MacKillop Family Services Act 1998 (Vic)

Version No. 002

MacKillop Family Services Act 1998

No. 69 of 1998

Version as at 23 November 2007

TABLE OF PROVISIONS

Section  Page

1Purposes

2Commencement

3Definitions

4Trustees may arrange for transfer of certain property to MacKillop

5Certain gifts, trusts, etc. not to fail

6Pooled investment of trust funds

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SCHEDULE—Agencies and Charitable Purposes

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 002

MacKillop Family Services Act 1998

No. 69 of 1998

Version as at 23 November 2007

Preamble

MacKillop Family Services Limited (MacKillop) was incorporated under the Corporations Law of Victoria on 28 April 1997 to undertake the management and control of certain child, youth and family care services conducted in Victoria by or under the auspices of—

(a)the Christian Brothers St Patricks Province Australia (Christian Brothers); and

(b)the Melbourne Congregation of the Institute of the Sisters of Mercy of Australia (Sisters of Mercy); and

(c)the Sisters of St Joseph of the Sacred Heart of the Victorian Province (Sisters of St Joseph).

It is expedient to provide for the vesting in MacKillop of certain property given for charitable purposes to the Christian Brothers, Sisters of Mercy and Sisters of St Joseph or certain agencies in connection with those services.

The Parliament of Victoria therefore enacts as follows:

1Purposes

The purposes of this Act are—

(a)to make provision for the vesting in MacKillop of certain property given for charitable purposes; and

(b)to provide that certain gifts and trusts for charitable purposes do not fail but have effect as if made or declared to or in favour of MacKillop; and

(c)to enable MacKillop to establish investment pools for the collective investment of trust funds for charitable purposes.

2Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

3Definitions

In this Act—

agency, in relation to a Congregation, means—

(a)a person or body (whether incorporated or unincorporated) specified in column 1 of the Schedule that, before 1 July 1997, conducted one or more of the charitable purposes specified in column 2 of the Schedule;

(b)a person or body (whether incorporated or unincorporated) that conducted a charitable purpose referred to in paragraph (a) before it was conducted by the person or body referred to in that paragraph;

Congregation means—

(a)the Christian Brothers St Patricks Province Australia;

(b)the Melbourne Congregation of the Institute of the Sisters of Mercy of Australia;

(c)the Sisters of St Joseph of the Sacred Heart of the Victorian Province;

MacKillop means MacKillop Family Services Ltd A.C.N. 078 299 288;

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

will includes a codicil and any testamentary disposition.

4Trustees may arrange for transfer of certain property to MacKillop

The trustee of property given for a charitable purpose of a Congregation or an agency of a Congregation, may, with the agreement of MacKillop, transfer the property to MacKillop as trustee to be applied by MacKillop for a charitable purpose that corresponds with, or is similar to, the charitable purpose for which the property was given.

5Certain gifts, trusts, etc. not to fail

If, before, on or after the commencement of this Act—

(a)a gift, disposition or trust of property has been or is made or declared or is deemed to have been made or declared; or

(b)a trust fund has been or is created—

(whether by deed, will or otherwise) to, in favour of, for the use of, or for a charitable purpose of, a Congregation or an agency of a Congregation, the gift, disposition or trust takes effect, or may take effect, or the trust fund may be applied, on or after that commencement as if made or declared to, or created in favour of, MacKillop for a charitable purpose of MacKillop that corresponds with, or is similar to, the charitable purposes of the Congregation or agency for which the gift, disposition or trust was made or declared or the trust fund was created.

6Pooled investment of trust funds

MacKillop may establish one or more investment funds for the collective investment of any money held on trust by it for different charitable purposes and may distribute income from each such fund rateably among the several charitable purposes for which the money so invested is held and any loss arising from any such investment must be likewise borne rateably.

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SCHEDULE

AGENCIES AND CHARITABLE PURPOSES

Column 1

Agency

Column 2

Charitable Purpose

Mercy Family Care Centre, North Geelong (previously conducted under the name of St Catherine's under the auspices of the Sisters of Mercy)

The provision of care and education for girls, children and families whether at Newtown, Highton or North Geelong

St Anthony's Family Service, Footscray (conducted under the auspices of the Sisters of St Joseph)

The provision of care and education for children and families whether at Kew or Footscray

St Augustine's Adolescent and Family Services, Geelong (whether conducted under the auspices of the Christian Brothers or the Sisters of Mercy)

The provision of care and education for boys and girls whether at Highton, Newtown, Whittington or Geelong

St Joseph's Babies and Family Services, Glenroy (conducted under the auspices of the Sisters of St Joseph)

The provision of care for infants, children and pregnant women whether at Broadmeadows, Carlton or Glenroy

St Joseph's Homes for Children, Flemington (whether conducted under the auspices of the Christian Brothers or the Sisters of St Joseph)

The provision of care and education for children whether at Surrey Hills or Flemington

St Vincent's Boys' Home, South Melbourne (whether conducted under the auspices of the Christian Brothers or the Sisters of Mercy)

The provision of care and education for boys or for boys and girls

St Vincent de Paul Child and Family Services, Black Rock (conducted under the auspices of the Sisters of Mercy)

The provision of care and education for girls or for boys and girls

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ENDNOTES

1.     General Information

Minister's second reading speech—

Legislative Council: 7 October 1998

Legislative Assembly: 22 October 1998

The long title for the Bill for this Act was "A Bill relating to MacKillop Family Services Ltd and for other purposes."

The MacKillop Family Services Act 1998 was assented to on 4 November 1998 and came into operation on 4 November 1998.

2.     Table of Amendments

There are no amendments made to the MacKillop Family Services Act 1998 by Acts and subordinate instruments.

3.     Explanatory Details

No entries at date of publication.