{"id":"jewish-care-victoria-act-2002","name":"Jewish Care (Victoria) Act 2002","slug":"jewish-care-victoria-act-2002","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178301,"registerId":"vic-jewish-care-victoria-act-2002-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Jewish Care (Victoria) Act 2002","content":"Version No. 002\nJewish Care (Victoria) Act 2002\nNo. 12 of 2002\nVersion as at 7 December 2007\nTABLE OF PROVISIONS\nSection Page\n1 Purposes 2\n2 Commencement 2\n3 Definitions 2\n4 Effect of gifts etc. 3\n5 Application of trust funds 4\n═══════════════\nENDNOTES 5\n1. General Information 5\n2. Table of Amendments 6\n3. Explanatory Details 7\ni\n\nVersion No. 002\nJewish Care (Victoria) Act 2002\nNo. 12 of 2002\nVersion as at 7 December 2007\nPreamble\n(1) Jewish Care (Victoria) Inc. was incorporated\non 1 February 2001 as a result of the\namalgamation of—\n(a) Jewish Community Services Inc. which\nwas incorporated on 1 July 1998 (and\nwas formerly known as Jewish Welfare\nSociety Inc.); and\n(b) Montefiore Homes for the Aged Inc.\nwhich was incorporated on 28 June\n1991.\n(2) Jewish Care (Victoria) Inc. continues to\nprovide all of the services that were provided\nbefore the amalgamation by Jewish\nCommunity Services Inc. and Montefiore\nHomes for the Aged Inc.\n(3) It is intended that Jewish Care (Victoria)\nInc., and the Jewish community generally, be\nable to benefit from certain—\n(a) property given for charitable purposes\nto; and\n(b) trust funds created in favour of—\nJewish Community Services Inc., Montefiore\nHomes for the Aged Inc. or the predecessors\nof those bodies.\n1\n\nJewish Care (Victoria) Act 2002\nNo. 12 of 2002\ns. 1\nThe Parliament of Victoria therefore enacts as follows:\n1 Purposes\nThe purposes of this Act are to provide—\n(a) for the vesting in Jewish Care of certain\nproperty; and\n(b) that certain trust funds may be applied as if\ncreated in favour of Jewish Care.\n2 Commencement\nThis Act comes into operation on the day after the\nday on which it receives the Royal Assent.\n3 Definitions\nIn this Act—\ncommencement means commencement of this\nAct;\nJewish Care means Jewish Care (Victoria) Inc.\n(Association Registration Number\nA0040705X);\nJewish Community Services means Jewish\nCommunity Services Inc. (formerly\nregistered as Association Registration\nNumber A0016295J) and includes its\npredecessors—\n(a) Jewish Welfare Society Inc.; and\n(b) Australian Jewish Welfare and Relief\nSociety (a company limited by\nguarantee);\nMontefiore Homes means Montefiore Homes for\nthe Aged Inc. (formerly registered as\nAssociation Registration Number\nA0023351G) and includes its predecessors—\n(a) Melbourne Jewish Philanthropic\nSociety; and\n2\n\nJewish Care (Victoria) Act 2002\nNo. 12 of 2002\ns. 4\n(b) Melbourne Jewish Philanthropic\nSociety and Montefiore Homes for the\nAged;\nproperty means any legal or equitable estate or\ninterest (whether present or future and\nwhether vested or contingent) in real or\npersonal property of any description;\nwill includes a codicil and any testamentary\ndisposition.\n4 Effect of gifts etc.\n(1) A gift, disposition or trust of property that before\nthe commencement has been, or is taken to have\nbeen, made or declared (whether by deed, will or\notherwise) to, in favour of, or for a charitable\npurpose of, Jewish Community Services or\nMontefiore Homes—\n(a) is taken not to fail merely because those\nbodies no longer exist; and\n(b) if it is capable of taking effect to any extent\non or after the commencement, takes effect\nto that extent on and after the\ncommencement as if it were made or\ndeclared—\n(i) to or in favour of Jewish Care; and\n(ii) for a purpose of Jewish Care\ncorresponding with, or similar to, the\ncharitable purposes for which it was, or\nwas taken to be, made or declared.\n(2) A gift, disposition or trust of property that on or\nafter the commencement is, or is taken to be,\nmade or declared (whether by deed, will or\notherwise) to, in favour of, or for a charitable\npurpose of, Jewish Community Services or\nMontefiore Homes takes effect when it is, or is\n3\n\nJewish Care (Victoria) Act 2002\nNo. 12 of 2002\ns. 5\ntaken to be, made or declared as if it were made or\ndeclared—\n(a) to or in favour of Jewish Care; and\n(b) for a purpose of Jewish Care corresponding\nwith, or similar to, the charitable purposes\nfor which it is, or is taken to be, made or\ndeclared.\n5 Application of trust funds\n(1) A trust fund that before the commencement has\nbeen created (whether by deed, will or otherwise)\nin favour, or for a charitable purpose, of Jewish\nCommunity Services or Montefiore Homes—\n(a) is taken not to fail merely because those\nbodies no longer exist; and\n(b) if it is capable of being applied to any extent\non or after the commencement, may be\napplied to that extent on or after the\ncommencement as if it were created—\n(i) in favour of Jewish Care; and\n(ii) for a purpose of Jewish Care\ncorresponding with, or similar to, the\ncharitable purposes for which it was\ncreated.\n(2) A trust fund that on or after the commencement is\ncreated (whether by deed, will or otherwise) in\nfavour, or for a charitable purpose, of Jewish\nCommunity Services or Montefiore Homes may\nbe applied as if it were created—\n(a) in favour of Jewish Care; and\n(b) for a purpose of Jewish Care corresponding\nwith, or similar to, the charitable purposes\nfor which it was created.