{"id":"mackillop-family-services-act-1998","name":"MacKillop Family Services Act 1998","slug":"mackillop-family-services-act-1998","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176493,"registerId":"vic-mackillop-family-services-act-1998-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"MacKillop Family Services Act 1998","content":"Version No. 002\nMacKillop Family Services Act 1998\nNo. 69 of 1998\nVersion as at 23 November 2007\nTABLE OF PROVISIONS\nSection Page\n1 Purposes 1\n2 Commencement 2\n3 Definitions 2\n4 Trustees may arrange for transfer of certain property to\nMacKillop 3\n5 Certain gifts, trusts, etc. not to fail 3\n6 Pooled investment of trust funds 4\n__________________\nSCHEDULE—Agencies and Charitable Purposes 5\n═══════════════\nENDNOTES 6\n1. General Information 6\n2. Table of Amendments 7\n3. Explanatory Details 8\ni\n\nVersion No. 002\nMacKillop Family Services Act 1998\nNo. 69 of 1998\nVersion as at 23 November 2007\nPreamble\nMacKillop Family Services Limited (MacKillop)\nwas incorporated under the Corporations Law of\nVictoria on 28 April 1997 to undertake the\nmanagement and control of certain child, youth\nand family care services conducted in Victoria by\nor under the auspices of—\n(a) the Christian Brothers St Patricks Province\nAustralia (Christian Brothers); and\n(b) the Melbourne Congregation of the Institute\nof the Sisters of Mercy of Australia (Sisters\nof Mercy); and\n(c) the Sisters of St Joseph of the Sacred Heart\nof the Victorian Province (Sisters of\nSt Joseph).\nIt is expedient to provide for the vesting in\nMacKillop of certain property given for charitable\npurposes to the Christian Brothers, Sisters of\nMercy and Sisters of St Joseph or certain agencies\nin connection with those services.\nThe Parliament of Victoria therefore enacts as follows:\n1 Purposes\nThe purposes of this Act are—\n(a) to make provision for the vesting in\nMacKillop of certain property given for\ncharitable purposes; and\n1\n\nMacKillop Family Services Act 1998\nNo. 69 of 1998\ns. 2\n(b) to provide that certain gifts and trusts for\ncharitable purposes do not fail but have\neffect as if made or declared to or in favour\nof MacKillop; and\n(c) to enable MacKillop to establish investment\npools for the collective investment of trust\nfunds for charitable purposes.\n2 Commencement\nThis Act comes into operation on the day on\nwhich it receives the Royal Assent.\n3 Definitions\nIn this Act—\nagency, in relation to a Congregation, means—\n(a) a person or body (whether incorporated\nor unincorporated) specified in\ncolumn 1 of the Schedule that, before\n1 July 1997, conducted one or more of\nthe charitable purposes specified in\ncolumn 2 of the Schedule;\n(b) a person or body (whether incorporated\nor unincorporated) that conducted a\ncharitable purpose referred to in\nparagraph (a) before it was conducted\nby the person or body referred to in that\nparagraph;\nCongregation means—\n(a) the Christian Brothers St Patricks\nProvince Australia;\n(b) the Melbourne Congregation of the\nInstitute of the Sisters of Mercy of\nAustralia;\n(c) the Sisters of St Joseph of the Sacred\nHeart of the Victorian Province;\n2\n\nMacKillop Family Services Act 1998\nNo. 69 of 1998\ns. 4\nMacKillop means MacKillop Family Services Ltd\nA.C.N. 078 299 288;\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 Trustees may arrange for transfer of certain\nproperty to MacKillop\nThe trustee of property given for a charitable\npurpose of a Congregation or an agency of a\nCongregation, may, with the agreement of\nMacKillop, transfer the property to MacKillop as\ntrustee to be applied by MacKillop for a charitable\npurpose that corresponds with, or is similar to, the\ncharitable purpose for which the property was\ngiven.\n5 Certain gifts, trusts, etc. not to fail\nIf, before, on or after the commencement of this\nAct—\n(a) a gift, disposition or trust of property has\nbeen or is made or declared or is deemed to\nhave been made or declared; or\n(b) a trust fund has been or is created—\n(whether by deed, will or otherwise) to, in favour\nof, for the use of, or for a charitable purpose of, a\nCongregation or an agency of a Congregation, the\ngift, disposition or trust takes effect, or may take\neffect, or the trust fund may be applied, on or after\nthat commencement as if made or declared to, or\ncreated in favour of, MacKillop for a charitable\npurpose of MacKillop that corresponds with, or is\nsimilar to, the charitable purposes of the\nCongregation or agency for which the gift,\n3\n\nMacKillop Family Services Act 1998\nNo. 69 of 1998\ns. 6\ndisposition or trust was made or declared or the\ntrust fund was created.