Public Benevolent Institutions for Native Title Groups: An Underappreciated Model?

Abstract

There has been limited research into the relevance of public benevolent institutions (‘PBI's) to the management of native title benefits. Despite this omission, a new, tax-effective, structure was proposed in 2013, being the ‘Indigenous Community Development Corporation’ (‘ICDC’). PBI characterisation is also becoming more relevant as native title determination numbers increase, such that there is a suitable and interested body, the prescribed body corporate (‘PBC’) that can pursue a variety of functions in fulfilling its statutory duties and in seeking to realise the economic, social and cultural objectives of Indigenous groups. This article asserts that a purpose of addressing Indigenous disadvantage is a PBI purpose and that it permits a broad range of activities in order to meet that end. Accordingly, PBI status should be available for many PBCs and other benefits management structure institutions. As a result, the proposed grounds for introducing the ICDC are significantly less compelling and it is argued that a more cautious approach is warranted, being one that better recognises ICDC limitations and that does not over-emphasise the potential benefits.