The Australian Charities and Not-for-profits Commission (ACNC) has just updated its Commissioner’s Interpretation Statement on Public Benevolent Institutions (PBIs) – a key document that explains how the ACNC decides whether an organisation qualifies as a PBI. 

This update follows the recent Federal Court decision in Equality Australia Ltd v Commissioner of the ACNC and brings some important changes that could open new doors for charities and not-for-profits. 

Why this matters 

If your organisation does advocacy, prevention, or systems-change work, these updates might mean you can now qualify as a PBI, even if you didn’t before. 

Here’s a quick overview of what’s new: 

• Broader eligibility: Charities involved in prevention or advocacy may now meet the definition of a PBI. 

• Clearer guidance: The ACNC has explained what kinds of evidence (including lived experience) can support your PBI application. 

• More confidence for existing PBIs: There’s now greater clarity on when advocacy or preventative work is acceptable under the PBI model. 

Key updates at a glance 

• A more flexible definition: The meaning of “benevolent relief” continues to evolve and the ACNC is recognising more contemporary ways of providing it. 

• Advocacy and campaigning: Advocacy can now play a central role in a PBI’s activities, provided it supports benevolent outcomes. 

• Preventative activities: Work that prevents or addresses the root causes of need can qualify — as long as it’s directed to people in need (or at risk of it), not the general community. 

• Connecting the dots: Organisations focusing on indirect or preventative work will need to show how their activities clearly link back to their benevolent purpose. 

• Using lived experience: The ACNC now welcomes insights and stories from people with lived experience as valid evidence. 

• Real-world examples: The updated guidance includes fresh examples of what does and doesn’t fit the PBI definition. 

You can read the full update here: Commissioner’s Interpretation Statement: Public Benevolent Institutions 

If you’re wondering how these changes could impact your structure, funding, or charitable status, our team can walk you through what it means for your organisation.