From ‘No Irish need apply’ to the AFL Grand Final
Posted on 30 Sep 2026
After the biggest AFL game of the year, one player proudly wore the flag of his birth country and…
Posted on 03 Aug 2023
By Greg Thom, journalist, Institute of Community Directors Australia
ACNC Commissioner Sue Woodward said the regulator welcomed the chance to test the definition of the public benevolent institution (PBI) charity sub-category in the Federal Court.
She said a ruling would provide more clarity for charities and the regulator around the contentious topic.
The Administrative Appeals Tribunal (AAT) recently affirmed an ACNC decision to refuse PBI status – which allows registered charities to claim tax deductions for donations - to Equality Australia.
According to the ACNC website, a charity registered as a PBI can apply for a range of Commonwealth tax concessions, including:
They may also be eligible to be endorsed as a deductible gift recipient (DGRs) by the Australian Taxation Office.
Equality Australia is currently registered as a charity under a different sub-type known as "advancing public debate' but is appealing the AAT ruling in the Federal Court on a date yet to be fixed.
Ms Woodward said defining PBI status was important to the sector.
"We welcome the opportunity for this issue to be tested in the Federal Court,” she said.
“As we raised in our submission to the Productivity Commission inquiry into Philanthropy, the term ‘Public Benevolent Institution’ is not defined in legislation and there remains an opportunity for clarification of the term.
“This is a challenge for charities applying for this subtype and the associated benefits, and for us as the regulator in deciding if a charity meets the description of a PBI.”

Ms Woodward said tax benefits and concessions assist charities in their fundraising efforts, but those benefits are not assigned to all types of charities.
“The appeal is an opportunity for further clarification of the law.”
Equality Australia appealed the original ACNC decision to the AAT which in a split decision, ruled in favour of the regulator on June 30.
At the heart of the dispute are questions around whether Equality Australia is entitled to be registered as a PBI organisation for the “relief of distress” and whether members of the LGBTIQ+ community are persons in need of “benevolence.”
The ACNC argued in the AAT that the activities of Equality Australia were conducted to achieve changes to laws and government policies that apply to all LGBTQIA+ people.
The regulator said this does not constitute the direct and immediate relief to people suffering poverty, sickness, destitution, helplessness, misfortune, or distress which is required for an entity to be a PBI.
The ACNC also believed that Equality Australia’s political advocacy and lobbying activities disqualified it from being a PBI.
More information
Posted on 30 Sep 2026
After the biggest AFL game of the year, one player proudly wore the flag of his birth country and…
Posted on 30 Sep 2026
There's been a lot of talk about AI this week, and some of it has been frightening. So, is AI good…
Posted on 30 Sep 2026
Personal stories are among the most powerful tools a charity can have to raise funds and awareness,…
Posted on 30 Sep 2026
More than 200 fully funded Centre for Social Impact (CSI) scholarships will help equip for-purpose…
Posted on 30 Sep 2026
Not-for-profit leaders have been warned to be wary of approaches from potential “funding partners”…
Posted on 30 Sep 2026
At 21 years old, Tate Donohoe is the founder of Ecodia, an AI-assisted software development company…
Posted on 23 Sep 2026
There are solutions to counter the rise of One Nation but they might not be residing in the mess…
Posted on 23 Sep 2026
In his new book Our Place, policy expert Matt Lloyd-Cope argues that housing must be at the heart…
Posted on 23 Sep 2026
Eight years after a report to Treasury first suggested the charities regulator should be more…
Posted on 23 Sep 2026
A national strategy to develop Australia's regional cities is needed to break the housing…
Posted on 23 Sep 2026
Fresh from welcoming delegates to last week’s Philanthropy Australia conference in Brisbane,…
Posted on 23 Sep 2026
A just-released major global survey of charities has found that demand for charity assistance has…