How to apply for financial hardship status

Non-profit organisations can apply to the Office of the Information Commissioner (OIC) for financial hardship status under the Right to Information Act 2009 (Qld) (RTI Act).

If a non-profit organisation is granted financial hardship status, it will not have to pay any processing or access charges on its RTI applications.

It still has to pay the application fee.

When to make an application for financial hardship status?

An application for financial hardship status should be made before the non-profit organisation makes an access application under the RTI Act.

What are the requirements?

Financial hardship status is available to a non-profit organisation that can prove it is a non-profit organisation that is in financial hardship.

The OIC has a wide discretion about what evidence can be considered when deciding whether an organisation is a non-profit and whether it is in financial hardship.

How can you show you are a non-profit organisation?

Schedule 5 of the RTI Act provides that a non-profit organisation is an organisation that is not carried on for the profit or gain of its individual members.

Non-profit organisations applying for financial hardship status must provide documentary evidence that shows:

• they are an organisation; and
• that they operate as a non-profit.

An organisation is more than a group of people who decide to do something together. There must be evidence of structure and planning, for example a constitution, constituent documents, or charter, or a certificate of registration or incorporation.

The organisation's non-profit status can be reflected in documents such as a copy of the organisation's constitution or rules of incorporation.

Past decisions have referred to an organisation's:

• objectives as set out in its Constitution
• objectives as published on its authorised website
• principal activity during the financial year as outlined in its Financial Report; and
• distribution of funds and assets as set out in its Constitution.

How can you show your organisation is in financial hardship?

Evidence that demonstrates the organisation’s financial position can include:

• annual audited accounts certified
• statement of Assets and Liabilities; and/or
• a tax-exempt certificate.

In making a determination, the OIC may consider the nature and size of the funding base and any liquid funds.

Pervious assessments of the nature and size of an organisation’s funding base have considered:

• the organisation's various sources of funding, for example, government grants, private donations, and fundraising activities
• the discretionary nature of the organisation's funding base
• the organisation’s current cash position.

Consideration of the financial position of a non-profit organisation may involve the Current Ratio, Quick Ratio, and Working Capital financial analysis tools.

How to apply

A non-profit organisation can apply to the OIC for financial hardship status by making a written application by post or email.

How long does it take

There is no set timeframe to make a decision. The evidence provided by the organisation will be considered and a prescribed written notice will be issued setting out the decision.

A decision that a non-profit organisation has financial hardship status has effect for one year from the date of the decision.

During this time, the organisation must notify the OIC of any substantial improvement in the organisation’s financial circumstances. This must be done as soon as practicable.

If there is a substantial improvement in the organisation’s financial circumstances, the decision that a non-profit organisation has financial hardship status may be revoked by the OIC.

Review rights

If the organisation is not satisfied with a decision refusing to grant financial hardship status, the organisation can appeal the decision to the Queensland Civil and Administrative Tribunal.

Current financial hardship decisions

These non-profit organisations currently have financial hardship status.