Federal Parliament has passed legislation to amend ACNC secrecy provisions. Until now, the secrecy provisions have prevented the ACNC from disclosing information about investigations into concerns raised about charities and the outcomes of investigations unless, for example, the charity consented to the disclosure.
Two new types of disclosure are permitted. The ACNC Commissioner may disclose the fact that the ACNC is investigating a charity, or information relating to an investigation already publicly available. Before determining if the disclosure is permitted under the revised secrecy provisions, the Commissioner must consider a range of factors, including the seriousness of the non-compliance and whether the risks weigh in favour of a disclosure. Any disclosure must be based on the actions of a charity, not on the actions of an individual acting without the charity’s authority. These powers only apply to new or ongoing investigations relating to a charity’s compliance with the ACNC Act, the ACNC Governance Standards or the ACNC External Conduct Standards. If the Commissioner decides information can be disclosed in relation to an investigation, the information will first be published on the ACNC’s website.
To read about this change, and the ACNC secrecy provisions in more detail, click here.