There are limited circumstances when we may withhold a charity’s information from the ACNC Charity Register. Charities can apply to us 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 we may refuse to withhold or remove information where 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.