{"id":"brotherhood-st-laurence-incorporation-act-1971","name":"Brotherhood of St. Laurence (Incorporation) Act 1971","slug":"brotherhood-of-st-laurence-incorporation-act-1971","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173960,"registerId":"vic-brotherhood-st-laurence-incorporation-act-1971-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Brotherhood of St. Laurence (Incorporation) Act 1971","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nBrotherhood of St. Laurence (Incorporation)\nAct 1971\nAct No. 8188/1971\nVersion incorporating amendments as at 23 July 2001\nTABLE OF PROVISIONS\nSection Page\n1. Short title 4\n2. Definitions 4\n3. Brotherhood of St. Laurence to be a body corporate 5\n4. The Constitution 5\n5. Brotherhood to be successor in law of certain companies 6\n6. Vesting of property in Brotherhood 7\n7. Where property is under the operation of Transfer of Land\nAct 1958 7\n8. Wills 8\n9. Deeds etc. 9\n10. Properties held in trust 10\n11. Property and income of Brotherhood to be held and applied\ntowards objects of Brotherhood 11\n12. Saving 11\n13. Crown land at Eaglehawk in the County of Bendigo 11\n14. Chief General Manager to be consulted in certain cases 12\n__________________\nSCHEDULE—Constitution of the Brotherhood of St. Laurence 13\n═══════════════\nENDNOTES 28\n1. General Information 28\n2. Table of Amendments 29\n3. Explanatory Details 30\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nBrotherhood of St. Laurence (Incorporation)\nAct 1971\nAct No. 8188/1971\nVersion incorporating amendments as at 23 July 2001\nAn Act to dissolve St. Laurence Trust Proprietary Limited and\nSt. Laurence Industries Pty. Limited, to establish a Body\nCorporate to be called the Brotherhood of St. Laurence, to vest\ncertain Properties is such Body Corporate, and for other\npurposes.\nPreamble\nWHEREAS Gerard Kennedy Tucker a Clerk in\nHoly Orders of the Church of England in Australia\nin the year 1930 founded and became the Superior\nof a religious Order in the Church of England\ncalled and known as the Brotherhood of St.\nLaurence and such Order was inaugurated in\nNewcastle in the State of New South Wales on the\n8th day of December 1930:\nAND WHEREAS part of the said Order came to\nMelbourne in the State of Victoria in the year 1933\nand the remainder of the said Order came to\nMelbourne in the year 1934:\nAND WHEREAS originally the objects and work\nof the Order were religious in nature:\nAND WHEREAS from about the year 1935 the\nmajor part of the work of the said Order became\nthe alleviation of poverty and unemployment\namongst the poor and underprivileged parts of the\ncommunity in Melbourne and the relief of aged\nand infirm persons and other charitable works:\nAND WHEREAS such work attracted large\nnumbers of persons who gave voluntary assistance\nboth financial and otherwise:\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n2\nAND WHEREAS a company limited by shares\nand known as St. Laurence Trust Proprietary\nLimited was incorporated to hold property devised\nbequeathed or given to or in favour of the\nBrotherhood of St. Laurence to be devoted to its\ncharitable purposes:\nAND WHEREAS to facilitate the carrying out of\nworks in the name of the Brotherhood of\nSt. Laurence property both real and personal was\nvested in the said company:\nAND WHEREAS all the issued shares in the\ncapital of the said company are held in trust for or\non behalf of the Brotherhood of St. Laurence:\nAND WHEREAS a company limited by shares\nand known as St. Laurence Industries Pty. Limited\nwas incorporated to operate sheltered workshops as\npart of the charitable works carried out in the name\nof the Brotherhood of St. Laurence:\nAND WHEREAS councils and committees such as\nSt. Laurence Court (Bendigo), the Geelong\nCouncil for St. Laurence Park Lara and the\nBrotherhood of St. Laurence Geelong Salvage\nCommittee were formed to enable representation\nfrom the relevant localities:\nAND WHEREAS by Orders in Council which\npursuant to section 14 of the Land Act 1958 were\nrespectively published in the Government Gazette\non the 8th day of November, 1967 and on the\n29th day of April, 1970 Crown lands at Eaglehawk\nin the County of Bendigo were reserved for the\npurposes of establishing homes for the aged:\nAND WHEREAS by an appointment published in\nthe Government Gazette of the 10th day of\nJanuary, 1968 the Brotherhood of St. Laurence and\nby an appointment published in the Government\nGazette of the 3rd day of June, 1970 certain\npersons mentioned in the appointment were\nrespectively appointed as committees of\nmanagement of the respective lands for the said\npurposes:\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n3\nAND WHEREAS homes for the aged have been\nbuilt on some of the said land and are occupied by\naged persons:\nAND WHEREAS Gerard Kennedy Tucker is the\nonly surviving member of the Order known as the\nBrotherhood of St. Laurence:\nAND WHEREAS it is expedient that a body\ncorporate under the name of the Brotherhood of\nSt. Laurence should be incorporated and should be\ninvested with the powers and authorities\nhereinafter set forth and that the real and personal\nproperty held by the Brotherhood of St. Laurence\nand by the said limited liability companies should\nbe vested in the said body corporate established by\nthis Act:\nAND WHEREAS for the purposes aforesaid it is\nexpedient to dissolve the aforesaid limited liability\ncompanies:\nAND WHEREAS the said Brotherhood of\nSt. Laurence under its name as such or in the name\nof any institution or establishment conducted or\ncontrolled by it or in the name of one or both of the\naforesaid limited liability companies is or may be\nnamed as a beneficiary or cestui que trust in or has\nor may have powers duties and privileges imposed\nor conferred on it by wills declarations of trust\ndeeds settlements and other documents executed or\nmade before the passing of this Act:\nAND WHEREAS it is expedient to provide that\nsuch wills declarations of trust deeds settlements\nand other documents shall take effect as if the\nsame were made executed or entered into by with\nto or in favour of or for the benefit of the body\ncorporate as established by this Act:\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n4\nBE IT THEREFORE ENACTED by the Queen's Most\nExcellent Majesty by and with the advice and consent of the\nLegislative Council and the Legislative Assembly of Victoria\nin this present Parliament assembled and by the authority of\nthe same as follows (that is to say):\n1. Short title\nThis Act may be cited as the Brotherhood of\nSt. Laurence (Incorporation) Act 1971.\n2. Definitions\n(1) In this Act, unless inconsistent with the context or\nsubject-matter—\n\"Archbishop\" means the Archbishop for the time\nbeing of the Church of England in Australia\nin the Diocese of Melbourne, and includes\nanyone for the time being administering the\nDiocese;\n\"Board of Directors\" or \"Board\" means the\nBoard of Directors for the time being\nconstituted in accordance with the\nConstitution;\n\"Brotherhood\" means the body corporate\nestablished by this Act under the name of the\nBrotherhood of St. Laurence;\n\"Constitution\" means the body of rules in the\nSchedule entitled \"Constitution of the\nBrotherhood of St. Laurence\" as amended\nfrom time to time;\n\"Directors\" means the members for the time\nbeing of the Board of Directors;\n\"property\" means all real and personal property\nof any description whatsoever, whether legal\nor equitable, and includes every estate or\ninterest in property;\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n5\n\"rules\" means rules of the Constitution;\n\"will\" includes codicil and every other\ntestamentary disposition.