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Structure

DU Charities is a non-profit organisation and a charitable institution as endorsed by the Australian Tax Office. DU Charities is established and operated as a charitable trust by the trustee, Daily-Update Pty Ltd (trading as Daily-Update Publishers, Green Skills Australia and Online English College). 

DU Charities is a tax- exempt Discretionary Investment Trust (Green Job Hunters,  Friendly Shores and Nell’s Special Treat are Trading Names) for the purposes of the Australian Tax Office.

The Australian Business Number (ABN) of DU Charities is 80241316874.

Strictly 10% of Daily-Update’s net profits goes to DU Charities. The directors of the charity’s trustee Daily-Update Publishers (Fay and Cameron Russell), make day-to-day decisions affecting DU Charities. 

The assets and income of the organisation shall be applied solely in furtherance of its above-mentioned objects and no portion shall be distributed directly or indirectly to the members of the organisation except as bona fide compensation for services rendered or expenses incurred on behalf of the organisation.

Trust Deed

Statutes Governing the Activities of DU Charities.

Party:
Daily-Update Pty Ltd hereby declares a Discretionary Investment Charitable Trust named “DU Charities” and, as 
trustee for DU Charities, agrees as of 1st January 2006 to strictly adhere to the following statutes:

WHEREAS:
The party to this Deed establishes a Discretionary Investment Charitable Trust (in this Deed referred to as 
"the Trust") for the purposes described in Clause 3 of this Deed, and providing for its control and government.

1. Name:
The name of the Trust is ‘DU Charities’, hereafter called 'the Trust'.

2. Principles:
The Trust is committed, in attaining its purposes, to:
2.1 Directly improving the lot of three groups of people under severe stress, namely (a) disadvantaged job seekers; (b) refugees and asylum-seekers awaiting a hearing in Australia; and (c) elderly people, from any country, struggling to care for their spouse.
2.2 Working honestly and diligently, alongside others of like mind, to make a difference by relieving distress and suffering amongst the three groups in Principle 2.1.

3. Purposes:
The purposes of the Trust will be:
3.1 Primarily supporting disadvantaged job seekers, refugees and asylum-seekers as much as possible, through Trading Names under DU Charities called 'Green Job Hunters' and 'Friendly Shores'. Some funds shall be for meeting short-term needs, but the major focus shall be on long-term needs such as providing training, support and follow-up for job seekers or purchasing or contributing to the leasing of simple housing to meet the accommodation needs of new arrivals in Australia.
3.2 Providing a small but significant treat for elderly people who are caring for their spouse, through a Trading Name under DU Charities called 'Nell’s Special Treat.' Although Purpose 3.1 shall take up most of the funding, limited funds shall be released for Purpose 3.2 according to demonstrably genuine emails that are received.

4. Area of Operation:
The Trust is physically based in Australia. It pursues its activities and incurs its expenses principally in Australia.

5. Registered Office & ABN:
The office of the Trust is at 3 Michelle Crescent, Wishart, Qld 4122, Australia, and in such place in Australia as the Trustee may from time to time determine. The Australian Business Number (ABN) of DU Charities 
is 80241316874.

6. Trustee
6.1 Daily-Update Pty Ltd shall be the Trustee for DU Charities.
6.2 One or more of the directors of Daily-Update Pty Ltd shall be authorised to make decisions regarding the management of the Trust. Such a director will immediately lose such authority when she or he resigns in writing, dies, is declared bankrupt or is found to be a mentally disordered person.
6.3 A majority of directors of Daily-Update Pty Ltd has the power to amend or add to this deed in whole or part at any time. Such amendment shall be included in the deed as displayed on this Webpage and not detract from the exclusively charitable nature of the Trust or result in the distribution of its assets on winding up or dissolution for any purpose that is not exclusively charitable. 
6.4 The Trustee has the power to terminate the Trust by complete distribution of the trust property.
6.5 Should the Trustee be wound up or declare bankruptcy, the Trust will be wound up.
6.6 A majority of directors of Daily-Update Pty Ltd has the power to appoint or terminate any additional Trustees, whether they be directors of the company or not, but only if the former believe that such action is in the best interests of the Trust. Appointments and terminations of Trustees must be recorded on this Webpage below this deed.
6.7 A majority of directors of Daily-Update Pty Ltd has the power to appoint any committee and may delegate 
any of its powers and duties to any such committee or to any person. The committee or person may without confirmation by the Trustee exercise or perform the delegated powers or duties in the same way and with the same effect as the Trustee could itself have done.
6.8 Any committee or person to whom the Trustee has delegated powers or duties will be bound by the terms of the Trust and any terms or conditions of the delegation set by the Trustee.
6.9 The Trustee will be able to revoke such delegation at will, and no such delegation will prevent the exercise of any power or the performance of any duty by the Trustee.
6.10 It will not be necessary for any person who is appointed to be a member of any such committee, or to whom such delegation is made, to be a Trustee.
6.11 The Trustee has complete discretion as to how and when funds are distributed and Trust property managed, except that they must be allocated  and administered to further the charitable purposes of the Trust and must never revert to private ownership. 
6.12 The Trustee has the power to use the funds of the Trust as it thinks necessary or expedient in payment of the costs and expenses of the Trust, including the employment and dismissal of professional advisors, agents, officers and staff, according to principles of good employment and Australian law or any subsequent enactment.
6.13 The Trustee has the power to purchase, take on, lease or in exchange or hire or otherwise, acquire any real or personal property and any rights or privileges which the Trustee thinks necessary or expedient in order to attain the purpose of the Trust and to sell, exchange, let, bail or lease, with or without option of purchase or, in any other manner, dispose of such property, rights or privileges.
6.14 The Trustee has the power to invest surplus funds in any way permitted by law for the investment of Charitable Trust funds and upon such terms as the Trustee thinks fit.
6.15 The Trustee has the power to borrow or raise money from time to time with or without security and upon such terms as to priority or otherwise as the Trustee thinks fit.
6.16 The Trustee has the power to do all things as may from time to time be necessary or desirable to enable the Trustee to give effect to and attain the charitable purposes of the Trust.

