{"id":"old-colonists-association-act-1955","name":"Old Colonists' Association Act 1955","slug":"old-colonists-association-act-1955","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175141,"registerId":"vic-old-colonists-association-act-1955-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Old Colonists' Association Act 1955","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nOld Colonists' Association Act 1955\nAct No. 5901/1955\nVersion incorporating amendments as at 6 July 1999\nTABLE OF PROVISIONS\nSection Page\n1. Short title construction and citation 2\n2. Definition 3\n3. Validation of rules, objects of the Association 3\n4. Rules of the Association 4\n5. Incorporation of Association, transfer of property and\ninvestment of funds 4\n═══════════════\nENDNOTES 7\n1. General Information 7\n2. Table of Amendments 8\n3. Explanatory Details 9\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nOld Colonists' Association Act 1955\nAct No. 5901/1955\nVersion incorporating amendments as at 6 July 1999\nAn Act relating to The Old Colonists' Association of Victoria.\nPreamble\nWHEREAS the Association known as the \"The\nOld Colonists' Association of Victoria\" is existing\nin Victoria as recited in the preamble to the Act\npassed in the forty-sixth year of the reign of Her\nlate Majesty Queen Victoria intituled \"An Act to\nestablish and regulate a Permanent Fund in\nconnection with the Old Colonists' Association of\nVictoria\":\nAND WHEREAS doubts have arisen as to the\nvalidity of rules made by the said Association and\nof acts matters and things done thereunder:\nAND WHEREAS in the preamble to the said Act\nthe objects of the said Association are recited to\nbe:\n(1) To assist necessitous Old Colonists by loan\nor otherwise:\n(2) To promulgate facts relative to the early\nhistory of the colony:\n(3) To promote the advancement of native-born\nVictorians:\n(4) To encourage a friendly recognition of the\nmembers:\nAND WHEREAS by the rules of the said\nAssociation the objects of the Association are\nstated to be:\n\nVictorian Legislation and Parliamentary DocumentsAct No. 5901/1955\nOld Colonists' Association Act 1955\n2\n(a) To provide homes for Old Colonists who\nhave been resident in Victoria for 20 years,\non the area known as \"The Homes\", Rushall-\ncrescent, North Fitzroy, and on such other\nareas as the Council may deem suitable from\ntime to time:\n(b) To maintain the said homes and the grounds\nsurrounding:\n(c) To provide the Residents of \"The Homes\"\nwith medical and emergency nursing\nattention:\n(d) To assist Old Colonists by monetary grants\nor gifts in kind:\nAND WHEREAS it is expedient to remove doubts\nas to the extent of the objects of the said\nAssociation:\nAND WHEREAS it is also expedient to\nincorporate the said Association and vest in it the\nproperty of the said Association and the property\nheld by the trustee of the said Association and to\nmake other provision as hereinafter enacted:\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 construction and citation\nThis Act may be cited as the Old Colonists'\nAssociation Act 1955 and shall be read and\nconstrued as one with the Act passed in the forty-\nsixth year of the reign of Her late Majesty Queen\nVictoria intituled \"An Act to establish and\nregulate a Permanent Fund in connection with the\nOld Colonists' Association of Victoria\"\n(hereinafter called the Principal Act) and The Old\nColonists' Association Act 1907 and the Old\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 5901/1955\nOld Colonists' Association Act 1955\n3\nColonists' Association Act 1947 which Acts and\nthis Act may be cited together as the Old\nColonists' Association Acts.\n2. Definition\nFor the purposes of the Old Colonists' Association\nActs unless inconsistent with the context or\nsubject-matter \"Association\" means The Old\nColonists' Association of Victoria.\n3. Validation of rules, objects of the Association\n(1) The rules of the Association as from time to time\npurporting to have been in force are hereby\nvalidated and all acts matters and things done\nthereunder are hereby declared to have been\nvalidly done.\n(2) It is hereby declared that the objects of the\nAssociation include the objects as recited in the\npreamble to this Act, that is to say both the objects\nrecited in the preamble to the Principal Act and\nthe objects set out in the rules of the Association\nas recited in the preamble to this Act, and for the\npurposes of such objects \"Old Colonists\" shall\ninclude any person of advanced years.