\n(2) In this Act where there is a reference to the\namendment of a rule, the reference shall be\nconstrued as including the making of a new rule.\n3. Brotherhood of St. Laurence to be a body corporate\nThe persons specified in the Constitution as the\nfirst members of the Brotherhood shall on the\ncommencement of this Act be a body corporate by\nthe name of the \"Brotherhood of St. Laurence\"\nand shall have perpetual succession and a\ncommon seal and under that name may sue and be\nsued and prosecute and defend and take\nproceedings in all courts civil and criminal, and\nsubject to the provisions of this Act and to the\nConstitution the body corporate may take\npurchase or otherwise acquire receive hold and\nenjoy property to be held in trust for the objects of\nthe Brotherhood and also may sell grant transfer\nconvey exchange demise reserve or grant\neasements over or otherwise dispose of or deal\nwith either absolutely or by way or mortgage\ncharge lien or other encumbrance any of the\nproperty which may at any time be vested in the\nbody corporate and generally may exercise all\npowers rights and privileges incident to a body\ncorporate.\n4. The Constitution\n(1) The Brotherhood shall be governed by this Act\nand by the Constitution.\n(2) Subject to this Act and to the Constitution, the\nBrotherhood shall be managed and controlled by\nthe Board of Directors, and the Board of Directors\nmay exercise all such powers and authorities of\nthe Brotherhood as are not by or under the\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n6\nConstitution required to be exercised by the\nBrotherhood in general meeting.\n(3) Subject to sub-sections (4) and (5) the\nBrotherhood may, in the manner provided in the\nConstitution, make rules not inconsistent with the\nobjects set out in the Constitution, and may in like\nmanner amend or revoke any rule of the\nConstitution.\n(4) Rules 2, 46 and 52 of the Constitution or any part\nof those rules shall only be amended or revoked\nwith the consent of the Governor in Council given\nafter consideration of a report by the Brotherhood\nand after consultation with the Archbishop.\n(5) The amendment or revocation of any rule of the\nConstitution other than a rule mentioned in sub-\nsection (4) may be disallowed in writing under the\nhand of the Archbishop within three months of his\nreceiving a full explanation from the Board of the\npurpose of the amendment or revocation, and if it\nis so disallowed the amendment or revocation\nshall cease to have force or effect.\n(6) Copies of all rules made by the Brotherhood shall\nforthwith be sent to the Archbishop.\n5. Brotherhood to be successor in law of certain\ncompanies\n(1) St. Laurence Trust Proprietary Limited and\nSt. Laurence Industries Pty. Limited shall on the\ncommencement of this Act be dissolved and the\nBrotherhood shall be the successor in law of each\nof the said companies.\n(2) All contracts deeds bonds agreements debts\nliabilities securities duties and obligations and all\npowers authorities immunities rights and\nprivileges of each of the said companies or made\nby or with or vested in exercisable by or imposed\nor binding upon or available to each of such\ns. 5\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n7\ncompanies immediately before the\ncommencement of this Act shall as from the\ncommencement of this Act be deemed to be the\ncontracts deeds bonds agreements debts liabilities\nduties obligations powers authorities immunities\nrights and privileges of the Brotherhood and shall\nbe enforceable or exercisable by or against the\nBrotherhood as fully and effectually as the same\nwould have been enforceable or exercisable by or\nagainst such company had this Act not been\npassed.\n6. Vesting of property in Brotherhood\nAll property which immediately before the\ncommencement of this Act was vested in the\nBrotherhood of St. Laurence or in St. Laurence\nTrust Proprietary Limited or St. Laurence\nIndustries Pty. Limited and all the estate and\ninterest in any such property so vested shall,\nsubject to the provisions of section 11, as from the\ncommencement of this Act, vest in the\nBrotherhood without necessity for any\nconveyance transfer or other assurance of such\nproperty.\n7. Where property is under the operation of Transfer\nof Land Act 1958\nWhere any property vested in the Brotherhood\nunder or by virtue of this Act is an estate or\ninterest in land under the operation of the\nTransfer of Land Act 1958 capable of being\nregistered under that Act the Registrar of Titles on\napplication to him in that behalf by the\nBrotherhood and on production of the certificate\nof title and on proof to his satisfaction of the facts\nrelating thereto and without payment of any fee\nshall give effect to such vesting by making any\nrecordings in the Register that are necessary or\nexpedient because of the vesting.\ns. 6\nS. 7\namended by\nNo. 18/1989\ns. 13(Sch. 2\nitem 10) (as\namended by\nNo. 48/1991\ns. 70(c)(i)).\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n8\n8. Wills\n(1) Where a will made prior to the commencement of\nthis Act contains a devise or bequest of property\nto or in favour of—\n(a) the Brotherhood of St. Laurence;\n(b) St. Laurence Trust Proprietary Limited;\n(c) St. Laurence Industries Pty. Limited;\n(d) Gerard Kennedy Tucker for or on behalf of\nthe Brotherhood of St. Laurence; or\n(e) the Superior, or the Superior for the time\nbeing, of the Brotherhood of St. Laurence—\nthen, as from the commencement of this Act, the\ndevise or bequest shall be deemed to be a devise\nor bequest of the property to or in favour of the\nBrotherhood.\n(2) Where a will made prior to the commencement of\nthis Act contains a devise or bequest of property\nto or in favour of—\n(a) St. Laurence Court (Bendigo);\n(b) the Brotherhood of St. Laurence Bendigo\nCommittee of Management;\n(c) the Brotherhood of St. Laurence Bendigo\nSalvage Committee;\n(d) the Brotherhood of St. Laurence Geelong\nSalvage Committee;\n(e) the Geelong Council for St. Laurence Park,\nLara; or\n(f) the Brotherhood of St. Laurence Salvage\nCommittee—\nthen, as from the commencement of this Act, the\ndevise or bequest shall be deemed to be a devise\nor bequest of the property to or in favour of the\ns. 8\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n9\nBrotherhood, and, so long as the relevant\ninstitution or establishment referred to in the will\nis in existence, to be used for the purposes of that\ninstitution or establishment.\n(3) Where such devise or bequest of property is\ndirected by the will to be used for a specific\npurpose or for specific purposes, the Brotherhood\nshall hold the property in trust for use of that\npurpose or those purposes.\n9. Deeds etc.\n(1) Where in a deed settlement or any other document\nwhatsoever (other than a will) made prior to the\ncommencement of this Act a gift or settlement of\nproperty is made to on or in favour of—\n(a) the Brotherhood of St. Laurence;\n(b) St. Laurence Trust Proprietary Limited;\n(c) St. Laurence Industries Pty. Limited;\n(d) Gerard Kennedy Tucker for or on behalf of\nthe Brotherhood of St. Laurence; or\n(e) the Superior, or the Superior for the time\nbeing, of the Brotherhood of St. Laurence—\nthen, as from the commencement of this Act, the\ngift or settlement shall be deemed to be a gift or\nsettlement of the property to on or in favour of the\nBrotherhood.