{"id":"epworth-foundation-act-1980","name":"Epworth Foundation Act 1980","slug":"epworth-foundation-act-1980","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173983,"registerId":"vic-epworth-foundation-act-1980-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Epworth Foundation Act 1980","content":"Version No. 006\n\n**Epworth Foundation Act 1980**\n\n**No. 9404 of 1980**\n\nVersion incorporating amendments as at  \n30 October 2024\n\n**table of provisions**\n\n*Section Page*\n\nPart 1—Preliminary 2\n\n1 Short title and commencement 2\n\n2 Definitions 2\n\nPart 2—Epworth Foundation 4\n\n3 Constitution and incorporation of Epworth Foundation 4\n\n4 Objects 4\n\n5 Powers 6\n\n7 Application of property and income 6\n\n8 Disposal of assets on winding up 7\n\n9 Board of Management 7\n\n10 Annual general meeting and report 10\n\n11 President and Deputy President 10\n\n12 Proceedings of the Board of Management 11\n\n13 Powers of Board of Management 12\n\n14 Chief Executive Officer 13\n\n15 Seal 13\n\n16 Accounts 14\n\n17 Committees 14\n\n18 Disclosure of interests 15\n\n19 Indemnity 16\n\nPart 3—Property of Former Hospital 17\n\n20 Land, property, obligations etc. vested in the Hospital 17\n\nPart 4—General 21\n\n21 Regulations 21\n\n21A Donations, gifts and trusts 22\n\n22 Amendment of Act 23\n\nEndnotes 24\n\n1 General information 24\n\n2 Table of Amendments 26\n\n3 Explanatory details 27\n\n**Version No.** **006**\n\n**Epworth Foundation Act 1980**\n\n**No. 9404 of 1980**\n\nVersion incorporating amendments as at  \n30 October 2024\n\nAn Act to establish a Body Corporate under the name of Epworth Hospital, to repeal the **Epworth Hospital (Guarantee) Act 1977** and the **Epworth Hospital (Guarantee) (Amendment) Act 1977**, and for other purposes.\n\n**Preamble**\n\nWHEREAS Epworth Hospital was founded in 1920 by the Victorian Conference of the Methodist Church of Australasia as an integral part of the said Church:\n\nAND WHEREAS The Methodist Church of Australasia pursuant to **The Uniting Church in Australia Act 1977** united with the Presbyterian Church of Australia and the Congregational Union of Australia to form The Uniting Church in Australia:\n\nAND WHEREAS Epworth Hospital has provided and maintained a Hospital at Erin Street, Richmond in the State of Victoria, which Hospital has provided medical and surgical services and facilities for the community as a whole:\n\nAND WHEREAS it is desirable that there be established a body corporate to be called \"Epworth Hospital\" as successor to and to acquire the assets held or used for or in connection with Epworth Hospital and to provide the services previously provided by that Hospital:\n\nAND WHEREAS it is expedient to make provision as hereinafter enacted:\n\n**BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\nPt 1 (Heading) inserted by No. 97/1997  \ns. 4.\n\nPart 1—Preliminary\n\n\t1 Short title and commencement\n\nS. 1(1) amended by No. 97/1997  \ns. 5.\n\n(1) This Act may be cited as the **Epworth Foundation Act 1980**.\n\n(2) This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.\n\n\t2 Definitions\n\nIn this Act unless inconsistent with the context or subject-matter—\n\n***Board of Management*** means the Board of Management constituted pursuant to section 9;\n\nS. 2 def. of *Deputy President* inserted by No. 97/1997  \ns. 6(1).\n\n***Deputy President*** means the Deputy President of the Board of Management elected under section 11;\n\nS. 2 def. of *Epworth Hospital* inserted by No. 97/1997  \ns. 6(1), repealed by No. 39/2024 s. 114.\n\n* * * * *\n\nS. 2 def. of *Erin Street hospital* inserted by No. 97/1997  \ns. 6(1).\n\n***Erin Street hospital*** means the hospital principally situated at Erin Street, Richmond conducted and maintained immediately before the commencement of section 22 of the **Epworth Hospital (Amendment) Act 1997** by the Foundation;\n\nS. 2 def. of *Foundation* inserted by No. 97/1997  \ns. 6(1).\n\n***Foundation*** means the Epworth Foundation established by Part 2;\n\n***liabilities*** means duties and obligations of every description and includes contingent liabilities;\n\nS. 2 def. of *President* inserted by No. 97/1997  \ns. 6(1).\n\n***President*** means the President of the Board of Management elected under section 11;\n\n***property*** includes any thing in action and any interest in real or personal property;\n\nS. 2 def. of *Synod* inserted by No. 97/1997  \ns. 6(1), substituted by No. 28/2008 s. 8(1).\n\n***Synod*** has the same meaning as it has in **The Uniting Church in Australia Act 1977**;\n\nS. 2 def. of *the Hospital* repealed by No. 97/1997  \ns. 6(2).\n\n* * * * *\n\n***Uniting Church*** means The Uniting Church in Australia constituted pursuant to **The Uniting Church in Australia Act 1977**; and\n\n***the Property Trust*** means The Uniting Church in Australia Property Trust (Victoria) constituted by **The Uniting Church in Australia Act 1977**.\n\nPt 2 (Heading) inserted by No. 97/1997  \ns. 7.\n\nPart 2—Epworth Foundation\n\n\t3 Constitution and incorporation of Epworth Foundation\n\n(1) There is hereby established a body corporate with perpetual succession and a common seal, capable in law of holding land, of suing and being sued and of doing and suffering all acts matters and things which bodies corporate may by law do or suffer.