One Nation opposed granting Deductible Gift Recipient (DGR) tax status to Equality Australia.
The Labor government is ignoring rulings from the Administrative Appeals Tribunal and the Federal Court that found Equality Australia ineligible for DGR status.
Equality Australia is a political lobby group rather than a benevolent charity, which advocates for LGBTQ+ rights and gender-affirming care.
Typical of this Labor government, Senator Chisholm dismissed our concerns as political motivations.
There’s nothing political about protecting our children from harmful, irreversible treatments.
It’s about doing what’s right for our youth.
Transcript
Senator ROBERTS: I have some questions, as I implied before. We’re generally supportive, One Nation, of these superannuation modifications, except for what we see as dishonest provisions. In February’s Senate estimates hearings I asked the office of the Governor-General about Equality Australia, because Australia’s Governor-General is supposed to be neutral—to not take political positions. This leads to many questions of the government. Firstly, Minister, how is it that the Governor-General can be a patron of a political activist group, Equality Australia, that actively supports irreversible gender treatments for children—mutilation of children?
This is not about people’s support for Equality Australia, because that’s what is essentially happening by giving it DGR—deductible gift recipient—status. This is about the law and Equality Australia’s DGR status. My questions include: Why did assistant charities minister Mr Andrew Leigh intervene to give Equality Australia charity status when on three occasions the Administrative Appeals Tribunal and two Federal Court hearings had held that Equality. Australia was not established for a benevolent purpose and should not be entitled to deductible gift recipient status?
Deductible gift recipient status allows donors to claim tax deductions for donations. Why did the Labor government give Equality Australia a massive favour against the findings of the Administrative Appeals Tribunal
and the Federal Court’s full bench, on two occasions? Was it because the Governor-General is a patron of the activist group Equality Australia? Isn’t this a clear conflict of interest and a breach of the requirements of neutrality by the Governor-General?
The TEMPORARY CHAIR (Senator Kovacic): Senator Ghosh.
Senator Ghosh: I hesitate to interrupt my colleague, but I think it’s a contravention of the standing orders to cast aspersions on the motives of, or reflect disrespectfully on, the Governor-General of Australia.
The TEMPORARY CHAIR: Noted, thank you. Please withdraw, Senator Roberts, and refrain moving forward.
Senator ROBERTS: I withdraw.
The TEMPORARY CHAIR: Thank you.
Senator ROBERTS: Observing the government’s blatant contradiction of the law in giving DGR status — deductible gift recipient status—to Equality Australia in defiance of the Administrative Appeals Tribunal and two Federal Court hearings, I ask: Does the law mean nothing to this government? Is the lobby group Equality Australia, when it attacks Christian schools, acting in any way on behalf of the government? Is the lobby group acting on behalf of the government in any way when it supports children’s futile attempts to change sex? Essentially, what you’re doing, Minister, by giving Equality Australia deductible gift recipient status is asking taxpayers to subsidise the mutilation of children. Why are you going against the Administrative Appeals Tribunal and Federal Court rulings? We want to protect superannuants—adults—but not at the sacrifice of children.
Senator CHISHOLM: Thanks, Senator Roberts. My understanding, having just taken over this bill this morning, is that Senator Gallagher responded to similar statements that were put by Senator Whitten when this was last in committee stage. The government rejects the claims of Senator Roberts. All of the entities that are being provided with DGR status in the Treasury Laws Amendment (Supporting Choice in Superannuation and Other Measures) Bill 2025 were found to be legally ineligible for DGR status through routine channels. This prior ineligibility is the precondition for a government to consider applications for a specific listing. Let me be clear: all the entities that are being provided with DGR status through this bill have been supported in this way because, in spite of the benefits they bring to communities, they did not fit into the defined DGR categories. Our tax system is set up so that when this happens—and it has happened routinely since 1948—a government can decide that a charity, in spite of not fitting a specific DGR category, nevertheless warrants the support that DGR status provides. That’s what is part of this bill . There are other organisations that are recipients. It says a lot about One Nation that they are just singling out this group in particular for their political motivations.
Senator ROBERTS: I understand your response, Minister, but can you explain why the government is supporting a group that is a lobby group, an activist group, not a charity, as the Full Bench of the Federal Court ruled twice and as the Administrative Tribunal also ruled? Why are you supporting a lobby group, an activist group, that’s harming children and is not recognised as a charity?
Senator CHISHOLM: I disagree with Senator Roberts there. Contrary to false media reporting, Equality Australia is indeed a registered charity. Equality Australia has been registered as a charity under the ACNC Act since 4 January 2016. Specifically, Equality Australia has been registered as a charity with the subtype ‘advancing public debate’. Advancing public debate and engaging in public advocacy is a valid charitable purpose. Equality Australia is a registered and compliant organisation, meeting the required governance standards and making a significant contribution to Australian communities.
Senator ROBERTS: With respect, Minister, you didn’t answer my question. Why are you going against a Federal Court ruling on two occasions and an Administrative Appeals Tribunal ruling?
Senator CHISHOLM: I already answered that in the previous answer. The entities being provided with DGR status in the Treasury Laws Amendment (Supporting Choice in Superannuation and Other Measures) Bill 2025 were found to be legally ineligible for DGR status through routine channels. As I said before—let me be clear—all the entities that are provided with DGR status through this bill have been supported in this way because, in spite of the benefits they bring to communities, they did not fit into the defined DGR status. Our tax system is set up so that when this happens—and it does happen regularly and has occurred since 1948—a government can decide that a charity, in spite of not fitting a specific DGR category, nevertheless warrants the support that DGR status provides