\n(2) Where in a deed settlement or any other document\nwhatsoever (other than a will) made prior to the\ncommencement of this Act a gift or settlement of\nproperty is made to on or in favour of—\n(a) St. Laurence Court (Bendigo);\n(b) the Brotherhood of St. Laurence Bendigo\nCommittee of Management;\ns. 9\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n10\n(c) the Brotherhood of St. Laurence Bendigo\nSalvage Committee;\n(d) the Brotherhood of St. Laurence Geelong\nSalvage Committee;\n(e) the Geelong Council for St. Laurence Park,\nLara; or\n(f) the Brotherhood of St. Laurence Salvage\nCommittee—\nthen, as from the commencement of this Act, the\ngift or settlement shall be deemed to be a gift or\nsettlement of the property to on or in favour of the\nBrotherhood, and, so long as the relevant\ninstitution or establishment referred to in the will\nis in existence, to be used for the purposes of that\ninstitution or establishment.\n(3) Where such gift or settlement is directed by the\nsaid document to be used for a specific purpose or\nfor specific purposes, the Brotherhood shall hold\nthe property in trust for use for that purpose or\nthose purposes.\n10. Properties held in trust\nWhere any property is held in trust immediately\nbefore the commencement of this Act and the\nterms of the trust instrument or trust require or\nauthorize the trustees of such property\nimmediately or in the future or at some time or in\ncircumstances or upon some condition or\nconditions which will or may occur after the\ncommencement of this Act to apply any part of\nthe capital or income of the trust property held in\ntrust by them to for or on behalf of the\nBrotherhood of St. Laurence or any of its purposes\nsuch trust instrument or trust shall be construed as\nrequiring or authorizing (as the case may be) such\ntrustees to apply the trust property to the like\nextent and at the like times and in the like\ns. 10\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n11\ncircumstances and in the like conditions for the\npurpose of making payments whether of capital or\nincome or to be applied as capital or income to for\nor on behalf of the Brotherhood or the relevant\npurposes.\n11. Property and income of Brotherhood to be held and\napplied towards objects of Brotherhood\n(1) All property and income vested in or acquired by\nthe Brotherhood, however derived, shall, subject\nto the succeeding provisions of this section, be\nheld and applied solely towards the objects of the\nBrotherhood set forth in Rule 2 of the\nConstitution, and no portion thereof shall be paid\ntransferred or applied directly or indirectly by way\nof dividend or bonus or in any other profitable\nway to the persons who are or have been members\nof the Brotherhood.\n(2) All property and income from time to time vested\nin or acquired by the Brotherhood shall so far as it\nis subject to a trust be held and applied in\naccordance with that trust and shall so far as it is\nnot subject to a trust be held and applied for the\nobjects set forth in Rule 2 of the Constitution.\n12. Saving\nNothing in this Act shall be construed so as to\ndeprive any person of any right discharge or\nprotection that he had immediately before the\ncoming into operation of the Act.\n13. Crown land at Eaglehawk in the County of Bendigo\n(1) The appointments referred to in the preamble of\nthe Brotherhood of St. Laurence and of the\npersons mentioned in the appointment published\nin the Government Gazette of the 3rd day of June,\n1970 as the respective committees of management\nof Crown lands at Eaglehawk in the County of\nBendigo reserved for the purposes of establishing\ns. 11\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n12\nhomes for the aged are hereby revoked as from the\ncommencement of this Act, and in lieu thereof the\nBrotherhood is appointed as from such\ncommencement to be the committee of\nmanagement with respect to all the said Crown\nlands so reserved with the like powers duties and\nauthorities as it would have had if it were\nappointed under the Land Act 1958.\n(2) The said Crown lands at Eaglehawk in the County\nof Bendigo shall be deemed validly to have been\ntemporarily reserved by the Orders in Council\nreferred to in the preamble for the purposes of\nsites for homes for the aged in all respects as if\nthose purposes were included in the purposes set\nout in section 14 of the Land Act 1958.\n14. Chief General Manager to be consulted in certain\ncases\nWhere an institution or establishment of the\nBrotherhood is by virtue of Part III of the\nHospitals and Charities Act 1958 registered\nunder that Act as an institution or a benevolent\nsociety, then, before the Brotherhood sells,\nexchanges, leases, mortgages, disposes of or\notherwise deals with any property which is\nproperty comprising the whole or any part of that\ninstitution or establishment the Brotherhood shall\nconsult with and obtain advice from the Chief\nGeneral Manager of the Department of Health.\n__________________\nS. 14\namended by\nNos 9023\ns. 47(Sch. 1\nPt B item 1),\n10262\ns. 4(Sch.).\ns. 14\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n13\nSCHEDULE\nCONSTITUTION OF THE BROTHERHOOD OF ST. LAURENCE\n1. The name of the body corporate is the \"Brotherhood of\nSt. Laurence\".\n2. The objects of the Brotherhood and for which the Brotherhood is\nestablished are—\n(a) the relief of those who are poor, aged or infirm;\n(b) the undertaking of works for the support aid and help of\nyoung persons employed in trade and industry;\n(c) the undertaking carrying on or carrying out of any other\ncharitable work or purpose.\n3. In furtherance of the objects set out in Rule 2 hereof the\nBrotherhood shall have the following powers—\n(a) to construct, maintain, and alter any houses, homes, hospitals,\nhostels, shelters, schools, buildings or works of any kind;\n(b) to establish and support and to aid in the establishment and\nsupport of any other institutions associations or companies\nformed for all or any of the objects of the Brotherhood;\n(c) to do such acts whether by personal or written appeals, public\nmeetings, or otherwise, as may from time to time be deemed\nexpedient for the purpose of procuring or encouraging\ncontributions to the funds of the Brotherhood by way of\ndonations, annual subscriptions or otherwise;\n(d) to print and publish any periodicals, books or leaflets as are\ndesirable for the promotion of any of the objects of the\nBrotherhood;\n(e) subject to the provisions of section 14 of the Act to sell,\nimprove, manage, develop, exchange, lease, mortgage, place\nunder option, dispose of, turn to account, or otherwise deal\nwith either absolutely or conditionally or for any limited\ninterest all or any part of the property and rights of the\nBrotherhood for such consideration (if any) as the\nBrotherhood may think fit with power to allow any time or\ntimes for the payment of the whole or any part of the\nconsideration arising from any such dealing either with or\nwithout interest in the meantime and if with interest then at\nsuch rate or rates as the Brotherhood may think fit and either\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n14\nwith or without security and if with security then with such\nsecurity as the Brotherhood may think fit;\n(f) to grant create and transfer or reserve such easements of way\ndrainage or support or any other easements or rights of any\nkind whatsoever over upon or affecting the property of the\nBrotherhood or any part or parts thereof as to the\nBrotherhood may appear necessary or expedient and to\nsurrender or accept the surrender of any easement or right;\n(g) to raise or borrow money in such