\n(3) In section two of the Principal Act for the words\n\"objects of such Association as set forth in the\npreamble to this Act\" there shall be substituted the\nwords \"objects of the Association\".\n(4) In sub-section (1) of section two of the Old\nColonists' Association Act 1947 for the words\n\"objects of the Association as set forth in the\npreamble to the Principal Act\" there shall be\nsubstituted the words \"objects of the Association\".\ns. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 5901/1955\nOld Colonists' Association Act 1955\n4\n4. Rules of the Association\n(1) Subject to this section the Association may make\nrules for the management and administration of\nthe Association and to assist the furtherance of the\nobjects aforesaid of the Association, and any such\nrule may alter or repeal or add to any rule of the\nAssociation in force immediately before the\ncommencement of this Act and hereby validated\nand any rule of the Association made thereafter.\n(2) Every such rule shall be made by at least a two-\nthirds majority of members of the Association\npresent at a duly convened meeting in person or\nby proxy and entitled to vote thereat.\n5. Incorporation of Association, transfer of property\nand investment of funds\n(1) The Association is hereby incorporated as a body\ncorporate under the name of \"The Old Colonists'\nAssociation of Victoria\" and as such shall have\nperpetual succession and a common seal and be\ncapable in law of suing and being sued and subject\nto and for the purposes of its objects aforesaid of\npurchasing taking holding selling taking or lease\nexchanging or disposing of land or any real or\npersonal property and of mortgaging real property\nand of doing and suffering all such other acts and\nthings as bodies corporate may by law do and\nsuffer.\n(2) All real and personal property held by the\nAssociation or by the trustees of the Association\nimmediately before the commencement of this\nAct shall by virtue of this Act be vested in the\nAssociation subject to any trusts and conditions to\nwhich it was subject immediately before the\ncommencement of this Act.\n(3) The trustees of the Association shall go out of\noffice.\ns. 4\nS. 5(1)\namended by\nNo. 9452\ns. 2(1).\n\nVictorian Legislation and Parliamentary DocumentsAct No. 5901/1955\nOld Colonists' Association Act 1955\n5\n(4) The Principal Act is hereby amended as follows—\n(a) in section one—\n(i) the words \"shall vest in the trustees for\nthe time being of the Association, and\"\nshall be repealed;\n(ii) the words \"by the trustees for the time\nbeing\" shall be repealed;\n(iii) for the words \"as the trustees\"\n(wherever occurring) there shall be\nsubstituted the words \"as the\nAssociation\";\n(b) section three shall be repealed;\n(c) in section four the words \"trustees or other\"\n(wherever occurring) shall be repealed.\n(5) The permanent fund kept pursuant to section one\nof the Principal Act and any other moneys which\nby virtue of this Act vest in the Association and\nany other moneys which hereafter become vested\nin the Association may be invested in or retained\nin securities and investments which trustees are\nfrom time to time authorized by law to invest in or\nto retain as investments and the Association shall\nhave power to vary and transpose any such\ninvestments from time to time, and members of\nthe Council of the Association provided they have\nacted reasonably shall not be chargeable with\nbreach of trust by reason only that in exercise of\nany such power to vary and transpose investments\nany fund of the Association may have sustained or\nhave been subjected to a loss of capital.\nBut nothing in this sub-section shall in any way\nlimit or affect any power to invest or to postpone\nthe realization or sale of any property or\ninvestments conferred by any instrument creating\nany trust.\ns. 5\n\nVictorian Legislation and Parliamentary DocumentsAct No. 5901/1955\nOld Colonists' Association Act 1955\n6\n(6) Notwithstanding anything in the Old Colonists'\nAssociation Act 1907 or in any trust or Crown\ngrant or other document, for the purposes of its\nobjects, the Association may borrow and\nre-borrow moneys on the security of first\nmortgage of real property vested in the\nAssociation.\n(7) Moneys borrowed or re-borrowed under sub-\nsection (6) do not form part of the permanent fund\nestablished by Act No. 730.