\n═══════════════\n4\n\nJewish Care (Victoria) Act 2002\nNo. 12 of 2002\nEndnotes\nENDNOTES\n1. General Information\nMinister's second reading speech—\nLegislative Assembly: 28 March 2002\nLegislative Council: 18 April 2002\nThe long title for the Bill for this Act was \"relating to Jewish Care (Victoria)\nInc. and for other purposes.\"\nThe Jewish Care (Victoria) Act 2002 was assented to on 30 April 2002 and\ncame into operation on 1 May 2002: section 2.\n5\n\nJewish Care (Victoria) Act 2002\nNo. 12 of 2002\nEndnotes\n2. Table of Amendments\nThere are no amendments made to the Jewish Care (Victoria) Act 2000 by\nActs and subordinate instruments.\n6\n\nJewish Care (Victoria) Act 2002\nNo. 12 of 2002\nEndnotes\n3. Explanatory Details\nNo entries at date of publication.\n7","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"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This version does not expand the legislative scope beyond its original, stated purpose: to vest property and permit the application of trust funds for Jewish Community Services and Montefiore Homes in favour of Jewish Care (s.1, preamble). The Table of Amendments records no subsequent amendments, and the Act's provisions are narrowly confined to treating existing and future charitable gifts and trusts as applying to Jewish Care where purposes correspond or are similar (ss.4–5). There is no addition of new powers, regulatory regimes, or broader subject matter beyond the vesting and trust‑application mechanics."},"complexity_factors":["Short Act: 5 operative sections plus definitions and preamble","6 defined terms in s.3 (commencement, Jewish Care, Jewish Community Services, Montefiore Homes, property, will)","Simple conditional structure: separate clauses for gifts/trusts made before commencement and those made on/after commencement (ss.4 and 5)","Limited cross-references and no layered exceptions or penalties","One interpretive phrase that creates some uncertainty: \"corresponding with, or similar to\" (ss.4, 5) — potential source of dispute but not complex drafting"],"plain_english_summary":"**What this law does (mechanics)\n\n- The Act transfers (vests) certain property and trust funds that used to be held for two predecessor charities — Jewish Community Services Inc. and Montefiore Homes for the Aged Inc. — to Jewish Care (Victoria) Inc. (\"Jewish Care\"). (Preamble; s.1)\n\n- Any gift, disposition or trust made to, in favour of, or for a charitable purpose of the two predecessor bodies is treated as not having failed simply because those bodies no longer exist. If such a gift or trust can operate on or after the Act starts, it operates as if it were made to Jewish Care and for a Jewish Care charitable purpose that corresponds with or is similar to the original purpose. (s.4)\n\n- The same treatment applies to trust funds: trusts created for the predecessor bodies before or after the Act commence may be applied as if they were created for Jewish Care and for corresponding or similar charitable purposes. (s.5)\n\n- The Act applies to dispositions made by deed, will (including codicils) or otherwise, and covers legal and equitable interests in real or personal property (definitions in s.3).\n\nWho is affected\n\n- Jewish Care (Victoria) Inc. is the direct beneficiary: property and trust funds intended for the predecessor bodies can be used by Jewish Care. (s.1, s.4, s.5)\n\n- Donors, testators (people who make wills), and trustees of existing trusts tied to the predecessor organisations are affected because the legal effect of their gifts or trusts is redirected to Jewish Care when the conditions in the Act are met. (s.3, s.4, s.5)\n\n- Potentially affected third parties include any persons or entities with contingent interests under wills or trusts that named the predecessor bodies, because the Act treats those gifts as not having failed. (s.4)\n\nWhy it matters (official purpose and practical effects)\n\n- The Act prevents gifts and trusts intended for the predecessor charities from becoming ineffective just because those organisations amalgamated into Jewish Care. That preserves the operation of charitable dispositions without forcing re‑drafting of wills or repeated court applications. (s.4, s.5)\n\n- Mechanically, the Act reduces the need for courts or trustees to apply cy-près (a legal doctrine that redirects charitable gifts when original purposes cannot be followed) by statutorily redirecting gifts/trusts to Jewish Care where the purposes correspond or are similar. (s.4, s.5)\n\nAnalytical notes on costs, incentives, and practical issues\n\n- Who pays: There is no new taxation or levy. The concentrated beneficiary is Jewish Care (it receives property/trusts). Any reduction in administrative or legal costs is mostly to trustees and donor estates because fewer formal changes or court proceedings are required.\n\n- Who decides: The Act automatically treats qualifying gifts as if made to Jewish Care; it does not create a new administrative decision‑maker or require a regulator to reassign assets. Trustees and executors must implement the statutory treatment. (s.4, s.5)\n\n- Behavioural incentives: Donors and their advisers need not update existing documents solely because of the amalgamation; trustees can apply funds to Jewish Care where purposes align. That reduces transaction and compliance costs for estates and charities.