Good governance means investing for impact, not just investing safely
Posted on 27 May 2026
The CEO of Save the Children Global Ventures, Paul Ronalds, says new ACNC guidance on how charities…
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 27 May 2026
The CEO of Save the Children Global Ventures, Paul Ronalds, says new ACNC guidance on how charities…
Posted on 27 May 2026
At the Community Council for Australia’s (CCA’s) annual general meeting in Parliament House on…
Posted on 27 May 2026
Maria Owen is the CEO of ImpactLab, a New Zealand social enterprise that analyses data for…
Posted on 27 May 2026
The executive director of the National Artificial Intelligence Centre (NAIC), Lee Hickin, says he…
Posted on 27 May 2026
While media headlines are dominated by commercial radio names such as Kyle Sandilands and Jackie O,…
Posted on 20 May 2026
It is not really a surprise that we have trouble getting our heads around what the rise of…
Posted on 20 May 2026
A Movember Institute academic, Dr Krista Fisher, has achieved a world first by creating a unique…
Posted on 20 May 2026
After a long corporate fashion career, Karina Bruce is the CEO of Dress for Success, the Victorian…
Posted on 20 May 2026
A highlight of National Volunteer Week is set to occur tonight when the inaugural Australian…
Posted on 20 May 2026
The United Nations has put Australia’s federal and state governments on notice over systemic and…
Posted on 19 May 2026
Charities Minister Andrew Leigh says the federal government plans to further simplify the process…
Posted on 18 May 2026
Community Directors has refreshed the ultimate guide for not-for-profit treasurers.