🇦🇺ACNC3D

Form 3D Disclose perceived or actual material conflict of interest

Form 3D is an official form from the ACNC used to disclose perceived or actual material conflicts of interest for charities and not-for-profits registered with the commission. This form should be used when a charity's representatives have interests that could potentially conflict with their duties to the organization.

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Form Overview

Form 3D Disclose perceived or actual material conflict of interest

The form captures information about the nature of the conflict of interest, the people involved, how it was identified, and what steps have been taken to manage or resolve the conflict.

Risk Radar

The most common mistake is not recognizing that conflicts can be 'perceived' as well as actual.
Failing to disclose conflicts in a timely manner
Not properly documenting how conflicts are managed
Underestimating what constitutes a 'material' conflict
Not updating the form when conflicts change or are resolved

Plain English

This form helps charities be transparent when someone involved with the organization has a personal or professional interest that might influence their decisions. It's about being open and honest with the ACNC about situations where someone's personal interests could potentially affect their work for the charity.

Submission Date

Form 3D should be submitted as soon as a conflict is identified, with no specific deadline other than prompt disclosure to maintain transparency.
Preparation window: collect IDs, supporting records, and signatures in advance.
Final review: verify names, dates, and required fields before submission.

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Glossary Terms

resolve actual taken

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Quick Facts

Board members, directors, trustees, and key personnel of charities registered with the ACNC need to file this form when they have a material conflict of interest.

The form captures information about the nature of the conflict of interest, the people involved, how it was identified, and what steps have been taken to manage or resolve the conflict.

Submit this form as soon as a material conflict of interest is identified or perceived, or when requested by the ACNC during their regular compliance checks or audits.

Form 3D should be submitted through the ACNC Charity Portal, which is accessible online through the ACNC website.

Submitting this form correctly helps maintain transparency and public trust in the charity sector, while errors or delays could lead to regulatory scrutiny or questions about governance practices.

First, identify any material conflicts of interest among board members or key personnel. Next, complete the form with details about the conflict, including parties involved and any mitigation strategies. Finally, submit the form through the ACNC Charity Portal and keep a copy for your records.

What this form is for

• Use when a board member has financial interests that could affect charity decisions
• Use when staff or trustees have personal relationships with suppliers or contractors
• Use when someone's external role could influence their charity responsibilities
• Use when requested by the ACNC during compliance activities
• Use when conflicts arise that weren't previously disclosed

Use this form or another form?

Situation	Likely form	Why it matters	Check before you continue
Situation	Likely form	Why it matters	Check before you continue
Annual reporting	Form 5 or 6	Different reporting requirements	Verify which form matches your reporting period
Change in charity details	Form 3	Different purpose for structural changes	Ensure you're reporting the right type of change
Financial irregularities	Form 3A	Different focus on financial issues	Confirm if this is about governance or financial matters
Compliance concerns	Form 3C	Different focus on compliance issues	Ensure you're addressing the right concern

Deadline or filing window

Form 3D should be submitted as soon as a conflict is identified, with no specific deadline other than prompt disclosure to maintain transparency.

Before you submit

• All relevant parties have been identified
• The nature of the conflict is clearly described
• Mitigation strategies have been documented
• The form has been completed in full
• A copy has been kept for organizational records
• The form has been submitted through the correct ACNC portal

How to file this form

1Identify the material conflict of interest
2Gather details about all parties involved
3Complete all sections of Form 3D
4Document any mitigation strategies
5Submit through the ACNC Charity Portal
6Keep a copy for your records
7Follow up with ACNC if confirmation is not received

Known limitations

• This form does not provide legal advice on conflicts of interest
• It may not cover all types of conflicts in specialized sectors
• The form doesn't automatically resolve conflicts - management strategies are still required
• Digital submission requires access to the ACNC Charity Portal
• Not all conflicts may require this specific form - check guidelines

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Current Form Status

Not confirmed in official source.

Agency: Australian Charities and Not-for-profits Commission