By Georgina Mitchell and Laura Chung
More than $51 million raised for the NSW Rural Fire Service in a Facebook fundraiser cannot be given to other charities or fire services, but can be used to set up a fund for RFS firefighters who are injured or killed, the NSW Supreme Court has decided.
Comedian Celeste Barber raised $51.2 million for the RFS & Brigades Donations Fund in a social media appeal at the start of this year, as bushfires devastated communities around Australia.
NSW RFS Commissioner Rob Rogers said on Monday the service plans to spend about $14 million towards upgrading safety equipment, including respiratory protection and helmets, with $20 million going towards upgrades for local brigades, and the rest to be decided.
"We're committed to making sure that money is spent on things that is of benefit to volunteer firefighters," Mr Rogers said.
When Ms Barber's appeal raised much more money than expected, she said some of the funds could potentially go to other charities or fire services in other states. However, it emerged that strict rules governing donations prevented the money being distributed in this way.
In comments on the fundraiser, one donor said they wanted their money to go to "the victims ... those who lost everything".
Celeste Barber at the Fire Fight Australia Bushfire relief concert this year.Credit: Dean Sewell
The RFS trustee took the matter to the NSW Supreme Court to seek guidance on whether the fire service would be legally justified in spending the money in a range of ways, including on bushfire relief for people and animals.
On Monday, Justice Michael Slattery ruled in a judgment that the trustee could use the money to set up or contribute to a fund for firefighters who are injured or killed; to provide physical and mental health training and resources to firefighters including trauma counselling; and to pay for firefighters to attend training courses.
However, he said the trustee would not be justified if it paid some of the money to other charities, including fire services in other states, to assist in providing bushfire relief to people or animals.
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.
A fire truck pictured during the Green Wattle Creek Fire at Orangeville in late 2019.Credit: Nick Moir
In a statement, Ms Barber said she had hoped the "unprecedented" amount could be distributed further, but it "turns out that studying acting at university does not make me a lawmaker".
She said the money will be "in the very capable, very grateful hands of the NSW RFS" and described volunteer firefighters as "rockstars like no others" who will "never know the depth and breadth of our gratitude". She thanked everyone around the world who donated.
Mr Rogers said the RFS will be "very transparent" about where the money goes and added that he would advocate for a fund to be established to help firefighters who are injured or killed.
Justice Slattery said some of the donors to the fundraiser "may have intended or hoped" that their money would be used for purposes outside what the court has permitted, but the law provides principles surrounding trust funds and the court applied those principles.
He ordered the costs of the court proceeding be paid out of the RFS fund on an indemnity basis.
Each donor made a payment through the PayPal Giving Fund, which includes in its terms and conditions that "an indication of the intended destination of the funds was merely a recommendation". PayPal then used its own discretion to pay the entirety of the money to the RFS.
Justice Slattery said public statements made by Ms Barber or the donors "do not bind the trustees" in applying the funds they received from PayPal.
"Any funds received by the trustees in that capacity must be applied only for the purposes set out in the RFS Trust Deed," he said. "Any other application of the funds would be a breach of trust."
with Michaela Whitbourn