is “in trade or commerce”.

ACCC — ACL Guide for Charities, Not‑for‑profits and Fundraisers

  • Refund obligations apply only where goods/services are supplied.
  • Donations given voluntarily do not create consumer guarantee rights.

These are the most authoritative sources in Australia for charity refund policy design.

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