Charity secrecy reform, deregistration and finalised investigations

Treasury opened a consultation, referenced c2026-744366, on proposed reform to the secrecy provisions that currently limit what the Australian Charities and Not for profits Commission can disclose about charities that have been deregistered or that have been subject to a finalised investigation. The consultation was published on 7 September 2026 with submissions due by 2 October 2026.

The ACNC Act currently restricts disclosure of protected information, including information relating to investigations, subject to limited exceptions. An earlier reform in 2023 allowed the Commissioner to authorise disclosure about an ongoing investigation where disclosure would prevent or minimise a risk of significant harm, subject to a public harm test. This consultation concerns a further, separate step, extending the regulator's ability to disclose information once a deregistration has occurred or an investigation has concluded, rather than only during an ongoing matter.

The proposal would affect how much information becomes publicly available about a charity's compliance history after a regulatory process has ended, which is relevant to the governance disclosures and public standing of not for profit entities. The consultation has not concluded and no legislative change has yet been made, so the current, more limited secrecy settings continue to apply pending the outcome of the process.