\n6 Pooled investment of trust funds\nMacKillop may establish one or more investment\nfunds for the collective investment of any money\nheld on trust by it for different charitable purposes\nand may distribute income from each such fund\nrateably among the several charitable purposes for\nwhich the money so invested is held and any loss\narising from any such investment must be likewise\nborne rateably.\n__________________\n4\n\nMacKillop Family Services Act 1998\nNo. 69 of 1998\nSch.\nSCHEDULE\nAGENCIES AND CHARITABLE PURPOSES\nColumn 1\nAgency\nColumn 2\nCharitable Purpose\nMercy Family Care Centre, North\nGeelong (previously conducted\nunder the name of St Catherine's\nunder the auspices of the Sisters of\nMercy)\nThe provision of care and\neducation for girls, children and\nfamilies whether at Newtown,\nHighton or North Geelong\nSt Anthony's Family Service,\nFootscray (conducted under the\nauspices of the Sisters of St Joseph)\nThe provision of care and\neducation for children and families\nwhether at Kew or Footscray\nSt Augustine's Adolescent and\nFamily Services, Geelong (whether\nconducted under the auspices of the\nChristian Brothers or the Sisters of\nMercy)\nThe provision of care and\neducation for boys and girls\nwhether at Highton, Newtown,\nWhittington or Geelong\nSt Joseph's Babies and Family\nServices, Glenroy (conducted under\nthe auspices of the Sisters of St\nJoseph)\nThe provision of care for infants,\nchildren and pregnant women\nwhether at Broadmeadows, Carlton\nor Glenroy\nSt Joseph's Homes for Children,\nFlemington (whether conducted\nunder the auspices of the Christian\nBrothers or the Sisters of St Joseph)\nThe provision of care and\neducation for children whether at\nSurrey Hills or Flemington\nSt Vincent's Boys' Home, South\nMelbourne (whether conducted\nunder the auspices of the Christian\nBrothers or the Sisters of Mercy)\nThe provision of care and\neducation for boys or for boys and\ngirls\nSt Vincent de Paul Child and Family\nServices, Black Rock (conducted\nunder the auspices of the Sisters of\nMercy)\nThe provision of care and\neducation for girls or for boys and\ngirls\n═══════════════\n5\n\nMacKillop Family Services Act 1998\nNo. 69 of 1998\nEndnotes\nENDNOTES\n1. General Information\nMinister's second reading speech—\nLegislative Council: 7 October 1998\nLegislative Assembly: 22 October 1998\nThe long title for the Bill for this Act was \"A Bill relating to MacKillop\nFamily Services Ltd and for other purposes.\"\nThe MacKillop Family Services Act 1998 was assented to on 4 November\n1998 and came into operation on 4 November 1998.\n6\n\nMacKillop Family Services Act 1998\nNo. 69 of 1998\nEndnotes\n2. Table of Amendments\nThere are no amendments made to the MacKillop Family Services Act 1998\nby Acts and subordinate instruments.\n7\n\nMacKillop Family Services Act 1998\nNo. 69 of 1998\nEndnotes\n3. Explanatory Details\nNo entries at date of publication.\n8","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act’s operative provisions implement the purposes stated in its Preamble and s.1 by enabling vesting/transfers of charitable property to MacKillop, preserving gifts and trusts as if made to MacKillop, and authorising pooled investment (Preamble; s.1; s.4–s.6). The endnotes record no amendments to the Act (Endnotes, Table of Amendments), so the statutory scope as enacted remains aligned with the Act’s stated purposes."},"complexity_factors":["Short statute with few provisions reduces structural complexity.","Key operational phrases—\"corresponds with, or is similar to\"—require factual legal interpretation (s.4, s.5).","Interaction with existing trust and property law: transfers and recharacterisation of trusts involve trustee duties and formal transfer steps (s.4, s.5).","Pooled investment requires accounting and rateable allocation of income and losses across multiple charitable purposes (s.6).","Named Schedule ties the Act to specific agencies and purposes, limiting scope but requiring precise mapping of gifts to listed purposes (Schedule)."],"plain_english_summary":"What this law does (mechanically)\n\n- The Act moves legal rights over certain charitable property and gifts from a set of named religious congregations and their listed agencies to a company called MacKillop Family Services Ltd (MacKillop), or permits such transfers, so that MacKillop becomes the legal trustee or effective recipient for those charitable purposes. The Preamble and s.1 state the Act’s purpose to vest property and preserve gifts and trusts for MacKillop (Preamble; s.1).\n- Trustees who hold property given for a charitable purpose of a named Congregation or one of the agencies listed in the Schedule may transfer that property to MacKillop, but only with MacKillop’s agreement, and only to be applied for a charitable purpose that corresponds with, or is similar to, the original charitable purpose (s.4).