Annual Report 2015 Office of the Commissioner for Voluntary Organisations Copyright 2016, Office of the Commissioner for Voluntary Organisations
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Annual Report 2015 Office of the Commissioner for Voluntary Organisations Copyright 2016, Office of the Commissioner for Voluntary Organisations Published by Office of the Commissioner for Voluntary Organisations Block C, Beltissebħ, Floriana, FRN 1700, Malta Tel: +356 2568 7261 Fax: +356 2568 7265 Email: [email protected] www.voluntaryorganisations.gov.mt Design and Printing: Government Printing Press Contents 1. Introduction ................................................ 4 7. Different Legal Forms and their Statutes ........................................ 19 2. Overview by the Commissioner .................. 6 7.1 Foundation ...........................................19 7.2 Trust .................................................... 20 3. Vision, Strategy and Work Plans ................. 8 7.3 Association ........................................... 21 3.1 Vision ...................................................... 8 7.4 Can Foundations, Trusts and Associations have members? ............... 22 3.2 Objectives ............................................... 8 Associations have members? ............... 22 3.3 Strategic Priorities ................................. 8 7.5 Conclusion ............................................. 22 3.4 Work Plans ............................................. 9 8. Public Appearances and Meetings ............. 23 4. Enrolment of Voluntary Organisations ..... 11 9. Financial Statements .................................. 25 4.1 Certificates of Enrolment ....................11 4.2 Categories of Enrolled Voluntary OrganisationsOrganisations ..... ........................................................................ 1212 10. Malta Council for the Voluntary Sector - Annual Report ............................................. 28 4.34.3 CancellationCancellation ofof CertificatesApplications ................ ............. 1212 Annual Report ............................................. 26 5. Leading and Monitoring Enrolled Appendix A ......................................................... 35 Voluntary Organisations ............................. 13 Parliamentary Questions 5.1 Problems Encountered ........................ 13 5.2 Annual Returns in Figures .................. 14 5.3 Conclusion ........................................... 15 6. Research and Web Content ........................ 16 6.1 Public Media Scrutiny ......................... 16 6.2 The Website ........................................ 16 1. Introduction The voluntary sector plays an This report highlights the work carried important role in providing services in the out during 2015 with regards to compliance community. In a welfare society, voluntary to Subsidiary Legislation 492.01, Voluntary organisations (henceforth VOs) are indispensable Organisations (Annual Returns and Annual and they perform a number of functions for the Accounts) Regulations 2012 (henceforth welfare of its members, the development of the Subsidiary Legislation 492.01) by enrolled country and integration and solidarity of the voluntary organisations. The CVO Office gives society and nation. The generosity of the Maltese high importance to the promotion of compliance is well renowned and substantial amounts of for the benefit of the individual VOs and the money are collected by VOs every year. wider voluntary sector. Where risks and non- compliance to law are identified, regulatory The mission of the Office of the advice is given to VOs. Where necessary the Commissioner for Voluntary Organisations Commissioner uses its legal powers to open an (henceforth CVO Office) is to regulate the inquiry or an investigation. voluntary sector by giving it more visibility and guarantee transparency and accountability of the Despite all the reminders sent to VOs to organisations that compose it, in the carrying out submit their annual returns and accounts on time, of their important work, whilst monitoring and a significant number of VOs, in all categories, supervising the activities of these organisations as fall behind in abiding by the law to send their well as supporting them. The role of the regulator submissions on time. Efforts were made during of the sector is of utmost importance in order to 2015 to collect also late annual returns of previous increase public trust, confidence, accountability years. The proposed amendments to the VOA and transparency in the sector, so that VOs can will give more powers to the Commissioner in continue to play a central role in society to meet this regard to take timely action, particularly in uncovered needs. cases where there has been negligent or deliberate abuse on the part of administrators. To strengthen the mission of the CVO Office a lot of work was carried out to finalise The CVO Office is aware that the amendments to the Voluntary Organisations accountability is amongst the most important Act (Cap 492 of the Laws of Malta), (henceforth drivers of public trust in the voluntary sector. VOA). Some of these amendments will address Therefore it is crucial that administrators file weaknesses in the legal and enforcement powers their accounts and annual returns on time. of the Commissioner, including those on fraud, With the collaboration of the Malta Council of money laundering and terrorism. In this way the Voluntary Sector (henceforth, the Council), it will strengthen the regulatory framework training courses were organised to administrators of the voluntary sector in order to sustain high of VOs on the compiling of annual accounts levels of public confidence in VOs to encourage and returns, where emphasis was made to take a vibrant and diverse sector, independent of the reporting requirements seriously, since good Government. As the Commissioner highlights in reporting demonstrates the good standing of a VO his overview, this needs financial backing, which for the benefit of its supporters and beneficiaries. is currently lacking, in order to implement all the provisions of the law effectively and efficiently and The CVO Office was kept very busy with become a more proactive and robust regulator. the increase in applications for enrolment during the year. In fact a total of 161 applications were This report sets out how the CVO Office submitted compared to the 154 applications filed fulfilled its mission during 2015. As a regulator in 2014. This brings the total of VOs that have of the voluntary sector, this Office worked hard applied with the CVO Office since its inception in to fulfill its obligations effectively and to respond 2008, to 1228. These VOs are very diverse in mission, to abuse and mismanagement in VOs, in order social purpose, activity, size and complexity. to strengthen the accountability of enrolled VOs They range from very small organisations with and their compliance to law. It also, assisted a committee of 3 administers to bigger and administrators run their organisations effectively. international VOs employing people. 4 OFFICE OF THE COMMISSIONER FOR VOLUNTARY ORGANISATIONS The number of Certificates of Enrolment and how they will be transformed online, has issued amounted to 120. VOs obtaining the been drafted. This report gives a brief on the Certificate of Enrolment can enjoy several guidelines that will be available on the website to advantages and benefits, amongst of which is assist VOs in their work. Some are also intended that they can benefit from government grants in to increase the level of good governance in these accordance to the VOA. organisations. The VO’s status depends on a statutory The vision, strategy and test in accordance with the VOA, carried out by accomplishments of the CVO Office are outlined the CVO Office to establish its legal form and its in this report. Working on a vision and strategies eligibility to enrol. The different legal forms and are very important to accomplish the objectives their statutes are well explained in this report. of the CVO Office. They deliver many benefits This chapter includes a brief description on and define the values of this Office and its what is a Foundation, a Trust and an Association. employees which will lead to more efficiency and Throughout the year, this Office received and effectiveness. This Office will continue working replied to a good number of enquiries in this to reach its objectives, with its limited resources regard, like what is the composition of a statute, for the benefit of the voluntary sector. rights of administrator and members, rules on conducting an annual general meeting etc. It is The CVO Office works in close not always possible to guide organisations in their collaboration with the Council which is doing a enquiries since the Commissioner’s office is not very good job to support the voluntary sector in a legal firm and has no authority to give legal its needs. It is offering various beneficial services advice. On the other hand, the Commissioner to VOs and is playing a crucial role to support is legally bound to provide information and them in their requirements. During 2015, the guidelines to persons performing voluntary work Council consolidated the initiated projects and and to members of voluntary organisations, for initiatives such as the Training and Capacity the better performance of their role and for the Building Program for Voluntary Organisations better achievement of the objectives of the VOs Administrators, the Small Initiatives Supports in which they serve. Scheme, the Mentoring Scheme for VOs and the National Volunteer Award, whilst entering During 2015, a lot of effort and work was also in new initiatives