2.1. HPA is a company limited by guarantee and a member of a global network of collaborating organisations all operating under the name ‘The Hunger Project’.
2.2. The Hunger Project was founded in 1977 in the USA and has its global headquarters in New York. It is a network of organisations operating in various countries (‘program countries’ in the developing world and ‘partner countries’ in the developed world) around the world. The network is administered from the global offices. The principal aim of HPA (which is a shared aim of the global network) is to end world hunger, particularly in the developing world.
2.3. HPA is one of nine entities in partner countries.
2.4. The relationship between entities in the partner countries is governed by an agreement (the Global Chartering Agreement) made in 1986.
2.5. As a whole, the organisation is administered by a global board – at the moment HPA does not have a representative on the global board. The CEO of HPA has a voice in the global affairs of the organisation through two specific types of involvement and has involvement with some aspects of the strategic decision-making of the global organisation. HPA is also involved in the process by which The Hunger Project formulates its international strategies.
2.6. The global office coordinates the fund-raising in partner countries with expenditure of those funds on hunger relieving programs in program countries.
2.7. HPA’s purposes are charitable. Its exclusive object (as set out in its Memorandum of Association) is:
“The relief of poverty, sickness, suffering, distress destitution and helplessness with a particular emphasis on directly aiding and developing those suffering from chronic and persistent hunger in certified developing countries as approved by the Australian Minister for Foreign Affairs from time to time.”
“The Hunger Project Australia will work towards the sustainable end of hunger by identifying what is missing in achieving (t)he goal of ending hunger and creating strategic initiatives to provide it.”
2.8. Its subordinate objects include soliciting donations and raising funds for the purpose of making charitable donations and cooperating with other entities having similar objects.
2.9. HPA is administered by a board of directors. Day-to-day work is carried out by the CEO and four members of staff under her direction who:
- 2.9.1. raise money in Australia
- 2.9.2. co-operate with entities in other partner countries (‘partner entities’) to support programs delivered in program countries (by ‘program entities’), and
- 2.9.3. co-operate with program entities in program countries to implement these programs.
2.10. There is evidence of HPA’s ad hoc involvement in various programs run by The Hunger Project in various program countries. While useful, this involvement largely does not involve the direct performance of charitable activities.
2.11. By far the most substantial of these activities is fundraising:
“The correct characterisation of its activities is that it is predominantly engaged in fundraising and to a lesser extent in providing strategic guidance. Its direct charitable activities are negligible when viewed in the overall scheme of its operations” [para 44 of decision in first instance].
2.12. HPA undertakes fundraising in Australia on an independent basis. It reports a forward estimate each year to the global office. The global office also receives estimates of required/proposed expenditure from program entities. The global office tries to coordinate funding requests with partner agency budgets – but each partner entity retains control over the transfer of funds to program entities.
2.13. HPA is principally a fundraising entity – other members of The Hunger Project perform the charitable activities to in fact relieve hunger.