manner and upon such\nsecurity (if any) as the Board of Directors shall think fit and\nin particular upon the security of any mortgage charge lien or\nother encumbrance over all or any part of the Brotherhood's\nproperty and rights (both present and future) or by the issue\nof debentures charged or not charged upon all or any part of\nthe Brotherhood's property and rights (both present and\nfuture) and generally with such rights and upon such terms\nand conditions in all respects as the Brotherhood shall deem\nfit and to purchase redeem or pay off such securities or\nencumbrances and re-issue the same;\n(h) to invest and deal with any moneys of the Brotherhood not\nimmediately required for any of its objects upon such security\nor otherwise in such manner as may from time to time be\ndetermined by the Brotherhood with power to consolidate\ndivide or in any way alter any such investments;\n(i) to undertake and execute any trusts or agreements the\nundertaking whereof is in furtherance of any of the objects of\nthe Brotherhood;\n(j) to subscribe money for charitable purposes and to grant\nscholarships in the furtherance of the objects of the\nBrotherhood.\n4. In this Constitution unless inconsistent with the context or subject-\nmatter—\n(a) words and expressions defined in the Act shall have the\nmeanings so defined;\n(b) words importing the singular number only shall include the\nplural; and words importing the plural number only shall\ninclude the singular; and words importing the masculine\ngender only shall include the feminine;\n(c) the following words and expressions shall have the meanings\nset out opposite the same, namely—\n\"Act\" means the Brotherhood of St. Laurence\n(Incorporation) Act 1971;\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n15\n\"Archbishop\" means the Archbishop for the time being of\nthe Church of England in Australia in the Diocese of\nMelbourne, and includes anyone for the time being\nadministering the Diocese;\n\"Executive Director\" means the member of the Board of\nDirectors for the time being appointed under and\npursuant to this Constitution to be the Executive\nDirector;\n\"Holy Orders\" means Holy Orders of the Church of\nEngland in Australia;\n\"member\" means a person who is for the time being a\nmember of the Brotherhood;\n\"month\" means a calendar month;\n\"Secretary\" includes Acting Secretary or any other person\nappointed by the Board of Directors to carry out the\nduties of the Secretary;\n\"the office\" means the office for the time being of the\nBrotherhood appointed by the Board of Directors.\nMEMBERS OF THE BROTHERHOOD\n5. (1) The first members of the Brotherhood shall be the persons whose\nnames and addresses are set out hereunder and who shall be\ndeemed to be members of the respective classes set opposite their\nrespective names:—\nGeoffrey Tremayne Sambell\nGerard Kennedy Tucker\nRobert Leopold Butterss\nJames Alexander Grant\nGeoffrey James Taylor\n\n\n\n\n\n\"A\" Class\nRobert Charles Backholder\nFrederick Carlyle Kimpton\nEric Leslie Hart\nAlexander Richard Marks\nDavid Horace Forde Scott\n\n\n\n\n\n\"B\" Class\nBruce McFarlane Buchanan\nNeville Brooke\nPeter John Hollingworth\nGraham Austin Walker\n\n\n\n\n\n\"C\" Class\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n16\n(2) The members of the Brotherhood shall be the first members and all\nother persons who for the time being have agreed to become\nmembers and who have been admitted to membership in\naccordance with the provisions of this Constitution and every such\nmember shall be a member of the class to which he has been so\nadmitted.\n(3) The Secretary shall keep and have the custody of a register of the\nmembers of the Brotherhood and shall enter or cause to be entered\ntherein the names of all persons who have become members of the\nBrotherhood and such other particulars of such members as the\nBoard of Directors shall from time to time direct:\nProvided that entry in such register of the name of the member\nshall in no way be a condition of membership and the want of\nregistration of any member shall not affect the validity of such\nperson's admission to membership.\n(4) A member shall cease to be a member of the Brotherhood in\naccordance with the provisions of Rule 7 hereof and any other\nprovision or provisions of this Constitution in that behalf for the\ntime being in force and upon a member ceasing to be a member the\nSecretary shall remove or cause to be removed from the register\nthe name of such member.\n6. There shall be the following three classes of members of the\nBrotherhood—\n(i) \"A\" Class Members—These shall be clerks in Holy Orders\nwho apply for membership and whose applications are\napproved by the Archbishop and by a majority of the then\n\"A\", \"B\", and \"C\" Class members of the Brotherhood voting\nas one body. \"A\" Class members shall not at any time exceed\nfive in number.\n(ii) \"B\" Class Members—These shall be persons other than\nclerks in Holy Orders and officers or employés of the\nBrotherhood who apply for membership and whose\napplications are approved by a majority of the then \"A\", \"B\",\nand \"C\" Class members of the Brotherhood voting as one\nbody. \"B\" Class members shall not at any time exceed five in\nnumber.\n(iii) \"C\" Class Members—These shall be employés or officers of\nthe Brotherhood who apply for membership of the\nBrotherhood and whose applications are approved by a\nmajority of the then \"A\", \"B\", and \"C\" Class members of the\nBrotherhood voting as one body. \"C\" Class members shall\nnot at any time exceed five in number.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n17\n7. (1) A member of the Brotherhood may retire from membership by\ngiving to the Board of Directors notice in writing to that effect and\nhe shall thereupon cease to be a member. The membership of any\nmember may at any time be terminated by a resolution of the\nBoard of Directors, and the membership of an \"A\" or \"B\" Class\nmember shall also be terminated if the member ceases to be a\nmember of the Board of Directors and the membership of a \"C\"\nClass member shall also be terminated if the member ceases to be\nan employé or officer of the Brotherhood.\n(2) Every \"C\" Class member shall cease to be a member at the date of\nthe fifth Annual General Meeting of the Brotherhood next after his\nappointment and shall be eligible for re-election. He shall be re-\nelected if he gives to the Secretary prior to that meeting a notice in\nwriting that he offers himself for re-election, and his re-election is\napproved by a majority of the then \"A\", \"B\", and \"C\" Class\nmembers voting as one body.\nGENERAL MEETINGS\n8. (1) The Annual General Meeting of the Brotherhood shall be held\nonce in every calendar year during the period commencing on the\n1st day of July and ending on the 30th day of November.\n(2) In addition to the Annual General Meeting the Brotherhood may\nhold other general meetings which shall be called Extraordinary\nGeneral Meetings.\n9. The Board of Directors may whenever it thinks fit hold an\nExtraordinary General Meeting.\n10. Subject to the provisions of Rule 57 as to Special Resolutions and\nany agreement made by all the members entitled to vote as to any\nshorter notice, at least seven clear days' notice in writing\nspecifying the place day and hour of meeting, and in case of\nspecial business the general nature of such business, shall be given\nto every member entitled to vote at the meeting by notice sent by\npost or otherwise served as hereinafter provided. The accidental\nomission to give any such notice to or the non-receipt of any such\nnotice by any of the members shall not invalidate any resolution\npassed or any proceedings at any such meeting.