Women already drive philanthropy in Australia – now She Gives wants them recognised
Posted on 11 Mar 2026
The founder and driving force behind the women’s philanthropic project She Gives, Melissa Smith,…
Posted on 22 May 2024
By Greg Thom, journalist, Institute of Community Directors Australia
UPDATED May 22, 2024: The long-running battle between Equality Australia and the Australian Charities and Not-for-profits Commission (ACNC) over Public Benefit Institution (PBI) status for charities has finally been heard by the Federal Court of Australia.
Justices Wheelahan, Hespe and Kennett presided over the appeal hearing on May 21 and have reserved their judgment in the case until a later date. Keep reading the Community Advocate for more updates as they come to hand.
The Australian Charities and Not-for-profits Commission (ACNC) has clarified its position on Public Benefit Institution (PBI) status for charities ahead of a pending court challenge with big tax implications for many organisations.
The regulator has published a new Decision Impact Statement (DIS) aimed at making clear the law on PBI "as it stands.”
The statement aims to clarify existing rules for the estimated 3200 PBIs in Australia, most of which benefit from special tax status.
Charities with PBI status may be eligible to be endorsed as deductible gift recipients (DGRs) by the Australian Taxation Office, allowing them to receive tax deductible donations.
The DIS makes clear the current law while the ACNC waits on the results of a Federal Court challenge.
The ACNC acknowledged those guidelines could change depending on the outcome of the court challenge by LGBTQI+ organisation Equality Australia, which is fighting to be classified as a PBI.
Equality Australia applied for PBI status to reflect the nature of its advocacy and to “streamline" donations.
To qualify, it needed to demonstrate “relief of distress” and show that members of its LGBTIQ+ community were “in need of benevolence.”
The ACNC earlier this year rejected the organisation’s bid to change its existing charity sub-category from “advancing public debate”.
The ACNC ruled Equality Australia had a “non-benevolent” purpose of engaging in advocacy to agitate for law reform and social change.
Equality Australia appealed the decision, but the Administrative Appeals Tribunal (AAT) ruled in favour of the ACNC, prompting Equality Australia to take the matter to the Federal Court.
While that decision is pending, the decision impact statement adds to a “Commissioner's interpretation statement“ issued in August.
"The term ‘Public Benevolent Institution’ is not defined in legislation, so we welcome the opportunity for this issue to be tested in the Federal Court.”
The new ACNC Decision Impact Statement will apply until the Federal Court issues its judgment on the Equality Australia PBI case.
The statement said that the ACNC would “continue to determine whether an applicant is a PBI by undertaking a holistic analysis, taking account of the aims (or objects or purposes) it is set up to achieve, and the way it achieves those aims through its activities.”
The overriding consideration would be whether there was “a sufficient connection between a PBI’s purpose and activities and the benevolent ends it pursues.”
ACNC commissioner Sue Woodward said the new statement spelt out the current law.

“We note that the appeal to the Full Federal Court may provide further clarification of the law,” she said.
"The term ‘Public Benevolent Institution’ is not defined in legislation, so we welcome the opportunity for this issue to be tested in the Federal Court.”
Eligibility for DGR status continues to be a contentious issue in the charity sector.
During a recent ACNC regulator's day event, Associate Commissioner Krystian Seibert said questions about DGR status had been consistently raised during the Productivity Commission inquiry into philanthropy.
More information
Federal court stoush looms over PBI status
Posted on 11 Mar 2026
The founder and driving force behind the women’s philanthropic project She Gives, Melissa Smith,…
Posted on 11 Mar 2026
Footy is back, from rugby league in Las Vegas to Aussie Rules at the MCG, and you know what that…
Posted on 11 Mar 2026
Australia has offered asylum to members of the Iranian football team. That’s fine, but it does draw…
Posted on 11 Mar 2026
Applications are now open for the 2026 Joan Kirner Emerging Leaders Program, a fully funded…
Posted on 10 Mar 2026
Despite having a high-powered day job as a partner with Gilbert + Tobin, lawyer Catherine Kelso…
Posted on 10 Mar 2026
Australia’s future is being shaped right now in our migration and settlement systems. But too…
Posted on 04 Mar 2026
The federal government has announced its decision on the percentage of assets that giving funds…
Posted on 04 Mar 2026
Australia’s for-purpose enterprise supporting Indigenous-owned businesses announced a record $5.83…
Posted on 04 Mar 2026
Hannah Nichols is the environmental, social and governance (ESG) lead at Australian Red Cross and a…
Posted on 04 Mar 2026
Major workflow software company Atlassian has announced it is offering its Teamwork Collection of…
Posted on 04 Mar 2026
In all charities and NFPs – big and small – annual budgeting brings with it a degree of…
Posted on 04 Mar 2026
New research from Diversity Council Australia (DCA) has found that even as one in four workers…