The Albanese Government has opened public consultations on proposed amendments to secrecy provisions which presently limit the ability of the charities commission to disclose investigations to the public.
The exposure draft released today amends the Australian Charities and Not-for-profits Commission Act 2012 to allow the charities commission to disclose whether it is investigating alleged misconduct by a charity, subject to a safeguard of a public harm test.
The public harm test is intended to balance the benefits of enhanced transparency with potential reputational risks to charities and the need to ensure personal and confidential information is handled appropriately.
The Government welcomes feedback from stakeholders on the draft legislation and explanatory materials. Consultation will remain open for submissions until 16 October 2023.
The draft legislation and further guidance on the consultation process is available on the Treasury website.