It has been brought to our attention that the Office of Fair Trading (Queensland) have certain requirements for legally using a business name in Queensland. These requirements impact on the use of a name for the Outside School Hours Care Service operated under the sponsorship of another entity, association or organisation.
For example, the Outside School Hours Care service known as Wonderland OSHC operated by the Wonderland State School P&C Association would need to identify the name of the entity, being Wonderland State School P&C Association on all business stationery, statements, receipts and promotional material including handbooks.
Therefore, the business letter head should clearly state the name of the entity apart from what type of service the entity provides as per the example below. This example uses a significantly different font size to describe who the entity is, in contrast to the services that the entity provides.
Wonderland State School P&C Association
Outside School Hours Care
The reason for this is that the client needs to be informed about whom they are dealing with as the organisation or entity. In this instance, Wonderland Outside School Hours Care is not an organisation on its own, the sponsor body is the organisation that the clients are dealing with. Outside School Hours Care is the type of service which that organisation or association provides.
Such requirements exist for all materials where the business name of the entity is used.
There are different requirements for Incorporated Associations and Pty Ltd Companies. These types of businesses may not need to register their name if they operate under the name of the Association or Company. Further information should be sought from the Office for Fair Trading.
A P&C may choose to register the business name of the OSHC service. Further information can be accessed from Fair Trading on
13 13 04, including business name registration forms. www.fairtrading.qld.gov.au/
Please note: Penalties / fines for non compliance with this requirement can be up to $3000 depending on how long the entity has been using the unregistered name.
OUTSIDE SCHOOL HOURS CARE
ABN REGISTRATION
Outside School Hours Care services operated by a P&C Association should be registered under and use the ABN held by the P&C Association, not their own. If your service does have its own ABN, please contact Government Liaison Officer on (07) 3213 8828 from the Australian Taxation Office for further advice and information on how to go about amending the registration.
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