Sometimes your registered organisation receives a report of disclosable conduct, but you are unable, or it is inappropriate, to investigate the matter or you consider it sufficiently serious that it should be reported to the regulator.
The organisation's designated official or manager should ask the person to report the matter to an appropriate agency (depending on the nature of the conduct) or to us.
You can also ask for the person's consent to report the matter to a relevant agency or us on their behalf.
Matters we accept
We can consider complaints about alleged disclosable conduct relating to:
- mishandling of organisation funds
- misconduct by officers in their officer duties (particularly in relation to financial management)
- non-compliance with provisions regarding elections, financial reporting, record keeping and the financial disclosure requirements of the legislation
- a suspected contravention of any other provision of the RO Act, the Fair Work Act 2009, the Competition and Consumer Act 2010 or an offence under a Commonwealth law.
When we receive a report relating to disclosable conduct, we will assess the matter to confirm it meets the definition of a protected disclosure under the RO Act.
Investigating the matter
If the matter concerns disclosable conduct, it will be allocated to one of our authorised officials or another prescribed agency to investigate.
The timeframes for the Commission or another agency to deal with a protected disclosure are within:
- 14 calendar days of receiving the disclosure, the agency must allocate the disclosure to an authorised official
- 90 calendar days of the disclosure being allocated, the investigation must be completed, unless the General Manager grants an extension of time.
The authorised official may request further information from the discloser, the registered organisation or from other parties.
The registered organisation will usually be notified of the outcome of the investigation, particularly if it is required to undertake further action.