\n(8) Notwithstanding anything in Act No. 730 or in the\nOld Colonists' Association Act 1947, any sum\nthat pursuant to the provisions of Act No. 730 or\nsection 2(1) of the Old Colonists' Association\nAct 1947 may be applied in carrying out the\nobjects of the Association and any other sum that\nis received by the Association and does not form\npart of the permanent fund established by Act\nNo. 730 may be applied in repayment of the\nprincipal moneys owing or in the payment of any\ninterest or other moneys owing in respect of any\nloan under sub-section (6).\n═══════════════\nS. 5(6)\ninserted by\nNo. 9452\ns. 2(2).\ns. 5\nS. 5(7)\ninserted by\nNo. 9452\ns. 2(2).\nS. 5(8)\ninserted by\nNo. 9452\ns. 2(2).\n\nVictorian Legislation and Parliamentary DocumentsAct No. 5901/1955\nOld Colonists' Association Act 1955\n7\nENDNOTES\n1. General Information\nThe Old Colonists' Association Act 1955 was assented to on 29 November\n1955 and came into operation on 29 November 1955.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 5901/1955\nOld Colonists' Association Act 1955\n8\n2. Table of Amendments\nThis Version incorporates amendments made to the Old Colonists'\nAssociation Act 1955 by Acts and subordinate instruments.\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nOld Colonists' Association (Borrowing Powers) Act 1980, No. 9452/1980\nAssent Date: 9.12.80\nCommencement Date: 9.12.80: s. 1(3)\nCurrent State: All of Act in operation\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 5901/1955\nOld Colonists' Association Act 1955\n9\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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the limited information available, the Act appears to remain focused on its original narrow purpose of providing legal recognition and governance for the Old Colonists' Association. No significant scope changes are evident from the version history provided."},"complexity_factors":["Very narrow, single-organisation scope limits complexity","Insufficient legislative text provided to assess detailed provisions","Historical legislation from 1955 may use outdated legal drafting conventions","Potential interaction with modern aged care and incorporated associations laws adds minor complexity"],"plain_english_summary":"The Old Colonists' Association Act 1955 is a Victorian law that gives legal recognition and a governance framework to the Old Colonists' Association, enabling it to own property, enter contracts and protect its charitable purposes. It affects the Association’s residents and members, its management committee, and any government oversight or support. Still in force, the Act underpins the Association’s operations though some provisions may be overtaken by modern aged‑care and charities law."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The legislation has expanded beyond its original narrow purpose of validating rules. While the preamble frames the Act as removing 'doubts as to the validity of rules,' the substantive provisions add significant new powers: incorporation as a body corporate, property transfer mechanisms, investment powers with trustee-style protections, and borrowing powers (added by 1980 amendment). The 1980 amendment particularly expanded scope by adding sections 5(6)-(8), allowing mortgage-secured borrowing and use of restricted funds for loan repayment—powers not contemplated in the original 1955 enactment."},"complexity_factors":["Short statute (only 5 substantive sections plus preamble)","Single defined term ('Association') in interpretation section","Heavy reliance on historical context (references to 1882 Principal Act, 1907 and 1947 Acts) requiring cross-reading","Validation provisions (section 3) that cure past defects rather than create new substantive law","Some conditional language in investment and borrowing powers (sections 5(5)-5(8)) with nested provisos","Consequential amendments to three earlier Acts embedded within the provisions"],"plain_english_summary":"This is a Victorian law from 1955 that tidies up the legal status of a charity called **The Old Colonists' Association of Victoria**.\n\n**What it does:**\n- **Fixes a legal mess:** The Association had been operating since the 1880s, but there were doubts about whether its rules and past decisions were legally valid. This Act says \"yes, they were valid\" and clears up any uncertainty.\n- **Expands who they can help:** Originally, the Association was set up to help \"Old Colonists\" (early settlers). This Act confirms they can also help **any person of advanced years** (elderly people generally), not just original colonists.