More than $51 million raised for the NSW Rural Fire Service during the bushfire crisis cannot legally be given to other bushfire relief charities and can't be spent on injured or deceased firefighters, lawyers for the RFS have told the NSW Supreme Court.
Comedian Celeste Barber raised $51.2 million for the RFS & Brigades Donations Fund in a Facebook appeal at the start of this year that initially sought just $30,000. As the appeal grew, Ms Barber said some of the money could potentially go to other charities, such as the Red Cross, or fire services in other states.
NSW Rural Fire Service volunteers battle a blaze in southern NSW in January 2020.Credit: Kate Geraghty
However, after the fundraiser ended, it emerged that strict rules governing donations may prevent this.
A trust deed governing the RFS fund says any income should be spent "to or for the brigades" to assist them with "purchasing and maintaining fire-fighting equipment and facilities", providing training and resources, and covering administrative expenses.
In a hearing on Monday, the RFS trustee sought guidance from the NSW Supreme Court to see if the deed would allow them to spend the money in other ways, including on bushfire relief for people and animals, distributing the money to other charities, or setting up a fund for firefighters who are injured or killed.
"[We] wish to honour the intentions and beliefs of Ms Barber and the donors ... concerning what would and should be done with the donated money," the RFS said in court documents.
Comedian Celeste Barber raised $51 million for the NSW Rural Fire Service.Credit: Simon Schluter
But barristers for the fire service said they did not believe they would be legally justified if they used the money in that way.
Jeremy Giles, SC, for the RFS trustee, said Ms Barber's fundraiser was "obviously a spectacular success" and donors throughout Australia and the world had been "extremely generous", for which the RFS was grateful.
He said the RFS and the trustee would give "anxious consideration" to using part of the money to establish a fund for injured or killed firefighters, if it was in their power to do so.
"We have advised it is not," Mr Giles said.
Mr Giles asked Justice Michael Slattery to decide if the RFS would be justified in using the money in four ways: to give some to other charities including interstate fire organisations; to set up a fund to support firefighters who are injured or killed; to provide physical health training, mental health training and trauma counselling services; and paying for firefighters to attend training courses.
Peter Singleton, appearing for the NSW Attorney-General, said the Attorney agreed with the RFS that the latter two uses would be acceptable. He said he could not come up with a plausible argument to contradict the assessment of the RFS that giving the money to other charities would not be permitted.
Justice Slattery said the wording of the deed may enable the RFS to use money to support injured firefighters, but not those who died. He described the situation as a "difficult, rather agonising dilemma".
Justice Slattery is expected to deliver a decision within a few days.
"I know that the funds are there and people want to use them," Justice Slattery said. "That's obviously a priority."