\n\nS. 3(2) amended by No. 97/1997  \ns. 8(1).\n\n(2) The name of the body corporate shall be \"Epworth Foundation\".\n\n(3) The body corporate shall consist of the Board of Management.\n\n(4) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the body corporate affixed to a document and until the contrary is proved shall presume that it was duly affixed.\n\nS. 3(5) inserted by No. 97/1997  \ns. 8(2).\n\n(5) Despite the change of name made by section 8 of the **Epworth Hospital (Amendment) Act 1997**, the Foundation is the same body after the commencement of that section as it was before that commencement.\n\nS. 4 substituted by No. 97/1997  \ns. 9.\n\n\t4 Objects\n\nThe Foundation may carry out all or any of the following objects—\n\n(a) to promote and fund medical and health care research of any kind in Australia that is, or is likely to be, of benefit to the community;\n\n(b) to promote, advance and provide financial assistance for medical and other health care education in Australia including, without limitation, the education and training in Australia of medical students, nurses, medical practitioners and others engaged in the provision of medical and other health care services;\n\n(c) to provide financial or other assistance for the purpose of enabling persons residing in Australia to obtain medical or other health care services in Australia which they could not otherwise afford;\n\n(d) to conduct and maintain a hospital or hospitals in Australia;\n\n(e) in relation to a hospital or hospitals conducted and maintained under paragraph (d), to promote the treatment of each patient in a manner that accords the respect due to a person before God, according to the beliefs of the Uniting Church;\n\n(f) to provide medical and other health care services of any kind in Australia;\n\n(g) to provide funds or otherwise assist another entity which does not seek to secure pecuniary profit for its individual members to provide medical or other health care services of any kind in Australia;\n\n(h) to promote and provide funds in Australia for charitable purposes located in Australia and being undertaken solely in Australia including, without limitation, providing funds to an entity or trust whose purposes or objects are wholly charitable and wholly carried out within Australia.\n\nS. 5 substituted by No. 97/1997  \ns. 9.\n\n\t5 Powers\n\nFor the purposes of carrying out the objects under section 4, the Foundation—\n\n(a) may acquire, hold and dispose of real and personal property;\n\n(b) may obtain financial accommodation and make investments;\n\n(c) may employ staff;\n\n(d) may enter into agreements and arrangements;\n\n(e) may form, or participate in the formation of, or be a member of, a body corporate;\n\n(f) may form, or participate in the formation of, and may participate in, partnerships, trusts and unincorporated joint ventures;\n\n(g) may act as trustee;\n\n(h) may do all things necessary or convenient to be done for or in connection with carrying out those objects.\n\nS. 6  \nrepealed by No. 97/1997  \ns. 9.\n\n* * * * *\n\n\t7 Application of property and income\n\nS. 7(1)  \namended by No. 97/1997  \ns. 10(a).\n\n(1) Subject to subsection (2), the income and property of the Foundation shall be applied solely to further the objects of the Foundation.\n\nS. 7(2)  \namended by Nos 97/1997  \ns. 10(a), 74/2000 s. 3(Sch. 1 item 42.1).\n\n(2) Nothing in subsection (1) shall prevent the payment in good faith by the Foundation of the salaries and wages of its officers and employees and the proper fees of the members of the Board of Management.\n\nS. 8  \namended by No. 97/1997  \ns. 10.\n\n\t8 Disposal of assets on winding up\n\nIf upon the winding up or dissolution of the Foundation there remains after satisfaction of all its debts and liabilities any property whatsoever, the same shall be given or transferred to the Property Trust to be applied solely for charitable purposes.\n\n\t9 Board of Management\n\n(1) The Board of Management shall consist of eleven members of whom—\n\n(a) one shall be the person who for the time being is the Chief Executive Officer of the Hospital appointed pursuant to section 14;\n\n(b) one shall be the person who for the time being is Chairman of the Medical Advisory Council appointed pursuant to section 17(1);\n\nS. 9(1)(c)  \namended by No. 97/1997  \ns. 11(1).\n\n(c) six shall be appointed by the Synod after consultation with the Board of Management; and\n\n(d) three shall be appointed by the Board of Management.\n\n(2) The members of the Board of Management other than the Chief Executive Officer and the Chairman of the Medical Advisory Council shall be appointed for a term of three years and subject to subsection (3) shall be eligible for re-appointment.\n\nS. 9(3)  \nsubstituted by No. 97/1997  \ns. 11(2).\n\n(3) A member of the Board of Management other than a Chief Executive Officer appointed under section 14, who, immediately before an Annual General Meeting of the Board, has been a member for more than 9 consecutive years is not eligible to continue to be a member after the conclusion of the meeting unless—\n\n(a) the Board, by resolution made at the Annual General Meeting or at a meeting held not more than 6 weeks before the Annual General Meeting, has resolved that the member is eligible to continue; and\n\n(b) the member did not vote on that resolution.