What we can and cannot investigate

We can consider reports about conduct relating to allegations of:

• mishandling of organisation funds
• misconduct by officers in their officer duties (particularly in relation to financial management)
• non-compliance with legal requirements, e.g. regarding elections, financial reporting, record keeping and the financial disclosure requirements of the RO Act
• a suspected contravention, by a registered organisation, of the RO Act, the Fair Work Act 2009, the Competition and Consumer Act 2010 or an offence under a Commonwealth law. However, some suspected contraventions can only be dealt with by lodging an application with the relevant Commission, tribunal or court. Please see below for more details.

Consider carefully whether the issues you wish to raise are more appropriately handled by another body – please refer to the list below for guidance. This can prevent or minimise unnecessary delay.

When we receive a report about conduct, we will assess it to determine whether it is a protected disclosure as defined by the RO Act.

Sometimes we will advise you that the concerns cannot be investigated under the protected disclosure scheme but that there may be an alternative course of action available to you, e.g. lodging an application with a court, tribunal or other agency.

We do not have the jurisdiction to investigate reports about:

• The level or quality of service provided (or not provided) by a registered organisation to its members
• Conduct of officers that is not related to their obligations under the RO Act
• Conduct that only relates to a public or private company and has no relationship with a registered organisation
• Matters arising from an employment relationship (i.e. termination, redundancy, bullying, dispute about an enterprise agreement etc). If you believe there has been a contravention of the Fair Work Act 2009 in relation to one of these, please check if it is an issue where you need to lodge an application to have the matter dealt with by another part of the Commission

If we are unable to investigate your report, you may wish to check if one of the following government agencies can assist you. We are not affiliated with any of them and cannot guarantee that they can assist you.

Workplace issues 

Fair Work Ombudsman 

Workplace safety

SafeWork NSW 
WorkSafe Victoria 
Workplace Health and Safety Queensland – Office of Industrial Relations 
SafeWork SA 
WorkSafe WA 
WorkSafe ACT 
WorkSafe Tasmania 
NT WorkSafe 

Issues relating to taxation or non-payment of superannuation

Australian Tax Office (ATO) 

Issues relating to corporate entities or private employees

Australian Securities and Investments Commission (ASIC) 
Australian Charities and Not-for-Profits Commission (ACNC)