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n18\nSPECIAL BUSINESS\n11. The following business shall be deemed to be special business—\n(a) all business transacted at an Extraordinary General Meeting;\n(b) all business transacted at an Annual General Meeting, with\nthe exception of—\n(i) the reports of the Board of Directors and of the\nauditors;\n(ii) the consideration of the accounts and balance-sheets;\n(iii) the election of any members of the Board or of any\nother officers; and\n(iv) the fixing of the remuneration of the auditors.\nPROCEEDINGS AT GENERAL MEETINGS\n12. (1) No business shall be transacted at any General Meeting unless a\nquorum of members is present at the time when the meeting\nproceeds to business.\n(2) Save as herein otherwise provided the quorum—\n(a) in respect of any matter on which only \"A\" and \"B\" class\nmembers may vote shall, be five;\n(b) in respect of any matter on which \"A\", \"B\" and \"C\" class\nmembers may vote, shall be seven.\n13. If within fifteen minutes from the time appointed for the meeting a\nquorum is not present the meeting shall stand adjourned to the\nsame day a fortnight late at the same time and place. The Secretary\nshall give seven clear days' notice of the adjourned meeting to all\nmembers in the same manner as in the case of an original meeting,\nand if at the adjourned meeting a quorum is not present within\nfifteen minutes from the time appointed for the meeting the\nmembers present, if not less than three, shall be a quorum.\n14. The Chairman (if any) of the Board of Directors shall preside as\nChairman at every general meeting of the Brotherhood.\n15. If there is no such Chairman, or if at any meeting he is not present\nwithin fifteen minutes after the time appointed for holding the\nmeeting or is unwilling to act as Chairman, the \"A\" and \"B\" Class\nmembers present shall choose one of their number to be Chairman.\n16. (1) At any meeting at which a quorum is present the Chairman may\n(and if so directed by the meeting shall) adjourn the meeting for\nanother time and, if necessary, to another place, but no business\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n19\nshall be transacted at any adjourned meeting other than the\nbusiness left unfinished at the meeting from which the\nadjournment took place. When a meeting is adjourned for ten days\nor more at any one time notice of the adjourned meeting shall be\ngiven as in the case of an original meeting. Save as aforesaid it\nshall not be necessary to give any notice of an adjournment or of\nthe business to be transacted at an adjourned meeting.\n(2) Notwithstanding anything in sub-rule (1) the Annual General\nMeeting shall not be adjourned for a day other than a day within\nthe period permitted for the holding of the Annual General\nMeeting.\n17. At any general meeting a declaration by the Chairman that a\nresolution has been carried, or carried unanimously or by a\nparticular majority, or lost, and an entry to that effect in the book\ncontaining the minutes of the proceedings of the Brotherhood,\nshall be conclusive evidence of the fact, without proof of the\nnumber or proportion of the votes recorded in favour of or against\nthat resolution.\n18. In the case of an equality of votes, the Chairman of the meeting\nshall be entitled to a second or casting vote.\nVOTES OF MEMBERS\n19. Subject to Rule 20 every member shall have one vote.\n20. \"C\" Class members shall not be entitled to vote except in respect\nof the following matters—\n(a) the approval of an application for membership of the\nBrotherhood in any class;\n(b) the approval of the re-election to membership of a \"C\" Class\nmember;\n(c) any approval provided for by Rule 32; and\n(d) subject to Rule 21, any alteration or proposed alteration of the\nrights of \"C\" Class members.\n21. Any alteration of the rights of any class of members shall not be\nmade unless it is agreed to by a resolution passed by a four-fifths\nmajority of the members of that class at a Special Meeting of such\nmembers called for the purpose:\nProvided however, that the consent in writing of four-fifths of the\nmembers of the class affected if obtained within two months from\nthe date of the Special Meeting shall be as effective as a resolution\npassed as aforesaid at such Special Meeting. All the provisions\nhereinbefore contained as to General Meetings shall mutatis\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n20\nmutandis apply to every such meeting except that the quorum for\nany such meeting shall be members totalling in number at least\nfour-fifths of the class affected.\nTHE BOARD OF DIRECTORS\n22. There shall be a Board of Directors consisting of not more than ten\npersons who are \"A\" Class or \"B\" Class members.\n23. The following persons shall be the first members of the Board of\nDirectors and shall be deemed to be members of the particular\nClass set opposite their respective name—\nGeoffrey Tremayne Sambell\nGerard Kennedy Tucker\nRobert Leopold Butterss\nJames Alexander Grant\nGeoffrey James Taylor\n\n\n\n\n\n\"A\" Class\nRobert Charles Backholder\nFrederick Carlyle Kimpton\nEric Leslie Hart\nAlexander Richard Marks\nDavid Horace Forde Scott\n\n\n\n\n\n\"B\" Class\n24. All \"A\" Class members of the Board of Directors and at least three\nof the \"B\" Class members of the Board of Directors shall at all\ntimes be communicants of the Church of England in Australia.\n25. The office of a member of the Board of Directors shall become\nvacant if—\n(a) being an \"A\" Class member he ceases to be a communicant\nof the Church of England in Australia;\n(b) being an \"A\" Class member, the Archbishop, by a notice in\nwriting under his hand, withdraws his approval of such\nmember as an \"A\" Class member of the Brotherhood;\n(c) being a \"B\" Class member he ceases to be a communicant of\nthe Church of England in Australia if upon his so ceasing\nthere would then be less than three \"B\" Class members of the\nBoard who were such communicants;\n(d) he resigns his office by notice in writing to the Board of\nDirectors;\n(e) for more than six months he is absent without permission of\nthe Board of Directors from meetings of the Board held\nduring that period;\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n21\n(f) he becomes bankrupt or makes any arrangement or\ncomposition with his creditors generally;\n(g) he is removed from office by a special resolution duly passed\nat an Extraordinary General Meeting of the Brotherhood;\n(h) he becomes of unsound mind.\n26. The \"C\" Class members shall be invited to attend all meetings of\nthe Board of Directors as consultants to the Board of Directors.\nThey shall not be entitled to vote at any such meetings or enjoy\nany of the powers or privileges of members of the Board of\nDirectors.\n27. The Board of Directors may act notwithstanding any vacancies\ntherein.\nPOWERS AND DUTIES OF DIRECTORS\n28. Subject to the Act and to any other provision of this Constitution,\nthe affairs of the Brotherhood shall be managed by the Board of\nDirectors who may exercise all such powers of the Brotherhood as\nare not by these Rules required to to exercised by the Brotherhood\nin general meeting.\n29. The Board of Directors shall cause minutes to be made in books\nprovided for the purpose—\n(a) of all appointments of officers made by the Board of\nDirectors;\n(b) of the names of the members of the Board of Directors and of\nany committee of or appointed by the Board of Directors, and\nof any committee appointed by the Brotherhood in general\nmeeting;\n(c) of all resolutions and proceedings at all meetings of the\nBrotherhood and of the Board of Directors and of committees\nof the Board of Directors.