\n\nS. 9(4) repealed by No. 42/1995  \ns. 224(Sch. 2 item 16).\n\n* * * * *\n\n(5) The office of a member of the Board of Management shall become vacant if the member—\n\nS. 9(5)(a)  \namended by No. 97/1997  \ns. 11(3)(a)(b).\n\n(a) resigns his or her office by writing under his or her hand delivered to the President or Deputy President;\n\nS. 9(5)(b)  \namended by No. 97/1997  \ns. 11(3)(a).\n\n(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her estate for the benefit of his or her creditors;\n\nS. 9(5)(c)  \nsubstituted by No. 97/1997  \ns. 11(3)(c).\n\n(c) in the opinion of the Board, is of unsound mind;\n\nS. 9(5)(ca)  \ninserted by No. 97/1997  \ns. 11(3)(c).\n\n(ca) becomes ineligible to continue as a member by reason of subsection (3); or\n\n(d) is absent from three consecutive meetings of the Board of Management without the consent of the Board of Management.\n\n(6) Casual vacancies on the Board shall be filled—\n\nS. 9(6)(a)  \namended by No. 97/1997  \ns. 11(4).\n\n(a) by the Synod after consultation with the Board of Management if the vacating member was appointed by the Synod;\n\n(b) by the Board if the vacating member was appointed by the Board.\n\n(7) A person appointed to fill a casual vacancy shall hold office for the expiration of the term of the member in respect of whom the casual vacancy occurred and shall be eligible for re-appointment.\n\nS. 9(8)  \nrepealed by  \nNo. 97/1997  \ns. 11(5).\n\n* * * * *\n\n(9) Notwithstanding anything to the contrary in this section, the Board of Management as first constituted shall consist of eleven persons appointed by the Hospital Board of Epworth Hospital of whom—\n\n(a) three (who shall be selected by the Board of Management at its first meeting by agreement or in default of agreement by lot) shall retire at the expiration of one year after their appointment;\n\n(b) three (who shall be selected by the Board of Management at its first meeting by agreement or in default of agreement by lot) shall retire at the expiration of two years after their appointment; and\n\n(c) the remainder shall retire at the expiration of three years after their appointment—\n\nand each vacancy occurring by reason of the retirement of members pursuant to this subsection shall be filled in accordance with subsection (1).\n\n\t10 Annual general meeting and report\n\n(1) The Board of Management shall in each year after the year in which this Act comes into operation hold a meeting to be called the Annual General Meeting of the Board of Management.\n\nS. 10(2)  \namended by No. 97/1997  \ns. 12(a)(i).\n\n(2) The Annual General Meeting of the Board of Management shall be held on 31 December in each year or such earlier date (not being earlier than 1 August) in that year as the Board determines.\n\nS. 10(3)  \namended by No. 97/1997  \ns. 12(a)(ii).\n\n(3) At its Annual General Meeting the Board of Management shall consider and adopt a report on the affairs of the Foundation for the preceding year.\n\nS. 10(4)  \namended by No. 97/1997  \ns. 12(a)(iii).\n\n(4) The Board of Management shall present a copy of the report adopted at its Annual General Meeting to the Synod.\n\n\t11 President and Deputy President\n\n(1) At the meeting following each Annual General Meeting of the Board of Management the members of the Board shall elect a President and Deputy President of the Board from among their number.\n\n(2) Subject to this section, the President and Deputy President shall each hold office until conclusion of the meeting following the Annual General Meeting next following their appointment.\n\n(3) The President or Deputy President shall cease to hold office on ceasing to be a member of the Board.\n\nS. 11(4)  \namended by No. 97/1997  \ns. 12(b)(i).\n\n(4) The President or Deputy President may resign his or her office in writing.\n\n(5) If the President resigns or otherwise ceases to hold office, the Deputy President shall hold office as President until the conclusion of the meeting following the next Annual General Meeting.\n\n(6) If the Deputy President—\n\n(a) resigns or otherwise ceases to hold office; or\n\n(b) becomes President by operation of subsection (5)—\n\nthen the members of the Board of Management shall elect a person from among their number to be Deputy President until the conclusion of the next following Annual General Meeting.\n\nS. 11(7)  \namended by No. 97/1997  \ns. 12(b)(ii).\n\n(7) The President and Deputy President shall be eligible for re-election.\n\n\t12 Proceedings of the Board of Management\n\nS. 12(1)  \namended by No. 97/1997  \ns. 12(c)(i).\n\n(1) Subject to section 10(1), meetings of the Board of Management shall be held at such times and places as the Board determines or the President directs.\n\nS. 12(2)  \namended by No. 97/1997  \ns. 12(c)(ii)(iii).\n\n(2) If the President receives a written request for a meeting of the Board signed by three or more members of the Board he or she shall direct that a meeting be held.