Information on the ACNC Register: withheld information
The ACNC can decide not to publish a charity's information on the ACNC Register – this is called ‘withholding information’. When information is withheld from the Register, the section where the information is withheld will say ‘Information withheld’.
When the ACNC may withhold information from the Register
There are limited circumstances when we may withhold a charity’s information from the Register. Charities’ can apply to the ACNC to ask for information to be withheld in these circumstances.. The ACNC Commissioner has discretion to withhold or remove information from the Register where the information:
- is commercially sensitive and publication could cause harm to the charity or a person
- is inaccurate, or likely to confuse or mislead
- is offensive
- could endanger public safety, or
- is covered by ACNC regulations.
The ACNC may also decide not to publish details of any warnings we have issued to a charity if:
- the information could cause harm to the charity or a person
- the charity was not behaving in bad faith, and
- the matter has been dealt with so that withholding the information will not conflict with our objects under the ACNC Act.
Even if a charity meets one or more of the above circumstances the ACNC may refuse to withhold or remove information where it considers that the public interest in displaying the information outweighs the likely adverse effect of that circumstance.
Private ancillary funds have additional circumstances under which they can also apply to withhold information.
Attention - Important information! The ACNC never publishes the contact details or date of birth of any responsible person of a charity (such as a board or committee member, or trustee) on the ACNC Register.
Protecting private information
Public interest in publishing
The ACNC will always consider whether the public interest in having the information on the ACNC Register is greater than the likely effect of that circumstance.
Information about private ancillary funds
Under ACNC regulations, private ancillary funds (funds set up to provide money, property or benefits to deductible gift recipients – DGRs) that are registered charities can ask the ACNC to withhold information from the Register under additional grounds. This includes some funds that used to be called ‘income tax exempt funds’ (ITEFs). Generally, we will allow private ancillary funds to withhold their information if its publication is likely to identify individual donors.