Disclosure obligations

Registered organisations, branches and officers must disclose information about relevant remuneration and non-cash benefits of office holders and payments made to related parties and declared persons or bodies to the Registered Organisations Commission (the ROC) and their members. This is called an officer and related party disclosure statement.

A template statement is available to assist organisations with making these disclosures.

What to disclose

Office holders must disclose to the organisation or branch:

  • details of remuneration from certain boards and related parties, and
  • information about material personal interests in the affairs of the organisation or branch.

A registered organisation and its branches must prepare an officer and related party disclosure statement which discloses:

  • the identity of the office holders ranked no lower than fifth by remuneration paid to them in the previous financial year, including remuneration from certain boards and related parties
  • the relevant remuneration of the top ranked office holders
  • the value and type of non-cash benefits received by the top ranked office holders, and
  • payments made by the organisations or branch to related parties and declared persons or bodies.

There are some exceptions to the requirement to disclose. To find out more about the disclosure obligations of officers, organisations and branches please see our Guidance Note for disclosures required by office holders (PDF 747KB) and our Guidance Note for disclosures required by organisations and branches (PDF 357.6KB).

A registered organisation can apply to the ROC for an alternative disclosure arrangement in certain circumstances. To find out more about alternative disclosure arrangements please see the Disclosures Fact Sheet (PDF 301.8KB).

When to disclose

Office holders should disclose remuneration and new material personal interests as quickly as possible. Alternatively a standing notice can be made.

Organisations and branches must create an officer and related party disclosure statement as soon as practicable after the end of the financial year. It must be provided to members and a copy lodged with the ROC within six months of the end of the financial year.

Failure to make the disclosures in accordance with the required timeframes can attract fines.

How to disclose

You can use our Officer and Related Party template form (DOCX 28.2KB). To lodge with the ROC email the statement to regorgs@roc.gov.au.

ROC's risk-based approach to the assessment of officer and related party disclosure statements

The ROC has a risk-based approach to the assessment of officer and related party disclosure statements. The risk-based approach allows the ROC to effectively manage the disclosure obligation requirements and efficiently use resources to help registered organisations comply.

The risk-based approach will commence with ORP statements for financial years ending 30 June 2019.

The majority of officer and related party disclosure statements are given a primary assessment each year. The assessment focuses on key elements of compliance including that the statement was signed by an officer and lodged on time. Over a five year period from 2019, every organisation and branch will be checked through at least one advanced checklist. An advanced assessment of the officer and related party disclosure statement is a more comprehensive review which thoroughly evaluates compliance with the requirements of the Fair Work (Registered Organisations) Act 2009. Identified patterns of non-compliance may trigger more than one advanced assessment over the five year period.

To assist organisations and branches to understand how the ROC assesses officer and related party disclosure statements, the primary checklist (DOCX 162.7KB) and advanced checklist (DOCX 175.1KB) are available to download.

The risk-based approach means that the ROC focuses regulatory activity and public resources more efficiently and effectively by ensuring each organisation and branch is subject to review based on the level of associated risk.

Webinars

The ROC has recorded two webinars on the requirement for organisations and branches to complete an officer and related party disclosure statement:

Officer and Related Party Disclosures – Webinar

Refresher for Officer and Related Party Disclosures – Webinar

Learn more

To learn more about disclosure requirements and possible exemptions, please contact the Registered Organisation Commission at regorgs@roc.gov.au, view the webinar or read the fact sheet.