cookieless user clicks tracker

Last Updated 10 October 2025


Navigating the world of not-for-profits can be complex, but understanding the different types of charitable structures is key to maximizing your organization’s impact. One of the most significant classifications in Australia is the Public Benevolent Institution, or PBI. For organizations dedicated to directly helping those in need, achieving PBI status can unlock crucial benefits, including significant tax concessions that boost fundraising capabilities. This article breaks down what a PBI is, the requirements for registration in 2025, and the advantages that come with this status.

What is a Public Benevolent Institution (PBI)?

A Public Benevolent Institution is a specific type of charity registered with the Australian Charities and Not-for-profits Commission (ACNC). Its main purpose is to provide relief to people in need. The name itself is a legal term, and each word carries specific weight. To qualify, an organization must be ‘public’, ‘benevolent’, and an ‘institution’.

  • Public: This refers to the people the charity serves. Generally, the ACNC requires the organization to have public accountability and control, often demonstrated by receiving public funds or having a connection with the government. An entity run by a small, related group of people is less likely to meet this test unless it can show it benefits a wide class of individuals and receives public funding.
  • Benevolent: This is the core of a PBI. It means the charity’s primary goal is to relieve a specific need. The need must be serious enough to arouse compassion from the community. It has to be a concrete, significant issue that goes beyond the normal struggles of daily life—something people can’t easily recover from on their own. For example, providing job training is not inherently benevolent, but a program that provides training specifically for long-term unemployed individuals or people with disabilities would be. Examples of benevolent work include providing crisis accommodation for the people experiencing homelessness, supporting refugees, or running not-for-profit aged care facilities.
  • Institution: This means the organization is an established entity with a clear structure and purpose. It’s more than just an idea; it’s a functioning body that actively works to achieve its goals.

What Are The Requirements to Becoming a PBI in 2025?

Registering as a PBI in 2025 requires meeting a clear set of criteria established by the ACNC. The core requirements remain consistent, focusing on your organization’s structure, purpose, and activities.

First and foremost, your organization must already be eligible to register as a charity under the ACNC Act. From there, you must prove that you meet the three key elements of being a PBI:

  1. Demonstrate you are ‘Public’: Your organization must show that it is publicly controlled and accountable. Having fewer than three related individuals in charge can be a red flag unless you have broad community support and public funding.
  2. Prove your purpose is ‘Benevolent’: Your charity’s main objective must be providing relief to people in genuine need. It’s not enough to simply promote general social welfare. Identify a specific group facing significant hardship, poverty, or distress and show how your services will relieve that need. This relief can be provided directly by your organization or through partnerships with other groups that share your benevolent objectives.
  3. Establish that you are an ‘Institution’: A new charity must prove it is more than just a concept. If you want to be seen as an institution, show concrete plans to begin operating within your first year. Provide the ACNC with a business or strategic plan that details your proposed activities, required resources, personnel, and financial projections. The ACNC may follow up within 12 months to confirm you have put those plans into action.

Are There Tax Benefits?

Yes, the tax benefits are one of the most compelling reasons to register as a PBI. Eligible PBIs can access a range of powerful tax concessions from the Australian Taxation Office (ATO) that are not available to all charities.

The most significant advantage is that PBIs are generally eligible for Deductible Gift Recipient (DGR) status. When the ATO assesses your PBI application, it will also automatically assess you for DGR endorsement.

If approved, DGR status allows donors to claim a tax deduction for the donations they make to your organization. This is a major fundraising incentive, as it encourages greater generosity from the public.

In addition to DGR status, registered PBIs can also apply for other key Commonwealth tax concessions available to charities, including:

  • Income tax exemption and franking credits.
  • Goods and Services Tax (GST) concessions.
  • Fringe Benefits Tax (FBT) rebates.

Next Steps to Becoming a PBI

Becoming a Public Benevolent Institution is a valuable goal for any not-for-profit dedicated to alleviating distress and hardship in the community. The path to PBI registration requires careful planning and a clear understanding of your organization’s purpose and structure.

If you believe your organization meets the criteria, the next step is to prepare your documentation thoroughly. This includes developing a comprehensive business plan and gathering evidence to support your claims of being public, benevolent, and an institution.

Navigating the legal requirements for ACNC registration and ATO endorsement can be intricate. Seeking professional advice from lawyers or consultants specializing in charity law, like our team at Birchgrove Legal, is highly recommended to ensure your application is strong, compliant, and positioned for success. Contact us today.

Birchgrove Legal is a boutique Sydney law firm that specialises in the not-for-profit sector. Its market-leading practice is at the cutting edge of innovative approaches to serving NFP sector organisations across the spectrum of entity types. Get in touch with one of our authors to discuss your needs further.

Our Not-for-profit Sector Experts

Claim Your FREE 15-Minute Consultation Call With Us!

Fill in the form below to book a 15-minute, no obligation consultation call with us.

By providing your details, you agree to receive updates, resources, and occasional marketing emails from Birchgrove Legal. Your information will be handled in accordance with our Privacy Policy, and you can unsubscribe at any time.