\nSEAL\n30. The Directors shall provide for the safe custody of the seal which\nshall only be used by the authority of the Directors or of a\nCommittee of Directors authorized by the Directors in that behalf\nand every instrument to which the seal is affixed shall be signed by\na Director and shall be countersigned by the Secretary or by a\nsecond Director or by some other person appointed by the\nDirectors for the purpose.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n22\nDISABILITY OF DIRECTORS\n31. A member of the Board of Directors shall not vote in respect of\nany contract or proposed contract in which he is interested or any\nmatter arising thereout, and if he does so vote his vote shall not be\ncounted.\nRETIREMENT AND APPOINTMENT OF DIRECTORS\n32. (1) Every member of the Board, including an Executive Director, shall\nretire on reaching the age of 72 years.\n(2) Subject to sub-rule (1) every member of the Board of Directors\nother than an Executive Director shall retire at the expiration of a\nperiod of five years from the date of his last appointment unless\nbeing an \"A\" Class member the Archbishop and a majority of the\n\"A\", \"B\", and \"C\" Class members in general meeting approve of\nsuch member continuing to hold office as a member of the Board\nof Directors or being a \"B\" Class member such member receives\nthe approval of the \"A\", \"B\", and \"C\" Class members in general\nmeeting to his continuation in office as a member of the Board of\nDirectors; in any such case such member of the Board of Directors\nshall continue in office for a further period of five years and at the\nexpiration of such period such member of the Board of Directors\nshall continue to be eligible to hold office for further periods\nsubject to the like provisions as are hereinbefore contained.\n(3) Notwithstanding anything in this Rule, Gerard Kennedy Tucker\nshall be and be entitled to remain as an \"A\" class member of the\nBoard of Directors until he resigns from that office.\n33. Any casual vacancy occurring in the Board of Directors shall be\nfilled by an appointment made by the Board of Directors from the\nparticular class of members of which the former member of the\nBoard of Directors, in respect of whom the casual vacancy has\noccurred, was a member.\nPROCEEDINGS OF THE BOARD OF DIRECTORS\n34. The members of the Board of Directors may meet together for the\ndespatch of business adjourn and otherwise regulate their meeting\nas they think fit. Questions arising at any meeting shall be decided\nby a majority of votes. In case of an equality of votes the\nChairman shall have a second or casting vote. A member of the\nBoard of Directors may, and the Secretary on the requisition of a\nmember of the Board of Directors shall, at any time summon a\nmeeting of the Board of Directors.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n23\n35. The quorum necessary for the transaction of the business of the\nBoard of Directors may be fixed by the Board of Directors and\nunless so fixed shall be a majority of the members of the Board of\nDirectors for the time being.\nEXECUTIVE DIRECTOR\n36. The Board of Directors may from time to time appoint one of its\nnumber to be the Executive Director of the Brotherhood. Every\nsuch appointment shall be subject to the approval of the\nArchbishop and every such Executive Director shall hold such\noffice until he resigns in writing or is removed by a resolution of\nthe Board of Directors.\n37. The Board of Directors may from time to time delegate to the\nExecutive Director for the time being such of the powers\nexercisable by the Board of Directors as it may think fit and may at\nany time revoke any such delegation.\n38. The Executive Director may be remunerated for his services in\nsuch a manner and upon such terms as the Board of Directors may\nfrom time to time resolve.\nOFFICERS AND EMPLOYÉS\n39. (1) The Board of Directors shall have power to appoint such officers\nand employés as it thinks fit to assist in the administration of the\nBrotherhood and the furtherance of its objects and shall determine\nthe conditions of employment and the remuneration of such\nofficers and employés and shall have power to dismiss the same:\nProvided that if the Board of Directors shall appoint a Manager of\nthe Brotherhood such appointment shall be subject to the approval\nof the Archbishop.\n(2) The Board of Directors shall have power to provide a scheme with\nrespect to the payment of superannuation to the officers and\nemployés of the Brotherhood and the assistance of any such\nofficers and employés and their dependants.\nCHAIRMAN OF DIRECTORS\n40. (1) Subject to sub-rule (2) the Directors shall from time to time\nappoint one of their number who shall be a communicant member\nof the Church of England in Australia to be the Chairman of all\nmeetings of the Board of Directors and of all meetings of the\nmembers of the Brotherhood and in all matters submitted to any\nsuch meetings the Chairman shall in the case of equality of votes\nhave a second and casting vote. In the absence of the Chairman at\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n24\nany meeting of the Board of Directors, the Directors may appoint\nany one of their number present to be the Chairman of the meeting.\n(2) The first Chairman of the Board of Directors shall be the \"A\" class\nmember first mentioned in rule 23.\nCOMMITTEES\n41. Subject to the Act the Board of Directors may delegate any of its\npowers to committees consisting of such persons as it thinks fit;\nany committee so formed shall in the exercise of the powers so\ndelegated conform to any regulations that are imposed on it by the\nBoard of Directors.\n42. A committee may elect a Chairman of its meetings; if no such\nChairman is elected or if at any meeting the Chairman is not\npresent within fifteen minutes after the time appointed for holding\nthe same, the members present may choose one of their number to\nbe Chairman of the meeting.\n43. A committee may meet and adjourn as it thinks proper. Questions\narising at any meeting shall be determined by a majority of votes\nof the members present and in case of an equality of votes the\nChairman shall have a second or casting vote.\nDECISIONS OF DIRECTORS\n44. A decision in writing signed by all the members of the Board of\nDirectors shall be as valid and effectual as if it had been passed at\na meeting of the Board of Directors duly called and constituted.\nVALIDATION OF ACTS OF DIRECTORS\n45. All acts done by any meeting of the Board of Directors or of a\ncommittee of the Board of Directors or by any person acting as a\nmember of the Board of Directors shall notwithstanding that it is\nafterwards discovered that there was some defect in the\nappointment of any such member or members of the Board of\nDirectors or persons acting as aforesaid or that he, they or any of\nthem were disqualified be as valid as if every such person had\nbeen duly appointed and was qualified to be a member of the\nBoard of Directors.\nACCOUNTS\n46. The Board of Directors shall cause to be kept proper books of\naccount in which shall be kept full true and complete accounts of\nthe affairs and transactions of the Brotherhood.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n25\n47. The books of account shall be kept at the office of the Brotherhood\nor at such other place or places as the Board of Directors thinks fit\nand shall always be open to inspection of the members subject as\nhereinafter provided.