Important reform is being proposed to the ACNC Act aimed at providing greater transparency about ACNC investigations, both proposed and ongoing. The draft Bill amends the ACNC Act to allow for disclosures, subject to a safeguard of a public harm test. The amendments allow the Commissioner to authorise an ACNC officer to disclose information about an ongoing investigation where the disclosure would prevent or minimise the risk of significant harm. The public harm test is intended to balance the benefits of enhanced transparency with potential reputational risks to charities and the need to ensure personal and confidential information is handled appropriately.
To view the draft legislation and explanatory materials, click here.
To view the media release from the Hon Dr Andrew Leigh, click here.
To view the ACNC Commissioner’s Column, click here.