Equality Australia Ltd and Commissioner of the Australian Charities and Not-for-profits Commissioner

Equality Australia Ltd (EAL) sought registration as a Public Benevolent Institution (PBI) with the Commissioner of the Australian Charities and Not-for-profits Commissioner. EAL was already registered as a charity for advancing public debate by promoting or opposing changes to law, policy, or practice. The dispute concerned whether EAL's activities qualified it for the additional subtype of PBI, which requires an organisation to be organised or conducted for the relief of distress. The Administrative Appeals Tribunal heard the matter.

The Tribunal was required to determine whether EAL was entitled to be registered as a PBI, specifically whether its activities provided sufficient relief to persons in need. This involved considering whether members of the LGBTIQ+ community constitute persons in need of benevolence and whether EAL's actions provided such relief. The Tribunal also had to assess the connection between EAL's advocacy for reform and the traditional understanding of benevolence, even accounting for its evolution.

The Tribunal reasoned that while the concept of PBI is not strictly confined to the relief of poverty or homelessness and can encompass human rights, an entity's activities must have a sufficiently direct connection to the benevolent ends it pursues. The Tribunal found that EAL's primary focus on advocating for reform and change, while potentially benefiting the LGBTIQ+ community, was too removed from the traditional concepts of benevolence to justify PBI registration for the period under review. The Tribunal noted that EAL remained eligible for registration as a charity for advancing public debate and left open the possibility of future eligibility for PBI status should its foreshadowed activities align more directly with benevolent relief.

The Tribunal affirmed the Commissioner's decision not to register EAL as a Public Benevolent Institution for the relevant period.