\n- **Turns them into a legal entity:** The Association becomes a **body corporate** (a legal person in its own right, like a company). This means it can own property, sign contracts, sue and be sued in its own name—rather than relying on trustees to hold assets on its behalf.\n- **Transfers property:** All land and assets previously held by trustees for the Association are transferred directly to the Association itself. The old trustees are removed from office.\n- **Lets them make their own rules:** The Association can make and change its own internal rules (like a constitution), provided two-thirds of voting members agree.\n- **Gives borrowing powers:** The Association can borrow money using its property as security (mortgage), and use certain funds to repay those loans.\n\n**Who it affects:**\n- The Old Colonists' Association of Victoria itself (now a properly incorporated charity)\n- Elderly Victorians who need housing or financial assistance (the people the charity helps)\n- Anyone dealing with the Association (donors, contractors, residents) who now have certainty about its legal powers\n\n**Why it matters:**\nWithout this Act, the Association's ability to own property, make decisions, and help elderly Victorians was legally shaky. This law secures their operations, modernises their structure, and ensures they can continue providing homes and care for elderly people in Victoria."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The Act extends and clarifies the Association's legal scope by (a) validating past rules and acts (s.3(1)), (b) declaring that the Association's objects include both the preamble objects and the rules' objects and broadening 'Old Colonists' to include any person of advanced years (s.3(2)), (c) incorporating the Association and vesting all property in it (s.5(1)–(2)), and (d) removing trustees while shifting powers to the corporate Association and Council, including express borrowing (s.5(3), s.5(6)–(8)) and investment powers subject to trustee‑style standards (s.5(5)). These changes alter who holds legal title, who decides, and the financial powers available to the Association."},"complexity_factors":["Cross‑references to earlier Acts (the Principal Act, Old Colonists' Acts) create interpretive dependencies across instruments.","Retroactive validation of purported rules and past acts (s.3(1)) increases legal certainty but requires checking historical rule-sets.","Vesting of all real and personal property in the newly incorporated body (s.5(1)–(3)) alters title and trust relationships.","Removal of trustees and substitution of the corporate Association as holder of property (s.5(3)–(4)) raises trust‑law and administration transition issues.","Expanded object definition to include 'any person of advanced years' (s.3(2)) is broad and fact‑sensitive.","Delegated internal governance rule-making with a specified voting threshold (two‑thirds) creates procedural compliance requirements (s.4(1)–(2)).","Investment powers are tied to trustee investment standards and include a statutory safe‑harbour for council members who act reasonably (s.5(5)).","New statutory borrowing power on first mortgage and the separation of borrowed moneys from the permanent fund create accounting and security priorities (s.5(6)–(8)).","Amendment history (notably the 1980 borrowing‑powers amendment) means current operation depends on reading the principal text plus amendments."],"plain_english_summary":"Mechanically: this Act incorporates The Old Colonists' Association of Victoria, vests its real and personal property in the corporate Association, validates its existing rules, expands the Association's objects to include any person of advanced years, and authorises investment and borrowing (including first mortgages) and a two‑thirds rule‑making process. It affects the Association's members, residents, trustees, creditors and fund managers by changing who owns assets, who decides governance and how funds may be used or borrowed. The stated purpose is to remove doubts about validity and to enable the Association to carry out its objects."}},"importantCases":[],"_links":{"self":"/api/acts/old-colonists-association-act-1955","history":"/api/acts/old-colonists-association-act-1955/history","analysis":"/api/acts/old-colonists-association-act-1955/analysis","conflicts":"/api/acts/old-colonists-association-act-1955/conflicts","importantCases":"/api/acts/old-colonists-association-act-1955/important-cases","documents":"/api/acts/old-colonists-association-act-1955/documents"}}