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 150-51   EXCEPTION - DISCLOSURE THAT COMMISSIONER IS CARRYING OUT RECOGNISED ASSESSMENT ACTIVITY  

150-51(1)    
An ACNC officer may disclose protected ACNC information if the Commissioner has authorised the disclosure of the information under subsection (3) .

150-51(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

150-51(3)    
The Commissioner may authorise, in writing, the disclosure of protected ACNC information under subsection (1) if:

(a)    the Commissioner is satisfied that there is information available to the public that could reasonably be regarded as suggesting that a registered entity:

(i) may have contravened a provision of this Act; or

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

(b)    the information to be disclosed consists only of some or all of the following:

(i) the identity of the entity;

(ii) whether or not the Commissioner is carrying out a recognised assessment activity in relation to the entity;

(iii) any other information that is already available to the public; 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; or

(iii) significant harm to the public trust and confidence in the Australian not-for-profit sector, or to a part of the sector; 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 .

150-51(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 any contravention or non-compliance suggested by the information mentioned in paragraph (3)(a) and the strength of the evidence (if any) of the contravention or non-compliance available to the Commissioner; and

(i)    whether any contravention or non-compliance suggested by the information 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.