Test an organisation against the public benevolent institution description
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the governing document and the activity description the lawyer supplies, set the facts against the three elements the Commissioner's Interpretation Statement uses: public, benevolent, and institution. Public, on the statement, turns on an appreciable section of the community and on the organisation not being part of or controlled by government. Benevolent, on the statement, is organisation, conduct or promotion for the relief of poverty, sickness, destitution, helplessness, suffering, misfortune, disability or distress. Institution, on the statement, is a body conducting activities for a purpose, and is not met by a mere fund or a mere trust; incorporation alone is not enough. Do not conclude that the organisation is a public benevolent institution.
- What the lawyer must review
- The lawyer decides whether each element is met, including the statement's separate questions on advocacy, prevention, fees and commercial activities, and whether the organisation is already a registered charity. Registration as a charity is required before the subtype.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the governing document and the activity description the lawyer supplies, set the facts against the three elements the Commissioner's Interpretation Statement uses: public, benevolent, and institution. Public, on the statement, turns on an appreciable section of the community and on the organisation not being part of or controlled by government. Benevolent, on the statement, is organisation, conduct or promotion for the relief of poverty, sickness, destitution, helplessness, suffering, misfortune, disability or distress. Institution, on the statement, is a body conducting activities for a purpose, and is not met by a mere fund or a mere trust; incorporation alone is not enough. Do not conclude that the organisation is a public benevolent institution. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check the beneficiary class against the statement's 'appreciable section of the community' test, including criteria unrelated to the need being relieved.
- Do not treat prevention, education or advocacy as benevolent relief unless the lawyer has applied the statement's sections on those topics.
- Confirm the organisation is more than a fund that only manages money and makes distributions, and that it is not a government entity.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.