Australian Charities and Not-for-profits Commission Act 2012 (Cth)

CHAPTER 7 - MISCELLANEOUS  

PART 7-1 - SECRECY  

Division 150 - Secrecy  

Subdivision 150-C - Authorised disclosure  

SECTION 150-52   EXCEPTION - DISCLOSURE OF INFORMATION RELATING TO RECOGNISED ASSESSMENT ACTIVITY  

150-52(1)    
An ACNC officer may disclose protected ACNC information if:

(a)    the Commissioner has authorised the disclosure of the information under subsection (3) ; and

(b)    the Commissioner has given a notice under subsection 150-53(1) ; and

(c)    subsections 150-53(4) and (5) do not prevent the disclosure being made.

150-52(2)    
To make a disclosure under subsection (1) , the ACNC officer:

(a)    must cause the information to be published on the ACNC ' s website; and

(b)    may also disclose the information by any other means authorised, in writing, by the Commissioner.

Authorisation by the Commissioner

150-52(3)    
The Commissioner may authorise, in writing, the disclosure of protected ACNC information under subsection (1) if:

(a)    the Commissioner reasonably suspects that a registered entity:

(i) has contravened a provision of this Act; or

(ii) has not complied with a governance standard or external conduct standard; and

(b)    the disclosure is for the purpose of describing a recognised assessment activity being carried out, or proposed to be carried out, by the Commissioner under this Act in relation to such a suspected contravention, or such suspected non-compliance, by the entity; and

(c)    the Commissioner is satisfied that the disclosure is necessary to prevent, or minimise the risk of:

(i) significant harm to public health, public safety or an individual; or

(ii) significant mismanagement or misappropriation of funds or assets of the entity, or contributions to the entity; and

(d)    if the information is personal information (within the meaning of the Privacy Act 1988 ) - the Commissioner is satisfied that the disclosure is necessary to achieve the objects of this Act.

Note: Before authorising the disclosure, the Commissioner may give one or more notices under section 150-54 .

150-52(4)    
However, the Commissioner may authorise a disclosure under subsection (3) only if the Commissioner is satisfied that any harm that is likely to be caused to the registered entity mentioned in paragraph (3)(a) , or to an individual who is:

(a)    employed by the entity under a contract of service; or

(b)    engaged by the entity under a contract for services; or

(c)    being provided with services, or receiving benefits, under a program provided by the entity; or

(d)    a volunteer of the entity; or

(e)    a member of the entity; or

(f)    otherwise connected to the entity;

would not be disproportionate, having regard to:

(g)    the matters in paragraph (3)(c) ; and

(h)    the seriousness of the suspected contravention or suspected non-compliance mentioned in paragraph (3)(a) and the strength of the evidence of the suspected contravention or suspected non-compliance available to the Commissioner; and

(i)    whether the suspected contravention or suspected non-compliance mentioned in paragraph (3)(a) is likely to be the result of an act or omission of the entity, or of an individual acting without the authority of the entity.