{"id":"northcote-trust-fund-act-1975","name":"Northcote Trust Fund Act 1975","slug":"northcote-trust-fund-act-1975","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177768,"registerId":"vic-northcote-trust-fund-act-1975-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Northcote Trust Fund Act 1975","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nNorthcote Trust Fund Act 1975\nAct No. 8678/1975\nVersion incorporating amendments as at 9 August 2000\nTABLE OF PROVISIONS\nSection Page\n1. Short title 4\n2. Road to be closed 4\n3. Certain lands to become Crown lands 5\n4. Power to Australian trustees to dispose of certain lands 5\n5. Australian trustees 6\n6. English trustees 7\n7. Obligations of Registrar of Titles 7\n__________________\nSCHEDULES 8\nSCHEDULE 1—Land 8\nSCHEDULE 2—Land 9\nSCHEDULE 3—Land 10\n═══════════════\nENDNOTES 11\n1. General Information 11\n2. Table of Amendments 12\n3. Explanatory Details 13\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nNorthcote Trust Fund Act 1975\nAct No. 8678/1975\nVersion incorporating amendments as at 9 August 2000\nAn Act with respect to the Powers of the Australian Trustees of\nthe Northcote Children's Emigration Fund in relation to certain\nLands at Bacchus Marsh, and for other purposes.\nPreamble\nWHEREAS the Right Honourable Alice Stephen\nBaroness Northcote hereinafter called the\n\"testatrix\" died on the first day of June One\nthousand nine hundred and thirty-four having by\nher will dated the thirteenth day of May One\nthousand nine hundred and thirty-two inter alia\nprovided for the balance of her residuary estate to\nconstitute a fund under the name of the \"Northcote\nChildren's Emigration Fund for Australia\"\n(hereinafter called the \"Fund\") for the purpose of\nenabling and assisting poor children of either sex\nand in particular (but not exclusively) orphans to\nemigrate from any part of Great Britain to any part\nof the Commonwealth of Australia and there to\nestablish and equip themselves in life:\nAND WHEREAS pursuant to a deed of trust made\nthe twenty-seventh day of September One\nthousand nine hundred and thirty-nine the\nHonorable Sir William Charles Angliss vested\ncertain land at Bacchus Marsh in the State of\nVictoria in the Fairbridge Farm Schools\n(Incorporated) a company not for profit and limited\nby guarantee incorporated under the English\nCompanies Acts upon trust to administer sell\nmortgage lease or otherwise dispose of or deal with\nthe same in such manner as the English trustees\nappointed pursuant to the Schedule to the Will of\nthe said testatrix shall from time to time direct\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8678/1975\nNorthcote Trust Fund Act 1975\n2\nexcept insofar as the English trustees shall from\ntime to time delegate the power to give such\ndirection to the Australian trustees appointed\npursuant to the said Schedule and in the event of\nsuch delegations as the Australian trustees shall\ndirect:\nAND WHEREAS the said trust constituted by Sir\nWilliam Charles Angliss was declared to be\ngoverned by and enforceable under the law of the\nState of Victoria:\nAND WHEREAS with the aid of moneys\nadvanced by the Government of Great Britain and\nby the Government of the Commonwealth of\nAustralia there has been established on the said\nland a farm and a village for the accommodation of\nemigrant children (hereinafter called the\n\"Northcote School\"):\nAND WHEREAS the testatrix by her will\nappointed certain persons to be English trustees\nand certain persons to be Australian trustees for the\npurposes of the Fund and made certain provisions\nwith respect to the appointment of new English and\nAustralian trustees from time to time:\nAND WHEREAS by the Northcote School Act\n1960 certain persons were declared to be the\nAustralian trustees:\nAND WHEREAS the Australian trustees were by\nthe said Act authorized to enter into and carry out\narrangements for the education and upbringing of\nchildren whether from Great Britain or elsewhere\nat the Northcote School with any government\nperson or organization in Australia:\nAND WHEREAS the Australian trustees pursuant\nto the powers conferred by the said Act entered\ninto arrangements with the Victorian Government:\nAND WHEREAS the English trustees have\ndetermined to cease making payments to the\nAustralian trustees for the purposes of the\nNorthcote School:\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8678/1975\nNorthcote Trust Fund Act 1975\n3\nAND WHEREAS the Australian trustees being no\nlonger able to contribute to the management of the\nNorthcote School desire to surrender to the Crown\npart of the lands upon which the Northcote School\nis established so that the facilities can continue to\nbe used for the benefit of children:\nAND WHEREAS the