\n- Gifts, dispositions, trusts or trust funds made for a Congregation or a listed agency will instead take effect as if they were made to MacKillop for a MacKillop charitable purpose that corresponds with, or is similar to, the original purpose (s.5).\n- MacKillop is explicitly authorised to create one or more pooled investment funds to invest money it holds on trust for different charitable purposes, and to distribute income and losses from those pooled funds rateably among the charitable purposes whose money is pooled (s.6).\n\nWho it affects and who decides\n\n- Donors and their estates who have given property for the named Congregations or agencies are affected because the legal recipient of those gifts can be MacKillop under this Act (s.5).\n- Trustees who currently hold property for those Congregations/agencies make the first-step decision to transfer property; their transfer is effective only with MacKillop’s agreement (s.4).\n- MacKillop gains the authority to be the trustee/recipient and to manage pooled investments; it decides whether to accept transfers and whether to establish investment funds (s.4, s.6).\n\nWhy it matters (stated rationale and a practical test)\n\n- The Act’s stated rationale is to vest property and preserve charitable gifts and trusts so those charitable purposes continue under MacKillop’s management (Preamble; s.1). The text implements that by changing the legal recipient/ trustee where the Act applies (s.4, s.5).\n\nCosts, incentives, trade-offs and who pays\n\n- Who pays: The Act does not create a new tax or fee in the text; the practical cost is in changed control of donated property. Beneficial control and responsibility for using the property shifts from the original Congregations/agencies or their trustees to MacKillop where a transfer or re-declaration occurs (s.4, s.5).\n- Incentives: Trustees are given an incentive to consolidate charitable property under MacKillop because the Act allows transfers (s.4). MacKillop is given an incentive to accept and manage those assets and to centralise investment management through pooled funds (s.6).\n- Trade-offs and opportunity costs: Centralising assets with MacKillop may concentrate decision-making about how trust funds are applied; individual Congregations or agencies may have less direct legal control over particular donations once they take effect in favour of MacKillop (s.5).\n\nImplementation risk, compliance burden and bureaucratic discretion\n\n- Implementation requires trustee action and MacKillop’s agreement for transfers to occur (s.4). That creates transactional steps and some administrative burden on trustees and MacKillop to document agreements and transfers.\n- The Act sets a substantive condition on transfers and re-characterised gifts: the charitable purpose applied by MacKillop must correspond with, or be similar to, the original charitable purpose (s.4, s.5). This phrase determines the allowable scope but may require interpretation when applying the law to particular gifts.\n- MacKillop’s discretion over investment policy is enabled but bounded: the Act permits pooled investment and requires income and losses to be borne rateably across the charitable purposes whose funds are pooled (s.6). That mandated rateable allocation constrains how MacKillop can allocate pooled returns or losses among purposes.\n\nEffects on private choice, market aspects and concentration\n\n- The Act centralises custody and investment of a class of charitable assets in MacKillop (s.4–s.6). That reduces the number of independent decision‑makers for those assets and may create scale in investment management; the Act does not itself specify use of external investment managers or set pricing for such services (s.6).\n- Beneficial effects are concentrated to MacKillop and the named agencies/ Congregations whose gifts are redirected; any costs from reduced local control are borne by those same parties (Preamble; Schedule; s.5).\n\nConcrete textual constraints to watch\n\n- Transfers require MacKillop’s agreement (s.4).\n- Re-characterised gifts must be for corresponding or similar charitable purposes (s.5).\n- Income and losses from pooled investments must be distributed rateably among the charitable purposes whose funds were pooled (s.6).\n\nPrimary source references: Preamble; s.1–s.6; Schedule."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the limited information available, the Act appears to remain consistent with its original purpose of formally incorporating MacKillop Family Services as a legal entity. No amendments or scope changes are evident from the version history metadata provided, though the absence of full legislative text prevents a thorough assessment."