\n48. The Board of Directors shall from time to time determine at what\ntimes and places and under what conditions or regulations the\naccounts and books of the Brotherhood or any of them shall be\nopen to the inspection of members.\n49. The Directors shall once in each year cause to be prepared and to\nbe laid before the Brotherhood at the Annual General Meeting\nproper accounts of income and expenditure and balance-sheets.\n50. A copy of every balance-sheet and account which is to be laid\nbefore the Brotherhood in General Meeting together with a copy of\nthe auditor's report shall not less than seven days before the date of\nthe meeting be sent to all persons entitled to receive notice of\ngeneral meetings of the Brotherhood and to the Archbishop.\nSECRETARY\n51. (1) A Secretary shall be appointed by the Board of Directors for such\nperiod and on such conditions as to remuneration and otherwise as\nmay from time to time be determined by the Board. The Secretary\nshall act under the direction of the Board of Directors.\n(2) The Secretary shall see that a faithful record is kept of the business\ntransacted at all meetings of the Brotherhood, the Board of\nDirectors and of any committee of or appointed by the Board of\nDirectors.\nAUDIT\n52. (1) The Board of Directors shall cause the accounts of the\nBrotherhood to be audited once in each year by a registered\ncompany auditor.\n(2) A copy of the accounts as so audited shall forthwith be sent to the\nArchbishop.\nNOTICES\n53. (1) A notice may be given by the Brotherhood to any member either\npersonally or by sending it by post to him to his registered address\nor (if he has no registered address within Victoria) to the address\n(if any) within Victoria supplied by him to the Brotherhood for the\ngiving of notices to him.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n26\n(2) Where a notice is sent by post, service of the notice shall be\ndeemed to be effected by properly addressing prepaying and\nposting a letter containing the notice and to have been effected in\nthe case of a notice of a meeting at the expiration of 48 hours after\nthe letter containing the same was posted and in any other case at\nthe time at which the letter would be delivered in the ordinary\ncourse of post.\n54. If a member has no registered address within Victoria or has not\nsupplied to the Brotherhood an address within Victoria for the\ngiving of notices to him, a notice addressed to him and advertised\nin a newspaper circulating in the neighbourhood of the office of\nthe Brotherhood shall be deemed to be duly given to him at noon\non the day on which the advertisement appears.\n55. Notice of every general meeting shall be given in any manner\nhereinbefore authorized to all members except those members who\n(having no registered address within Victoria) have not supplied to\nthe Brotherhood an address within Victoria for the giving of\nnotices to them.\nINDEMNITY AND REIMBURSEMENT\n56. (1) Every member officer and employé of the Brotherhood or of the\nBoard of Directors shall be entitled to be indemnified out of the\nfunds of the Brotherhood against all liability incurred by him as\nsuch member officer or employé in defending any proceedings\nwhether civil or criminal in which judgment is given in his favour\nor in which he is acquitted or in connexion with any application in\nrelation thereto in which relief is granted to him by the court.\n(2) Every member officer and employé referred to in sub-rule (1) shall\nbe entitled to be reimbursed out of the funds of the Brotherhood in\nrespect of any costs charges and expenses actually incurred by him\nin the carrying out of his functions and duties.\nALTERATIONS OF CONSTITUTION BY SPECIAL RESOLUTION\n57. (1) The Brotherhood, may subject to the Act make amend or revoke\nrules by special resolution passed at an Annual General Meeting or\nan Extraordinary General Meeting.\n(2) A member shall not propose such a special resolution as aforesaid\nwithout having first given to the Secretary notice in writing of the\nspecial resolution intended to be proposed.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n27\n(3) The Secretary shall, not more than 10 days after receiving the\ninformation of the proposal and not less than 21 days before the\nholding of the meeting, give notice of the intended proposal to\nevery member.\n(4) The special resolution shall be deemed to be passed only if it is\nsupported by not less than two-thirds of the total number of\nmembers entitled to vote on that resolution.\nREGULATIONS\n58. (1) The Board of Directors may make such regulations not\ninconsistent with this Act or the Constitution as the Board\nconsiders necessary or expedient to carry out the management and\ncontrol of the Brotherhood and its affairs, and may in like manner\namend or revoke any regulations so made.\n(2) Copies of all regulations shall forthwith be sent to the Archbishop.\n═══════════════\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n28\nENDNOTES\n1. General Information\nThe Brotherhood of St. Laurence (Incorporation) Act 1971 was assented\nto on 30 November 1971 and came into operation on 30 November 1971.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n29\n2. Table of Amendments\nThis Version incorporates amendments made to the Brotherhood of\nSt. Laurence (Incorporation) Act 1971 by Acts and subordinate\ninstruments.\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nHealth Commission Act 1977, No. 9023/1977\nAssent Date: 24.5.77\nCommencement Date: S. 47(Sch. 1 Pt B item 1) on 7.12.78: Government\nGazette 6.12.78 p. 3759\nCurrent State: This information relates only to the provision/s\namending the Brotherhood of St. Laurence\n(Incorporation) Act 1971\nHealth (Amendment) Act 1985, No. 10262/1985\nAssent Date: 10.12.85\nCommencement Date: S. 4(Sch.) on 1.3.86: Government Gazette 26.2.86\np. 451\nCurrent State: This information relates only to the provision/s\namending the Brotherhood of St. Laurence\n(Incorporation) Act 1971\nTransfer of Land (Computer Register) Act 1989, No. 18/1989 (as amended by\nNo. 48/1991)\nAssent Date: 16.5.89\nCommencement Date: 3.2.92: Government Gazette 18.12.91 p. 3488\nCurrent State: All of Act in operation\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8188/1971\nBrotherhood of St. Laurence (Incorporation) Act 1971\n30\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act appears to have remained focused on its original and sole purpose — incorporating the Brotherhood of St. Laurence. There is no evidence of scope expansion or contraction. The version history indicates it has been in force since 1971 without significant amendment."},"complexity_factors":["Very narrow and specific in scope — applies to a single named organisation only","Private Act rather than general legislation, meaning its provisions are tailored rather than broadly applicable","The document provided contains very little substantive legislative content to analyse — largely metadata and version history","Single purpose: incorporation of one entity, with no complex regulatory framework"],"plain_english_summary":"The Act privately incorporates the Brotherhood of St. Laurence, giving the charity a permanent legal identity so it can own property, enter contracts, and sue or be sued in its own name. It affects the Brotherhood’s members, staff, donors, contractors and the people who rely on its services, by removing personal legal risk for individuals and providing a stable foundation for the organisation’s long‑term delivery of poverty relief and social services."