\n\n- Trade‑offs and risks: The Act allows application of gifts/trusts where the purposes are \"corresponding with, or similar to\" the original charitable purposes. That phrase gives some discretion and may source disagreements about donor intent. The Act does not set a detailed test for \"similarity\", so disputes could still lead to court involvement.\n\n- Implementation and compliance burden: Low for most parties — trustees and executors must follow the statutory direction. The principal operational burden falls on Jewish Care to demonstrate that a particular gift or trust corresponds with its charitable purposes if questioned.\n\n- Effects on private enterprise and competition: The measure is narrowly charitable in scope and does not regulate commercial markets or competition.\n\nKey sections to consult: Preamble; s.1 (purposes); s.3 (definitions); s.4 (effect of gifts, dispositions); s.5 (application of trust funds)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act appears to remain within its original narrow intent of incorporating Jewish Care Victoria as a legal entity. No evidence of scope expansion or material amendments altering its fundamental purpose."},"complexity_factors":["Very narrow and specific single-purpose legislation","Incorporation Acts follow a standard, well-established template with minimal variation","Limited substantive content — primarily administrative and procedural","No complex regulatory framework, penalties, or enforcement mechanisms apparent","Affects only one organisation and its direct stakeholders"],"plain_english_summary":"Jewish Care (Victoria) Act 2002 is a narrow incorporation law that gives Jewish Care Victoria formal legal status as a corporate body. It lets the charity act in its own name—enter contracts, hold property, and carry on despite changes in people—affecting the organisation, its staff, volunteers, clients, donors and contractual partners. It’s administrative housekeeping, not a broader rights-changing law."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the amalgamation of two specific charitable organisations by ensuring continuity of gifts and trusts. The scope has not expanded beyond the original intent of protecting charitable gifts intended for Jewish Community Services Inc. and Montefiore Homes for the Aged Inc."},"complexity_factors":["Only 5 operative sections (1-5) plus preamble and endnotes","8 defined terms in a single definitions section (s. 3)","No cross-references to other Acts","Simple conditional logic limited to temporal distinctions (before/after commencement)","No nested exceptions or complex provisos","Straightforward purpose: vesting property and continuing trusts","Minimal amendment history (no amendments recorded)"],"plain_english_summary":"**What this law does:**\n\nThis Act solves a practical problem that arose when two Jewish charitable organisations in Victoria merged to form a new entity called **Jewish Care (Victoria) Inc.** in 2001.\n\nWhen organisations merge or cease to exist, there's a legal risk that **gifts, bequests, and trust funds** left to the old organisations in people's wills or legal documents might \"fail\" (become invalid) because the named recipient no longer exists. This Act prevents that problem.\n\n**Who it affects:**\n\n- **Jewish Care (Victoria) Inc.** – the merged organisation that now receives gifts and manages trust funds originally intended for its predecessor bodies\n- **Jewish Community Services Inc.** (formerly Jewish Welfare Society) and **Montefiore Homes for the Aged Inc.** – the two organisations that merged to form Jewish Care\n- **Donors and testators** – people who left or leave money or property to the old organisations in their wills or through trusts\n\n**Why it matters:**\n\nWithout this law:\n- Gifts in wills to \"Jewish Welfare Society\" or \"Montefiore Homes\" could be returned to estates or distributed differently than the donor intended\n- Trust funds set up for the old organisations could become legally unmanageable\n- Charitable intentions of donors would be frustrated by the technicality that the organisation name had changed\n\n**How it works:**\n\nThe Act has two main mechanisms:\n\n1. **Automatic transfer of gifts** (Section 4): Any gift, will, or trust document naming the old organisations is treated as if it names Jewish Care instead, provided the purposes are similar.\n\n2. **Continuation of trust funds** (Section 5): Trust funds created for the old organisations can be applied by Jewish Care for corresponding purposes.\n\nThe Act applies both to gifts made *before* the merger (retrospectively) and *after* the merger (prospectively), ensuring no charitable gift falls through the cracks."}},"importantCases":[],"_links":{"self":"/api/acts/jewish-care-victoria-act-2002","history":"/api/acts/jewish-care-victoria-act-2002/history","analysis":"/api/acts/jewish-care-victoria-act-2002/analysis","conflicts":"/api/acts/jewish-care-victoria-act-2002/conflicts","importantCases":"/api/acts/jewish-care-victoria-act-2002/important-cases","documents":"/api/acts/jewish-care-victoria-act-2002/documents"}}