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

(2022) 28 Third Sector Review

35 Pages Posted: 8 Nov 2022

See all articles by Rosemary Teele Langford

Rosemary Teele Langford

University of Melbourne - Law School

Malcolm Edward Anderson

Melbourne Law School; Australian Institute of Archaeology

Date Written: November 4, 2022

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

Suggested Citation

Langford, Rosemary Teele and Anderson, Malcolm Edward, Governance Duties and Conflicts of Interest in the Charities Sector: Australia and England & Wales Compared (November 4, 2022). (2022) 28 Third Sector Review, Available at SSRN: https://ssrn.com/abstract=4268157 or http://dx.doi.org/10.2139/ssrn.4268157

Rosemary Teele Langford (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Malcolm Edward Anderson

Melbourne Law School ( email )

University of Melbourne
Parkville, 3052
Australia

Australian Institute of Archaeology ( email )

Melbourne, Victoria 3010
Australia

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