ACNC Commissioner Sue Woodward AM has welcomed the passage of laws which aim to increase public understanding of some ACNC investigations.
In a joint media release The Hon Dr Jim Chalmers MP, Treasurer, The Hon Dr Andrew Leigh MP, Assistant Minister for Productivity, Competition, Charities and Treasury and The Hon Dr Anne Aly MP, Minister for Small Business have announced that 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.
Ms Woodward said the new provisions would allow her to disclose information about investigations in limited circumstances. 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.
'Any disclosure we make will have to go through a formal decision process,’ she said. ‘This will ensure that all the key factors are considered before a disclosure is made.’
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.
'We must also consider whether disclosure could negatively affect another authority’s investigation, compromise evidence or the fairness of possible legal proceedings,’ Ms Woodward said.
'Our education first approach to regulation will continue, but these exceptions provide an additional opportunity to disclose an investigation to prevent potential harm and ensure continued trust and confidence in the sector,’ she said. ‘We continue to focus on preventing non-compliance and supporting charities to return to compliance where issues arise.’
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.
The changes will come into effect when the Bill receives Royal Assent.