\n\n(3) At a meeting of the Board of Management, six persons shall constitute a quorum.\n\n(4) At a meeting of the Board of Management—\n\nS. 12(4)(a)  \namended by No. 97/1997  \ns. 12(c)(i)(iii).\n\n(a) if the President is present, he or she shall preside;\n\nS. 12(4)(b)  \namended by No. 97/1997  \ns. 12(c)(i).\n\n(b) if the Deputy President is present but the President is not, the Deputy President shall preside; or\n\n(c) if neither the President nor the Deputy President is present, a member of the Board of Management elected by those members present shall preside.\n\n(5) All questions before the Board of Management shall be decided by a majority of votes, and in the event of an equality of votes the presiding member shall have an additional vote.\n\n(6) An act or decision of the Board of Management shall not be invalid by reason of a vacancy on the Board at the time or a defect or irregularity in the appointment of a member.\n\n(7) Subject to this Act, the Board of Management shall determine its own procedure.\n\n\t13 Powers of Board of Management\n\nThe Board of Management shall have power to—\n\nS. 13(a)  \nsubstituted by No. 97/1997  \ns. 12(d).\n\n(a) exercise the powers of the Foundation;\n\nS. 13(b)  \namended by No. 97/1997  \ns. 12(e).\n\n(b) obtain by means of subscriptions, donations, bequests or otherwise money or property for the purposes of the Foundation;\n\nS. 13(c)  \namended by No. 97/1997  \ns. 12(e).\n\n(c) confer and co-operate with the Commonwealth Government, the Government of Victoria, any government department, any municipal council or any other public body in all matters conducive to the furtherance of the objects of the Foundation;\n\nS. 13(d)  \namended by No. 97/1997  \ns. 12(e).\n\n(d) appoint as a Life Governor of the Foundation any person who has in the opinion of the Board rendered outstanding services to the Foundation or made substantial donations to it; and\n\n(e) do such things as are incidental to the exercise of its powers.\n\n\t14 Chief Executive Officer\n\nS. 14(1)  \namended by No. 97/1997  \ns. 12(f)(i).\n\n(1) The Board of Management shall from time to time appoint a Chief Executive Officer, however styled, to manage the Foundation.\n\n(2) The Board of Management may at any time remove any person appointed under subsection (1).\n\n(3) The Chief Executive Officer shall report to the Board of Management.\n\nS. 14(4)  \nrepealed by No. 97/1997  \ns. 12(f)(ii).\n\n* * * * *\n\n(5) The Board of Management may from time to time appoint a person to be the deputy of the Chief Executive Officer.\n\n\t15 Seal\n\nS. 15(1)  \namended by No. 97/1997  \ns. 12(g)(i)(ii).\n\n(1) The common seal of the Foundation shall be in the control of the President and Deputy President and the Chief Executive Officer.\n\n(2) The common seal shall not be used except pursuant to a resolution passed at a properly constituted meeting of the Board of Management.\n\nS. 15(3)  \namended by No. 97/1997  \ns. 12(h).\n\n(3) The seal shall be deemed not to have been validly affixed to a document unless the document is signed by two members of the Board of Management or by one member of the Board of Management and the Chief Executive Officer or his or her deputy.\n\n\t16 Accounts\n\nS. 16(1)  \namended by No. 97/1997  \ns. 12(i).\n\n(1) The Board of Management shall cause full and true accounts to be kept of the income and expenditure of the Foundation and of its assets and liabilities.\n\nS. 16(2)  \namended by No. 97/1997  \ns. 12(i).\n\n(2) A member of the Board of Management may inspect the accounts of the Foundation at the times and on the conditions determined by the Board.\n\nS. 16(3)  \namended by No. 97/1997  \ns. 12(i).\n\n(3) The Board of Management shall each year appoint a registered company auditor to audit the accounts of the Foundation.\n\n\t17 Committees\n\nS. 17(1)  \namended by No. 97/1997  \ns. 12(i).\n\n(1) The Board of Management may, as it deems necessary, from time to time form and discharge committees and councils however named to advise or assist it upon matters related to the Foundation and its objects including, without limiting the generality of the foregoing, a Medical Advisory Council to advise it on medical matters pertaining to the Foundation.\n\n(2) The Board of Management may appoint a person to serve on a committee or council whether or not the person is a member of the Board.\n\n(3) The Chairman of a committee or council may be nominated by the Board but in default of such a nomination the committee or council shall elect its own Chairman.\n\n(4) All questions before committees and councils shall be decided by a majority of votes, and in the event of an equality of votes the Chairman shall have an additional vote.\n\n\t18 Disclosure of interests\n\nS. 18(1) amended by Nos 9549  \ns. 2(1)(Sch. item 56), 97/1997  \ns. 12(j).\n\n(1) A member of the Board of Management or of any committee or council formed pursuant to section 17 who has or acquires any financial interest, other than a financial interest which may properly be regarded as not of a material nature, in a contract or arrangement made or proposed to be made by the Foundation shall disclose his or her interest in the contract or arrangement or proposed contract or arrangement to the Board or committee or council (as the case may be).