The Full Court of the Federal Court handed down its judgment today on Equality Australia Ltd’s eligibility to be registered as a Public Benevolent Institution (PBI).
The Court dismissed Equality Australia’s appeal regarding registration as a PBI.
ACNC Commissioner Sue Woodward AM said, “The term ‘Public Benevolent Institution’ is not defined in legislation. We welcome judicial consideration of this term and will be considering the judgment in the coming days.”
The Federal Court decision today does not alter Equality Australia’s charitable status – it remains a registered charity.
By way of background, Equality Australia Ltd has been registered as a charity with the ACNC since 2016, with the subtype ‘advancing public debate’.
In 2020, it applied to the ACNC to change this subtype to the PBI subtype.
The ACNC refused to register Equality Australia with the PBI subtype because the ACNC considered that the charity had an independent, non-benevolent purpose of engaging in advocacy to agitate for law reform and social change, and this purpose did not amount to benevolent relief to people in need.
The Administrative Appeals Tribunal (AAT) later upheld, by a 2-1 majority, the ACNC’s decision to refuse PBI registration. The AAT determined the charity was not a PBI, as it found that there was an insufficient connection between its activities and the benevolent ends it pursues.
Equality Australia then appealed the AAT’s determination to the Full Court of the Federal Court.
The matter was heard by the Full Court on 21 May 2024.