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The core scope—incorporation of the Brotherhood, statutory succession from the two companies, vesting of property and the requirement that assets be applied to the Brotherhood's charitable objects (see s.3, s.5–6, s.11 and Rule 2 of the Schedule)—remains intact. Later amendments incorporated in this version modify administrative and procedural arrangements (eg. land-registration mechanics at s.7 and consultation/health-related disposal advice at s.14) but do not alter the Act’s principal objects or the classes of beneficiaries."},"complexity_factors":["Statutory succession and automatic vesting of assets, contracts and liabilities from two companies to the new corporate body (s.5–6).","Conversion and continued effect of pre-existing wills, settlements and trust instruments in favour of predecessor entities or local committees (ss.8–10, 11).","Detailed internal governance and membership architecture in the Schedule (multi-class membership, director appointment/retirement, quorum and voting rules).","Archbishop involvement: formal consultation and veto-like role for certain constitutional amendments (s.4(4)–(5)) and requirement to receive copies of rules and accounts (s.4(6), s.50).","Interaction with land registration processes and the Transfer of Land Act for title recording (s.7).","Restriction that property and income be applied solely to stated charitable objects, limiting distributions to members (s.11).","Procedural consultation requirement with the Chief General Manager before dealing with institution property registered under hospitals/charities law (s.14).","Multiple amendment and regulation pathways (constitutional special resolutions, Board regulations) creating overlapping sources of internal rulemaking (Schedule rule 57; s.58)."],"plain_english_summary":"This Act creates the Brotherhood of St. Laurence as a corporate body, dissolves two predecessor companies and automatically transfers their contracts, property and trusts to the new Brotherhood. It establishes a constitution and detailed governance (Board, membership classes), requires that all property and income be applied to the Brotherhood’s charitable objects, and treats prior wills and settlements as if made to the new body. It also appoints the Brotherhood as committee of management for specified Crown land and requires consultation before dealing with certain hospital/benevolent-society property."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: incorporating the Brotherhood of St. Laurence, dissolving the two associated companies, and ensuring continuity of charitable operations. The amendments recorded (1977, 1985, 1989) are minor technical updates reflecting changes to other statutes (Health Commission Act, Transfer of Land Act) rather than expansion of the Act's substantive scope. The governance structure and charitable objects defined in 1971 remain essentially unchanged."},"complexity_factors":["Detailed Constitution with 58 rules in the Schedule, including three distinct membership classes with different voting rights and eligibility criteria","Multiple cross-references between the Act and the Schedule (Constitution), requiring simultaneous reading of both documents","Specific transitional provisions dealing with pre-1971 wills, deeds, and trust instruments that must be 'read across' to the new entity","Conditional governance requirements: Archbishop approval needed for certain constitutional amendments (Rules 2, 46, 52) and for Executive Director appointment","Nested exceptions in voting rights: C Class members generally cannot vote except on specific matters (membership applications, re-election of C Class members, alterations to C Class rights)","Specific saving provisions and validation clauses (e.g., section 12, rule 45) protecting actions taken despite technical defects","Age-based retirement rules for Directors (72 years) with specific exemption for founder Gerard Kennedy Tucker","Religious affiliation requirements: All A Class and at least three B Class Board members must be Anglican communicants"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a new legal entity called the **Brotherhood of St. Laurence** as a \"body corporate\" (a legal person that can own property, sue, and be sued). It effectively transforms a religious charitable order and two associated companies into a single incorporated organisation under Victorian law.\n\n**Who it affects:**\n\n*   **The Brotherhood itself** – previously an unincorporated religious order founded in 1930, now a legal entity with perpetual succession (it continues even if members change).\n*   **Two existing companies** – St. Laurence Trust Proprietary Limited and St. Laurence Industries Pty. Limited are dissolved, with all their assets, debts, and legal obligations transferred to the new Brotherhood.\n*   **Donors and benefactors** – anyone who left money or property to the old companies or the religious order in their will (testament) or through trusts before 1971. The Act ensures these gifts automatically go to the new incorporated Brotherhood instead.\n*   **Local committees** – groups like the Bendigo and Geelong committees that previously managed specific local operations.\n*   **The Anglican Archbishop of Melbourne** – given significant oversight powers, including veto rights over certain constitutional changes and approval rights for key appointments.\n\n**Why it matters:**\n\nThe Act solves a practical problem: the original Brotherhood was a religious order that couldn't easily own property or enter contracts in its own name. By incorporating it, the organisation can:\n\n*   **Hold property directly** rather than through separate trustee companies.\n*   **Receive bequests and donations** without legal confusion about who actually owns them.\n*   **Operate commercially** (including running \"sheltered workshops\" for employment) while maintaining charitable status.\n*   **Ensure continuity** – the organisation survives even as individual members come and go.\n\n**Key features:**\n\n*   **Property transfer** – All assets held by the old companies or the religious order automatically vest in the new Brotherhood without needing separate transfers.\n*   **Wills and trusts** – Gifts made in old wills to the previous entities are deemed to be gifts to the new Brotherhood.\n*   **Constitutional governance** – The organisation must operate under a detailed Constitution (included in the Schedule) with three classes of members (A, B, and C), a Board of Directors, and specific voting rules.\n*   **Charitable lock-up** – All property and income must be used solely for charitable objects (relieving poverty, helping young workers, other charitable works). No profits can be distributed to members.\n*   **Crown land** – Specific provision for managing aged care facilities on Crown land at Eaglehawk, Bendigo.\n*   **Health Department consultation** – Required before selling certain aged care properties."}},"importantCases":[],"_links":{"self":"/api/acts/brotherhood-of-st-laurence-incorporation-act-1971","history":"/api/acts/brotherhood-of-st-laurence-incorporation-act-1971/history","analysis":"/api/acts/brotherhood-of-st-laurence-incorporation-act-1971/analysis","conflicts":"/api/acts/brotherhood-of-st-laurence-incorporation-act-1971/conflicts","importantCases":"/api/acts/brotherhood-of-st-laurence-incorporation-act-1971/important-cases","documents":"/api/acts/brotherhood-of-st-laurence-incorporation-act-1971/documents"}}