\n\n(2) A member who makes a disclosure under subsection (1) shall do so—\n\nS. 18(2)(a)  \namended by No. 97/1997  \ns. 12(k)(i)(ii).\n\n(a) if the member is aware of his or her interest at the first meeting of the Board of Management or committee or council at which the contract or arrangement or proposed contract or arrangement is considered—at that meeting; or\n\nS. 18(2)(b)  \namended by No. 97/1997  \ns. 12(k).\n\n(b) if his or her interest does not exist when the contract or arrangement or proposed contract or arrangement is first considered by the Board or committee or council or the member is not aware of its existence—at the first meeting of the Board or committee or council after the member acquires his or her interest or becomes aware of his or her interest (as the case may be).\n\n(3) A member of the Board of Management or committee or council who makes a disclosure under subsection (1) shall not vote on any resolution concerning the contract or arrangement or proposed contract or arrangement in respect of which the disclosure was made.\n\n(4) Notwithstanding this section, any act done or resolution passed at any meeting of the Board of Management or any committee or council shall be valid and effective notwithstanding the breach by any member of the Board or committee or council of the terms of this section.\n\nS. 19  \namended by Nos 97/1997  \ns. 12(l)(i)-(iv), 74/2000 s. 3(Sch. 1 item 42.2).\n\n\t19 Indemnity\n\nEvery member of the Board and every officer and employee of the Foundation shall be indemnified out of the assets of the Foundation against any liability incurred by him or her in defending any proceedings, whether civil or criminal, in which judgment is given in his or her favour or in which he or she is acquitted or in connexion with any application under the Act in which relief is granted to him or her by the Court in respect of any negligence, default, breach of duty or breach of trust.\n\nPt 3 (Heading) inserted by No. 97/1997  \ns. 14(1).\n\nPart 3—Property of Former Hospital\n\n\t20 Land, property, obligations etc. vested in the Hospital\n\n(1) On the commencement of this Act—\n\n(a) all the piece of land described in Certificate of Title Volume 9349 Folio 634 shall by the authority of this Act and without need for any instrument of transfer or conveyance be vested in the Hospital for an estate in fee simple subject to the encumbrances (if any) specified on the Certificate of Title for the land or otherwise affecting it;\n\n(b) all other real or personal property of whatsoever nature and wheresoever situate which is vested in the hospital at Erin Street, Richmond known as Epworth Hospital (in this section referred to as the ***Former Hospital***) or held in trust for the Former Hospital or the Hospital Board thereof by the Property Trust or any other person shall by the authority of this Act and without need for any transfer or conveyance be vested in the Hospital;\n\n(c) all liabilities and obligations of the Former Hospital or the Hospital Board thereof shall become and be liabilities and obligations of the Hospital;\n\n(d) all liabilities and obligations undertaken on behalf of or in relation to the Former Hospital or the Hospital Board thereof by the Property Trust or any other person shall become and be liabilities and obligations of the Hospital;\n\n(e) any guarantee executed by the Treasurer of Victoria under the **Epworth Hospital (Guarantee) Act 1977** guaranteeing the repayment by the Property Trust of any loan made to it shall be deemed to guarantee the repayment by the Hospital of that loan and may be enforced as if it had been executed under section 6 and, without restricting the generality of the foregoing or paragraph (c) or (d), the liabilities and obligations of the Property Trust or the Former Hospital or the Hospital Board thereof in relation to any loan guaranteed under that Act shall become and be liabilities and obligations of the Hospital;\n\nS. 20(1)(f) repealed by No. 10087  \ns. 4(1)(Sch. 2).\n\n* * * * *\n\n(g) the Hospital Board of the Former Hospital and the Property Trust shall severally be discharged from all liabilities and obligations transferred to the Hospital by this section;\n\n(h) all contracts, agreements, deeds, bonds and other instruments lawfully entered into or made by the Former Hospital or the Hospital Board thereof or by the Property Trust for or in connection with the Former Hospital and subsisting immediately before the commencement of this Act shall be as binding and of as full force and effect in all respects against or in favour of the Hospital, and may be enforced as fully and effectually, as if they had been entered into or made by the Hospital;\n\n(i) any action, arbitration or proceeding and any cause of action which was immediately before the commencement of this Act pending or subsisting by or in favour of or against the Former Hospital or the Hospital Board thereof or the Property Trust in respect of the operation or property of the Former Hospital shall not be abated or discontinued or prejudicially affected by reason of the provisions of this Act but may be