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The ACNC is governed by strict secrecy provisions which include those surrounding the disclosure of ‘protected ACNC information’.

'Protected ACNC information' is a broad term which is defined in the ACNC Act. It includes almost all the information we hold about organisations and individuals.

There are a number of exceptions which allow the ACNC to disclose protected information in limited circumstances.

On 5 December, amendments were made to the secrecy provisions in the ACNC Act to introduce two new exceptions.

These changes give the Commissioner the discretion to authorise the disclosure of certain protected ACNC information including:

  • the fact that the ACNC is carrying out an investigation, and
  • information relating to an investigation.

These powers only apply to new or ongoing investigations relating to a charity’s compliance with the ACNC Act, Governance Standards or External Conduct Standards. The changes are not retrospective – for example, we cannot comment on the circumstances where we have already revoked a charity’s registration for non-compliance.

In considering whether to disclose an investigation to the public, the Commissioner must consider several factors, including:

  1. that the disclosure is necessary to prevent or minimise the risk of one of:
    • significant harm to public health, public safety or an individual, or
    • significant mismanagement or misappropriation of funds or assets of the entity, or contributions to the entity, or
    • when the disclosure relates to the fact the ACNC is carrying out an investigation, significant harm to the public trust and confidence in the Australian not-for-profit sector, or to a part of the sector, and
  2. that any harm suffered by the charity or associated individual is proportionate having regard to:
    • the factors listed at (1) above; and
    • the seriousness of any contravention and the strength of the evidence; and
    • whether any contravention suggested is likely to be the result of an act or omission of the entity itself or an individual acting without the authority of the entity.

Any information disclosed by the ACNC in relation to an investigation will be published on the ACNC’s website.

For a general disclosure, where details of an investigation are disclosed, we must notify the charity before the disclosure is made. There is a 14-day period in which the charity can seek an internal review of our decision.

If the ACNC Commissioner decides not to disclose information, the ACNC will not speak publicly about the circumstances of a charity beyond referring to information already published on the ACNC website and the Charity Register.

See our Operational Procedure: Protected ACNC Information which includes detail on each of the exceptions.