7. Income, Benefit or Advantage to be Applied to Charitable Purposes
7.1 Any income, benefit or advantage will be applied to the charitable purposes of the Trust.
7.2 No Trustee or any person associated with a Trustee shall participate in or materially influence any decision made by the Trustees in respect of any payment to or on behalf of that Trustee or associated person of any income, benefit or advantage whatsoever. Any such income paid shall be reasonable and relative to that which would be paid in an arm’s length transaction (being the open market value).
7.3 The provision and effect of this clause shall not be removed from this deed and shall be implied into any document replacing this deed of trust.

8. Financial Arrangements
8.1 The Trust is tax exempt, but if relevant, the financial year of the Trust will be from 1 January to 31 December.
8.2 Funds shall be paid annually to the Trust by Daily-Update Pty Ltd in the amount of 10% of the company’s net profits. This payment shall be made within one month of the company's net profits being calculated and at the latest by 31 December of each year. If the Trustee is unable to keep to this deadline for any reason, that reason shall be publicly announced on this Webpage, along with steps being taken to rectify the situation.
PayPal donations to DU Charities shall be withdrawn and paid to the Trust once a minimum of $100 has accrued (to avoid a PayPal fee). 
All other funds, including public donations and the proceeds of fundraising, shall be paid to the Trust at the earliest convenience (generally within 24 hours).

9. Mediation & Arbitration
9.1 Any dispute arising out of or relating to this deed may be referred to mediation, a non-binding dispute resolution process in which an independent mediator facilitates negotiation between parties. Mediation may be initiated by either party writing to the other party and identifying the dispute which is being suggested for mediation. The other party will either agree to proceed with mediation or agree to attend a preliminary meeting with the mediator to discuss whether mediation would be helpful in the circumstances. The parties will agree on a suitable person to act as mediator, or failing that, a mediator shall be appointed by the Institute of Arbitrators & Mediators Australia.
9.2 The mediation shall be terminated by -
9.2.1 The signing of a settlement agreement by the parties; or
9.2.2 Notice to the parties by the mediator, after consultation with the parties, to the effect that further efforts at mediation are no longer justified; or
9.2.3 Notice by one or more of the parties to the mediation to the effect that further efforts at mediation are no longer justified; or
9.2.4 The expiry of sixty (60) working days from the mediator’s appointment, unless the parties expressly consent to an extension of this period.
9.3 If the mediation should be terminated as provided in 9.2.2, 9.2.3 or 9.2.4 any dispute or difference arising out of or in connection with this deed, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Australia in accordance with Australian law and the current arbitration protocol of the Institute of Arbitrators & Mediators Australia. The arbitration shall be by one arbitrator to be agreed upon by the parties and if they should fail to agree within twenty -one (21) days, then to be appointed by the President of the Institute of Arbitrators & Mediators Australia.

10. Trustee Liability:
It is declared that:

10.1 The Trustees are chargeable respectively only in respect of the money and securities they actually receive, or which, but for their own acts, omissions, neglects, or defaults they would have received, notwithstanding their signing any receipt for the sake of conformity; and
10.2 They are each answerable and responsible respectively only for their own acts, receipts, omissions, neglects and defaults and not for those of each other, or of any banker, broker, auctioneers, or other person with whom, or into whose hands, any Trust money or security is properly deposited or has come;
10.3 No Trustees shall be liable personally for the maintenance, repair, or insurance of any charges on such property;
10.4 No Trustees hereof shall be liable for any loss arising from any cause whatsoever unless such loss is attributable:
10.4.1 To his or her own dishonesty; or
10.4.2 To the wilful commission by him or her of an act known by him/her to be a breach of Trust.
10.5 No Trustees shall be bound to take any proceedings against a co-Trustee for any breach or alleged breach of Trust committed by that co-Trustee.
10.6 The Trustees shall from time to time and at all times be indemnified by and out of the Trust property from and against all costs, charges, losses, damages, and expenses sustained or incurred by them or in or about the execution and discharge of their office or in or about any claim, demand, action, proceeding or defence at law or in equity in which they may be joined as a party.

11. Disposition of Surplus Assets:
On the winding up of the Trust, or on its dissolution, all surplus assets, after the payment of costs, debts and 
liabilities shall be transferred to another charitable organisation/s  as the Trustee will decide, however the recipient organisation shall: (a) be located within Australia; (b) have similar purposes; and (c) not be carried on for the profit or gain of its individual members. If the Trust is unable to make such a decision, the surplus assets will be disposed of in accordance with the directions of the court system.

IN WITNESS OF WHICH this Deed has been executed:

Cameron Russell                                Fay Russell
Director, Daily-Update Pty Ltd             Director, Daily-Update Pty Ltd

Where Daily-Update Pty Ltd is the Trustee for DU Charities