Simon Birmingham (SA, Liberal Party, Minister for Finance) Share this | Hansard source

I thank Senator Griff for his question. Indeed I do understand that the review of the ACNC legislation concluded that the secrecy provisions of the act are overly restrictive and should be amended to allow the commissioner to disclose information in a wider range of circumstances, including to protect public trust and confidence in the sector. The review went on to state that the ACNC's inability to make any comment, in respect of whether it is or is not undertaking an investigation in respect of a complaint against a registered entity, is harmful to the perception of the ACNC as an effective regulator.

The government released its response to the ACNC legislation review on 6 March 2020, I understand, and has agreed to recommendation 17 of the review, which will provide the commission with the discretion to disclose information about regulatory activities, including investigations, when it is necessary to protect public trust and confidence in the sector. The Treasury is currently engaging with the ACNC and will prepare advice for the minister on how to progress the necessary legislative changes to give effect to that government agreement to the recommendation.