Victorian Government\ndesires to continue the Northcote School for the\nbenefit of children:\nAND WHEREAS the Australian trustees desire to\ndispose of the remainder of the land at Bacchus\nMarsh vested in the Fairbridge Farm Schools\n(Incorporated) and to hold the proceeds of such\nsale on certain trusts for the benefit of young\npeople:\nAND WHEREAS the English trustees and the\ndirectors of the Fairbridge Farm Schools\n(Incorporated) concur in the proposals of the\nAustralian trustees:\nAND WHEREAS the land delineated and marked\n\"X\" on the plan in Schedule One and the land\ndelineated and marked \"V\" on the plan in Schedule\nTwo are parts of the lands that were proclaimed to\nbe roads pursuant to the powers conferred by\nsection 73 of the Land Act 1884 by Order in\nCouncil published in the Government Gazette\ndated the 13th May 1887 at page 1271:\nAND WHEREAS in or about the year One\nthousand nine hundred and four the Shires of\nBallan and Bacchus Marsh proposed that the land\ndelineated and marked \"W\" on the plan in the\nSecond Schedule be dedicated as a road in\nsubstitution for the lands \"X\" and \"V\" on the plans\nin Schedule One and Schedule Two respectively:\nAND WHEREAS the said lands delineated and\nmarked \"V\" and \"X\" respectively are currently\ncomprised in Certificate of Title Volume 6358\nFolio 549 and Certificate of Title Volume 8899\nFolio 039 respectively:\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8678/1975\nNorthcote Trust Fund Act 1975\n4\nAND WHEREAS it is expedient to revoke the\nOrder in Council relating to the said lands marked\n\"X\" and \"V\" and to declare the land delineated and\nmarked \"W\" on the plan in Schedule Two to be a\nroad:\nAND WHEREAS it is expedient to make provision\nto give effect to these proposals:\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 Northcote Trust\nFund Act 1975.\n2. Road to be closed\n(1) The Order in Council published in the\nGovernment Gazette on the 13th May 1887 at\npage 1271 is hereby revoked insofar as it relates to\nthe land delineated and marked \"X\" in Schedule\nOne and the land delineated and marked \"V\" in\nSchedule Two. The said lands shall cease to form\nparts of a road and all rights easements and\nprivileges existing for the public or claimed by\nany person in or in any connexion with the lands\nas parts of a public road shall cease and\ndetermine.\n(2) The land delineated and marked \"W\" on the plan\nin Schedule Two shall be dedicated to the public\nas a road.\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8678/1975\nNorthcote Trust Fund Act 1975\n5\n3. Certain lands to become Crown lands\n(1) The land delineated and marked \"Y\" on the plan\nin Schedule Three and containing 25⋅04 hectares\nor thereabouts shall be and be deemed to be\nunalienated land of the Crown freed and\ndischarged from all trusts encumbrances\nlimitations and restrictions and from every estate\nand interest therein.\n(2) The Crown shall be entitled to the benefit of an\neasement of drainage and sewerage on over and\nunder the land delineated and marked \"Z\" on the\nplan in Schedule Three and such easement shall\nbe deemed at all times to be appurtenant to the\nland delineated and marked \"Y\" on the plan in\nSchedule Three.\n4. Power to Australian trustees to dispose of certain\nlands\n(1) The lands described in folios of the Register\nVolume 6358 Folio 549 and Crown Grant\nVolume 6382 Folio 281 other than the land\nreferred to in sub-section (1) of section 3 shall by\nthe operation of this Act become and be vested in\nthe Australian trustees subject only to the\neasement created by this Act and the easement in\nfavour of State Electricity Commission of Victoria\nrecorded on the folio of the Register Volume 6358\nFolio 549 and the Australian trustees are hereby\nauthorized and empowered to sell the same\nsubject only to the said easements and to execute\nall such transfers and other instruments as are\nnecessary to transfer such lands to the purchaser.\n(2) The Australian trustees shall hold the proceeds of\nthe sale of the land referred to in sub-section (1)\non trust for such purposes as in the opinion of the\ntrustees will assist young people to further their\neducation whether within or outside Australia.\ns. 3\nS. 4(1)\namended by\nNo. 18/1989\ns. 13(Sch. 2\nitem 62(a)\n(i)(ii)).\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8678/1975\nNorthcote Trust Fund Act 1975\n6\n(3) The Australian trustees may, if they think fit, enter\ninto arrangements for combined schemes or\nprojects with the English trustees or any other\ntrustees or persons having funds available for\nsimilar purposes to those referred to in sub-section\n(2) as will in the opinion of the trustees assist\nyoung people to further their education whether\nwithin or outside Australia.