150‑52 Exception—disclosure of informati150‑52 Exception—disclosure of information relating to recognised assessment activity

#### 150‑52 Exception—disclosure of information relating to recognised assessment activity (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. (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 (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. (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.