prosecuted, continued or enforced by, against or in favour of the Hospital in the same manner in which it might have been prosecuted, continued or enforced by or against or in favour of the Former Hospital or the Hospital Board thereof or the Property Trust if this Act had not been enacted; and\n\n(j) all acts, matters and things of a continuing nature made, done or commenced by or on behalf of the Former Hospital or the Hospital Board thereof or the Property Trust in relation to the Former Hospital or the property vested by this section in the Hospital which have any force or effect or are capable of acquiring any force or effect shall be deemed to have been made, done or commenced by or in relation to or on behalf of the Hospital and shall have or acquire force or effect and may be continued or completed by or in relation to or on behalf of the Hospital accordingly.\n\n(2) A donation, gift, disposition, bequest or trust of property made or declared before or after the commencement of this Act, whether by deed, will or otherwise, to or for the purposes of the Epworth Hospital, shall not fail by reason of any of the provisions of this Act but shall take effect as if—\n\n(a) any reference therein (however expressed) to the Epworth Hospital or to the hospital conducted at Erin Street, Richmond by the Uniting Church or by the Methodist Church or to the hospital conducted by the Hospital Board at Erin Street, Richmond were a reference to the hospital conducted by the Hospital; and\n\n(b) any reference therein (however expressed) to the Hospital Board were a reference to the Board of Management constituted pursuant to section 9.\n\nS. 20(3) inserted by No. 97/1997  \ns. 13.\n\n(3) In this section, ***the Hospital*** means the body corporate established under section 3.\n\nPt 4 (Heading) inserted by No. 97/1997  \ns. 14(2).\n\nPart 4—General\n\n\t21 Regulations\n\nS. 21(1)  \namended by No. 97/1997  \ns. 15.\n\n(1) The Board of Management may make regulations for or with respect to all matters concerning the Foundation.\n\n(2) Without limiting the generality of subsection (1), the regulations may make provision for or with respect to—\n\n(a) inspection of accounts by Board members;\n\nS. 21(2)(b)  \namended by No. 97/1997  \ns. 15.\n\n(b) provision of medical and surgical services by the Foundation;\n\nS. 21(2)(c)  \namended by No. 97/1997  \ns. 15.\n\n(c) the terms and conditions of employment of officers or staff of the Foundation;\n\nS. 21(2)(d)  \namended by No. 97/1997  \ns. 15.\n\n(d) the provision by the Foundation of courses of study and training;\n\n(e) the establishment and operation of the Medical Advisory Council referred to in section 17(1); and\n\nS. 21(2)(f)  \namended by No. 97/1997  \ns. 15.\n\n(f) any other matters necessary for the good government and management of the Foundation.\n\nS. 21(3)  \namended by No. 97/1997  \ns. 15.\n\n(3) Regulations under this section shall be in writing under the common seal of the Foundation.\n\n(4) The Board of Management may by later regulation revoke or amend any regulation made under this section.\n\nS. 21A inserted by No. 97/1997  \ns. 16.\n\n\t21A Donations, gifts and trusts\n\nIf—\n\n(a) before, on or after the commencement of section 16 of the **Epworth Hospital (Amendment) Act 1997**—\n\n(i) a gift, disposition or trust of property has been or is made or declared or is deemed to have been made or declared; or\n\n(ii) a trust fund has been or is created—\n\n(whether by deed, will or otherwise) to, or in favour of, for the use of, or for the purposes of the Epworth Hospital or the Erin Street hospital or the Foundation; and\n\n(b) the gift, disposition or trust of property takes effect, or may take effect, or the trust fund may be applied, on or after that commencement—\n\nthe gift, disposition, trust or trust fund does not fail only because of the provisions of this Act but on or after that commencement—\n\n(c) in the case of a gift, disposition or trust, takes effect as if made or declared to or in favour of the Foundation for a purpose of the Foundation that corresponds with, or is similar to, the purpose for which the gift, disposition or trust was made or declared; and\n\n(d) in the case of a trust fund, may be applied as if created to or in favour of the Foundation for a purpose of the Foundation that corresponds with, or is similar to, the purpose for which the fund was created.\n\nS. 22 amended by No. 97/1997  \ns. 17.\n\n\t22 Amendment of Act\n\nThe Board of Management shall not seek or take action towards the amendment of this Act without a two-thirds majority decision of the Board and without first having obtained the approval of the Synod or its Standing Committee to the proposed amendment.\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 6 May 1980*\n\n*Legislative Council: 7 May 1980*\n\nThe long title for the Bill for this Act was \"An Act to establish a Body Corporate under the name of Epworth Hospital, to repeal the **Epworth Hospital (Guarantee) Act 1977** and the **Epworth Hospital (Guarantee) (Amendment) Act 1977**, and for other purposes.\".\n\nThe **Epworth Hospital Act 1980** was assented to on 20 May 1980 and came into operation on 25 June 1980: Government Gazette 25 June 1980 page 2122.