The Australian Charities and Not-for profits Commission has published an updated version of its Commissioner’s Interpretation Statement on Public Benevolent Institutions.
This follows extensive consultation with the charity sector, and legal and professional advisers. The updated Commissioner’s Interpretation Statement (CIS) explains the ACNC view of how a Public Benevolent Institution is defined, and how the ACNC will apply that definition when it considers applications for charity registration with that charity subtype. The updated CIS also takes into consideration the 2024 judgement of the Full Court of the Federal Court on Equality Australia’s PBI status.
Importantly, and in line with the Full Federal Court decision, the PBI CIS makes clear that the ordinary meaning of Public Benevolent Institution will continue to evolve over time, and that the Commissioner takes a contemporary approach and will consider contemporary ways organisations look to relieve benevolent needs.
ACNC Commissioner Sue Woodward AM noted that the term Public Benevolent Institution isn’t defined by legislation, which makes the ACNC interpretation especially important. There will always be grey areas – the ACC will look at each application on its particular facts and take a holistic view of the circumstances.
To view the ACNC Commissioner’s Interpretation Statement on Public Benevolent Institutions, click here.
To view a compendium of issues raised through stakeholder submissions and consultation, alongside an outline of ACNC responses, click here.