Appointment of Commissioner of Charities and other officers
Open ↗3.—(1) The Minister may appoint —(a)
an officer called the Commissioner of Charities who has the functions conferred on him or her by this Act; and
(b)
a Deputy Commissioner and such Assistant Commissioners of Charities or such other officers as the Minister may think necessary to assist the Commissioner in the proper discharge of the Commissioner’s functions.
(2) The Deputy Commissioner of Charities has and may exercise all the powers, duties and functions of the Commissioner except those which are exercisable under sections 22, 23, 24, 26, 27 and 31.
(3) An Assistant Commissioner of Charities has and may exercise all the powers, duties and functions of the Commissioner as may be delegated to him or her by the Commissioner in writing, except those which are exercisable under sections 22, 23, 24, 26, 27 and 31.
Objectives and general functions of Commissioner
Open ↗4.—(1) The objectives of the Commissioner are —(a)
to maintain public trust and confidence in charities;
(b)
to promote compliance by governing board members and key officers with their legal obligations in exercising control and management of the administration of their charities;
(c)
to promote the effective use of charitable resources; and
(d)
to enhance the accountability of charities to donors, beneficiaries and the general public.[34/2010]
(2) The general functions of the Commissioner are —(a)
to determine whether institutions are or are not charities;
(b)
to encourage and facilitate the better administration of charities;
(c)
to identify and investigate apparent misconduct or mismanagement in the administration of charities;
(d)
to take remedial or protective action in connection with misconduct or mismanagement in the administration of charities;
(e)
to obtain, evaluate and disseminate information in connection with the performance of any of the Commissioner’s functions or meeting any of the Commissioner’s objectives;
(f)
to give information or advice, or make proposals, to the Minister on matters relating to any of the Commissioner’s functions or meeting any of the Commissioner’s objectives; and
(g)
to perform any other functions that the Minister may determine.
(3) The Commissioner must, as soon as possible after the end of every year, submit to the Minister a report on the Commissioner's operations during that year, and the Minister must present a copy of the report to Parliament.