\n\nThe name of this Act was changed from the **Epworth Hospital Act 1980** to  the **Epworth Foundation Act 1980** by section 5 of the **Epworth Hospital (Amendment) Act 1997**, No. 97/1997.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Epworth Foundation Act 1980** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Statute Law Revision Act 1981, No. 9549/1981**\n\n| Assent Date: | 19.5.81 |\n| --- | --- |\n| Commencement Date: | S. 2(1)(Sch. item 56) on 19.5.81: s. 1(2) |\n| Current State: | This information relates only to the provision/s amending the **Epworth Foundation Act 1980** |\n\n\n**Statute Law Revision Act 1984, No. 10087/1984**\n\n| Assent Date: | 22.5.84 |\n| --- | --- |\n| Commencement Date: | S. 4(1)(Sch. 2) on 22.5.84: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Epworth Foundation Act 1980** |\n\n\n**Equal Opportunity Act 1995, No. 42/1995**\n\n| Assent Date: | 14.6.95 |\n| --- | --- |\n| Commencement Date: | S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 item 16 on 1.1.96: Government Gazette 21.12.95 pp 3570−3571 |\n| Current State: | This information relates only to the provision/s amending the **Epworth Foundation Act 1980** |\n\n\n**Epworth Hospital (Amendment) Act 1997, No. 97/1997**\n\n| Assent Date: | 16.12.97 |\n| --- | --- |\n| Commencement Date: | Pt 2 (ss 3–17) on 16.12.97: s. 2(1); Pt 3 (ss 18–22) never proclaimed, repealed by No. 70/2013 s. 6(Sch. 4) |\n| Current State: | This information relates only to the provision/s amending the **Epworth Foundation Act 1980** |\n\n\n**Statute Law Revision Act 2000, No. 74/2000**\n\n| Assent Date: | 21.11.00 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. 1 item 42) on 22.11.00: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Epworth Foundation Act 1980** |\n\n\n**The Uniting Church in Australia Amendment Act 2008, No. 28/2008**\n\n| Assent Date: | 3.6.08 |\n| --- | --- |\n| Commencement Date: | S. 8(1) on 4.6.08: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Epworth Foundation Act 1980** |\n\n\n**Health Legislation Amendment (Regulatory Reform) Act 2024, No. 39/2024**\n\n| Assent Date: | 29.10.24 |\n| --- | --- |\n| Commencement Date: | S. 114 on 30.10.24: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Epworth Foundation Act 1980** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act’s scope has been altered from the original Epworth Hospital statute: the entity was renamed/configured as the Epworth Foundation and its objects and powers were clarified/expanded (see s.3(5); s.4). Amendments added statutory protection for gifts and trusts (s.21A), updated governance and appointment provisions (s.9), and confirmed automatic vesting of assets and liabilities in the Foundation (s.20). These changes broadened administrative powers and formalised donor/trust handling."},"complexity_factors":["Statutory creation and succession: the Foundation is the legal successor to the former hospital and receives title, assets and liabilities automatically (s.3; s.20(1)(a)–(d)).","Constrained use of funds: income and property must be applied solely to Foundation objects, limiting financial flexibility (s.7(1)).","Governance mix and appointment rules: an 11‑member Board with appointments split between Synod and the Board creates shared control and multiple appointment pathways (s.9).","Membership tenure and eligibility limits: multi‑year terms, nine‑year continuity rule and reappointment conditions impose turnover and compliance checks (s.9(2)–(3)).","Board discretion to make regulations and run operations gives internal rule‑making power but transfers administrative compliance burden to the Foundation (s.21; s.13).","Conflict‑of‑interest and disclosure obligations for Board and committee members create ongoing procedural duties (s.18(1)–(3)).","Officer protections shift litigation cost risk to the Foundation via indemnity provisions (s.19) and permit payment of salaries and fees (s.7(2)), affecting operating costs and incentives.","Vesting and non‑abatement clauses preserve contractual and litigation rights, complicating legacy liabilities management (s.20(1)(h)–(i)).","Donations/trusts protection: statutory rules preserve prior and future gifts and trust funds and redirect them to Foundation purposes, affecting donor intent and trust administration (s.20(2); s.21A).","Amendment constraint: changes to the Act require a two‑thirds Board decision plus Synod approval, raising the threshold for future legal change (s.22)."],"plain_english_summary":"This Act creates the Epworth Foundation as the corporate successor to Epworth Hospital and vests the hospital’s land, assets and liabilities in the Foundation (s.3, s.20). It empowers the Foundation to run hospitals, provide health services and fund research and education, and requires income/property be used for those objects; surplus on winding up goes to the Uniting Church Property Trust (s.4, s.7, s.8). Governance is by an 11‑member Board with Synod and Board appointment roles and a CEO; amendments need a two‑thirds Board vote plus Synod approval (s.9, s.22)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The scope appears to have broadened modestly over time, as evidenced by the title change from 'Epworth Hospital Act 1980' to 'Epworth Foundation Act 1980'. This suggests the legislation was amended to reflect the organisation's expansion from a single hospital into a wider health foundation, indicating the original intent (governing one hospital) was extended to cover a larger organisational structure."