},"complexity_factors":["Extremely limited legislative content was provided — only metadata and version history, not the actual operative provisions of the Act","Incorporation Acts of this type are typically straightforward, establishing a legal entity with standard powers","No complex regulatory framework, penalty provisions, or multi-agency interactions are apparent from the available text","Single-purpose legislation focused on one organisation reduces inherent complexity"],"plain_english_summary":"## MacKillop Family Services Act 1998\n\nThis Victorian Act formally establishes **MacKillop Family Services** as a legal entity — a Catholic charitable organisation that provides welfare and support services to children, young people, and families in need.\n\n**What it does:**\n- Gives MacKillop Family Services official legal recognition under Victorian law\n- Likely defines the organisation's structure, powers, and responsibilities\n- Enables the organisation to operate, hold property, and enter contracts as a legal body\n\n**Who it affects:**\n- MacKillop Family Services and its staff\n- Children, young people, and families who receive services from the organisation\n- The Catholic dioceses involved in running the organisation\n\n**Why it matters:**\nWithout this Act, MacKillop Family Services would lack the formal legal standing needed to operate as an incorporated body (meaning it couldn't own property, sue or be sued, or enter binding agreements in its own name).\n\n> ⚠️ **Note:** The document provided contains very limited actual legislative content — primarily metadata and version history. A full analysis of specific provisions, rights, and obligations is not possible from the text supplied."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the transfer of charitable assets from three specific religious congregations to MacKillop Family Services Ltd. The scope has not expanded beyond the original asset transfer, gift validation, and investment pooling functions described in the Preamble and section 1."},"complexity_factors":["Only 6 operative sections plus a short Schedule","Minimal defined terms (5 definitions in section 3)","No cross-references to other Acts","Simple conditional logic limited to 'corresponds with or is similar to' charitable purpose tests","Straightforward vesting mechanism without nested exceptions","Single Schedule with 7 agency entries in table format","No amendments since enactment indicating stable, focused scope"],"plain_english_summary":"**What this law does:**\n\nThis Act helps transfer charitable assets (money, property, gifts) from three Catholic religious organisations to a new company called **MacKillop Family Services Ltd**.\n\n**Who it affects:**\n\n- **The three religious organisations:** Christian Brothers St Patricks Province Australia, the Melbourne Congregation of the Sisters of Mercy, and the Sisters of St Joseph of the Sacred Heart (Victorian Province)\n- **MacKillop Family Services Ltd:** A not-for-profit company set up in 1997 to take over running child, youth and family care services previously run by those religious groups\n- **People who donated or left money in wills:** Anyone who gave money or property to these religious groups for specific charitable purposes (like caring for children or supporting families)\n\n**Why it matters:**\n\nWhen organisations restructure or services get transferred to new providers, there's a legal risk that **gifts and trusts might \"fail\"** (become invalid) because they were given to the old organisation for specific purposes. This Act fixes that problem by:\n\n- **Allowing property transfers:** Trustees can transfer assets to MacKillop if both sides agree, as long as the money is still used for similar charitable purposes\n- **Saving gifts from failing:** Any gift, will, or trust made to the old religious groups automatically works as if it was made to MacKillop instead, provided the charitable purpose is similar\n- **Letting MacKillop pool investments:** It can combine money from different trusts into shared investment funds, with profits and losses shared fairly between the different charitable purposes\n\n**In short:** This is a practical housekeeping law that ensures money donated for helping vulnerable children and families doesn't get stuck in legal limbo when services move from church groups to the new MacKillop organisation."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/mackillop-family-services-act-1998","history":"/api/acts/mackillop-family-services-act-1998/history","analysis":"/api/acts/mackillop-family-services-act-1998/analysis","conflicts":"/api/acts/mackillop-family-services-act-1998/conflicts","importantCases":"/api/acts/mackillop-family-services-act-1998/important-cases","documents":"/api/acts/mackillop-family-services-act-1998/documents"}}