\n5. Australian trustees\n(1) The provisions made by the Will of the testatrix\nwith respect to the appointment retirement and\ndischarge of Australian trustees shall no longer\napply in or in relation to the appointment\nretirement or discharge of Australian trustees as\ntrustees for the property or the proceeds of the sale\nof the property referred to in this Act.\n(2) The provisions of Part III of the Trustee Act 1958\nshall apply with respect to the appointment\nretirement and discharge of the Australian trustees\nin and in relation to the appointment retirement or\ndischarge of Australian trustees as trustees for the\nproperty or the proceeds of the sale of the property\nreferred to in this Act with the following\nmodifications—\n(a) there shall be not less than four nor more\nthan seven Australian trustees;\n(b) the power of appointing new trustees shall be\nvested in the surviving or continuing\nAustralian trustees or the personal\nrepresentative of the last surviving or\ncontinuing Australian trustee.\ns. 5\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8678/1975\nNorthcote Trust Fund Act 1975\n7\n6. English trustees\nAs on from and after the commencement of this\nAct the English trustees shall be freed and\ndischarged from all trust duties and obligations\nwith respect to the property dealt with by this Act\nor authorized to be dealt with by the Australian\ntrustees under this Act.\n7. Obligations of Registrar of Titles\nThe Registrar of Titles must, upon application by\nthe Australian Trustees and upon submission of\nthe relevant certificates of title and without fee,\nmake any recordings in the Register kept under\nthe Transfer of Land Act 1958 that are necessary\nor expedient because of this Act.\n__________________\ns. 6\nS. 7\nsubstituted by\nNo. 18/1989\ns. 13(Sch. 2\nitem 62(b)).\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8678/1975\nNorthcote Trust Fund Act 1975\n8\nSCHEDULES\nSCHEDULE ONE\nLAND\n_______________\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8678/1975\nNorthcote Trust Fund Act 1975\n9\nSCHEDULE TWO\nLAND\n_______________\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8678/1975\nNorthcote Trust Fund Act 1975\n10\nSCHEDULE THREE\nLAND\n═══════════════\nSch. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8678/1975\nNorthcote Trust Fund Act 1975\n11\nENDNOTES\n1. General Information\nThe Northcote Trust Fund Act 1975 was assented to on 22 April 1975 and\ncame into operation on 22 April 1975.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8678/1975\nNorthcote Trust Fund Act 1975\n12\n2. Table of Amendments\nThis Version incorporates amendments made to the Northcote Trust Fund\nAct 1975 by Acts and subordinate instruments.\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nTransfer of Land (Computer Register) Act 1989, No. 18/1989\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. 8678/1975\nNorthcote Trust Fund Act 1975\n13\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","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"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to remain in its original form as enacted in 1975, with no visible amendments or expansions of scope. It remains in force and appears to operate as originally intended — as a narrow, purpose-specific trust fund management law."},"complexity_factors":["Very limited information provided in the legislation text — full provisions are not visible, making complete analysis impossible","Trust fund legislation can involve some technical legal concepts around fiduciary duties and fund administration","Narrow, single-purpose scope keeps complexity low","Appears to be a relatively short, contained Act with limited cross-references to other legislation","Victorian state legislation with no apparent federal interaction"],"plain_english_summary":"The Northcote Trust Fund Act 1975 creates and governs a named trust fund in Victoria, setting the legal framework for holding, managing and distributing its money. It mainly affects the trustees/administrators, any eligible recipients of the fund’s payments, and supervising government officials. Its practical effect is limited: it matters where the fund’s grants or commemorative purposes are relevant, but has little impact on the general public."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act departs from the original testamentary regime by removing the Will's appointment and duty rules for the lands dealt with (so trustees' governance and property-use rules change), vesting part of the land in the Crown and enabling sale of the remainder with proceeds to be held for educational purposes. Key changes include closure/rededication of roads (s.2), Crown vesting and easement appurtenancy (s.3), vesting to Australian trustees and sale powers with trust directions for proceeds (s.4), altered trustee appointment rules (s.5), discharge of English trustees (s.6) and no-fee title recordings (s.7)."