},"complexity_factors":["Very limited legislative content available for analysis — only metadata and version history provided","Straightforward incorporation/establishment type legislation with a narrow, specific purpose","Single subject matter — establishing one named entity","No visible complex regulatory frameworks, offence provisions, or multi-agency interactions","Simple historical change of name from Epworth Hospital Act to Epworth Foundation Act"],"plain_english_summary":"The Epworth Foundation Act 1980 gives Epworth formal legal recognition under Victorian law, establishing it as a statutory entity able to own property, enter contracts and operate as a health organisation. It affects Epworth’s staff, patients and anyone dealing with the Foundation legally or contractually. The Act’s renaming from “Hospital” to “Foundation” reflects its evolution from a single hospital to a broader health institution."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original 1980 purpose. Initially established simply to create 'Epworth Hospital' as a body corporate to take over a single hospital in Richmond, Victoria, the 1997 amendments transformed it into the 'Epworth Foundation' with much broader objects. The scope expanded from running one hospital to: funding medical research nationally, supporting health education across Australia, providing financial assistance for healthcare to disadvantaged Australians, operating multiple hospitals, and granting funds to other charitable health entities. The 1997 changes also added specific Uniting Church ethical requirements and created a more complex governance structure with term limits and committee systems."},"complexity_factors":["Moderate length (22 sections plus endnotes) but relatively straightforward structure","8 defined terms in section 2, with several added through amendments over time","Multiple amendment layers (notably the 1997 rewrite which changed the name from 'Epworth Hospital' to 'Epworth Foundation' and significantly expanded the objects)","Some conditional logic around board tenure limits (9-year cap with override provisions)","Cross-references to the Uniting Church in Australia Act 1977 for definitions","Transitional provisions in section 20 dealing with property transfer from the former hospital entity","Savings provisions ensuring historical donations and trusts remain valid despite organisational changes"],"plain_english_summary":"This legislation creates and governs the **Epworth Foundation**, a not-for-profit body corporate that operates hospitals and funds medical research, education, and healthcare in Australia.\n\n**What it does:**\n- **Establishes the Foundation** as a legal entity (a 'body corporate') that can own property, enter contracts, and sue or be sued.\n- **Sets out its purposes**, which include running hospitals, funding medical research, training doctors and nurses, helping people who can't afford healthcare, and supporting other charitable health organisations.\n- **Requires the Foundation to operate according to Uniting Church values**—specifically, treating patients with respect 'as a person before God'.\n- **Creates a Board of Management** with 11 members to govern the Foundation. Six members are appointed by the Uniting Church Synod (after consulting the Board), three by the Board itself, plus the CEO and the head of the Medical Advisory Council.\n- **Transfers assets** from the original Epworth Hospital (founded by the Methodist Church in 1920) to the new Foundation, ensuring donations and gifts made to the old hospital still apply to the new entity.\n- **Protects board members and staff** by indemnifying them (covering their legal costs) if they are sued for actions taken in good faith while doing their jobs.\n\n**Who it affects:**\n- Patients receiving care at Epworth hospitals\n- Medical staff, researchers, and students who receive funding or training\n- The Uniting Church, which maintains a connection through board appointments and ethical oversight\n- Donors and benefactors whose gifts are protected and directed toward charitable purposes\n\n**Why it matters:**\nThis Act ensures Epworth Hospital—one of Australia's largest private hospital groups—operates as a charitable organisation rather than a for-profit business. It guarantees that any surplus funds are reinvested into healthcare, research, and education, and that if the Foundation ever winds up, its assets must go to other charitable purposes rather than private owners."}},"importantCases":[],"_links":{"self":"/api/acts/epworth-foundation-act-1980","history":"/api/acts/epworth-foundation-act-1980/history","analysis":"/api/acts/epworth-foundation-act-1980/analysis","conflicts":"/api/acts/epworth-foundation-act-1980/conflicts","importantCases":"/api/acts/epworth-foundation-act-1980/important-cases","documents":"/api/acts/epworth-foundation-act-1980/documents"}}