Governance Duties and Conflicts of Interest in the Charities Sector: Australia and England & Wales Compared

Abstract

This article reports the results of an extensive survey of persons who govern charitable entities in Australia and in England & Wales in relation to governance duties and conflicts of interest. The results help discern respondents’ understanding of, and confidence with, their governance duties, their enthusiasm for practical assistance with these duties, the strength of their conflicts management procedures, as well as compliance motivations and perceived barriers to enhanced governance and compliance. This in turn assists in critical evaluation of the effectiveness of the governance and regulatory system in each of Australia and England & Wales, and enables valuable comparisons between the jurisdictions in this respect.

Keywords: charity law, governance, conflicts of interest, trustees, regulation, fiduciary duties

JEL Classification: K10, K20