},"complexity_factors":["Property vesting mechanics: statutory revocation of prior Order in Council and reallocation of specific parcels between Crown and trustees (land plans in Schedules).","Trust-law modification: disapplies parts of the testatrix's will and applies the Trustee Act 1958 with bespoke appointment rules (min/max trustees and vesting of appointment power).","Power to sell and hold proceeds on trust for educational purposes, with discretion to enter joint schemes with other bodies.","Creation and recognition of easements (drainage/sewerage and existing State Electricity easement) appurtenant to vested land.","Registrar of Titles obligation to make no-fee recordings under the Transfer of Land Act, affecting administrative processes.","Reliance on schedules/maps to identify land — requires accurate title and survey matching during implementation."],"plain_english_summary":"This Act reallocates parts of the Bacchus Marsh land held for the Northcote Children's Emigration Fund: it closes and re‑dedicates certain roads, vests a parcel in the Crown, and vests the remainder in the Australian trustees who may sell it and hold proceeds on trust for education.\n\nThe English trustees are discharged and the Registrar of Titles must record transfers without fee; purchasers pay market price, trustees decide sales and distributions, and compliance costs are mainly title updates."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the transition of the Northcote Trust's land assets at Bacchus Marsh from a child migration farm school to a saleable asset with proceeds used for youth education. The 1989 amendment was purely technical (updating references to land registration procedures) and did not expand the substantive scope."},"complexity_factors":["Short statute with only 7 operative sections plus schedules","Heavy reliance on historical context in preamble (14 'WHEREAS' clauses setting out 40+ years of history)","Three schedules containing maps/diagrams (not reproduced in text) that are essential to understanding which land is affected","Cross-references to external legislation: Trustee Act 1958, Transfer of Land Act 1958, Land Act 1884, and the earlier Northcote School Act 1960","Some conditional logic in section 4(3) allowing arrangements with other trusts, but generally straightforward operative provisions","Only 2 amendments since 1975 (minor technical updates to land registration procedures in 1989)"],"plain_english_summary":"**What this law does:**\n\nThis Act deals with a specific parcel of land at Bacchus Marsh, Victoria, that was originally set up to help poor British children emigrate to Australia and learn farming skills (the \"Northcote School\"). By 1975, the British-based trustees had stopped funding the school, so this law allows the Australian trustees to:\n\n* **Close two old roads** (marked \"X\" and \"V\" on the maps) and open a new one (marked \"W\") to improve the land layout\n* **Hand over 25 hectares** of land to the Victorian Government (marked \"Y\") so the children's facilities could keep running\n* **Sell the remaining land** and use the money to help young people with their education, either in Australia or overseas\n* **Change how trustees are appointed** — instead of following the original 1930s will, they now follow standard Victorian trustee rules (with 4-7 trustees appointed by the surviving trustees)\n* **Release the English trustees** from any further responsibility for this property\n\n**Who it affects:**\n\n* The Australian trustees of the Northcote Fund (now managing sale proceeds rather than running a farm school)\n* The Victorian Government (which took over the school facilities)\n* Anyone buying the surplus land at Bacchus Marsh\n* The Registrar of Titles (who must update land records for free)\n\n**Why it matters:**\n\nThis law allowed a struggling charitable farm school to transition into a modern educational trust. Rather than letting the assets sit idle when British funding dried up, the legislation enabled the trustees to sell the surplus land and redirect the money toward broader educational purposes — effectively repurposing a 1930s child migration scheme into a general education fund for young people."}},"importantCases":[],"_links":{"self":"/api/acts/northcote-trust-fund-act-1975","history":"/api/acts/northcote-trust-fund-act-1975/history","analysis":"/api/acts/northcote-trust-fund-act-1975/analysis","conflicts":"/api/acts/northcote-trust-fund-act-1975/conflicts","importantCases":"/api/acts/northcote-trust-fund-act-1975/important-cases","documents":"/api/acts/northcote-trust-fund-act-1975/documents"}}