{"id":"royal-melbourne-hospital-act-1938","name":"Royal Melbourne Hospital Act 1938","slug":"royal-melbourne-hospital-act-1938","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176458,"registerId":"vic-royal-melbourne-hospital-act-1938-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Royal Melbourne Hospital Act 1938","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nRoyal Melbourne Hospital Act 1938\nAct No. 4536/1938\nVersion incorporating amendments as at 21 February 2001\nTABLE OF PROVISIONS\nSection Page\n1. Short title, construction and citation 2\n2. Power to Royal Melbourne Hospital corporation to raise\n£500 000 by issue of debentures 2\n3. Power to Treasurer of Victoria to guarantee repayment of loan\nand payment of interest thereon 3\n4. Application of proceeds of sale of land of present site of\nhospital and buildings improvements and equipment thereon 3\n5. Power to trustees to invest in debentures 4\n═══════════════\nENDNOTES 6\n1. General Information 6\n2. Table of Amendments 7\n3. Explanatory Details 8\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nRoyal Melbourne Hospital Act 1938\nAct No. 4536/1938\nVersion incorporating amendments as at 21 February 2001\nAn Act to enable The Royal Melbourne Hospital to borrow\ncertain Moneys by the Issue of Debentures and to empower the\nTreasurer of Victoria on behalf of the Government of Victoria to\nguarantee the Repayment of such Moneys and Interest thereon\nand for other purposes.\nPreamble\nWHEREAS The Royal Melbourne Hospital\n(hereinafter referred to as \"the corporation\") was\nby the Royal Melbourne Hospital Act 1935\nauthorized to sell certain land in the city of\nMelbourne and the buildings improvements and\nequipment thereon and to apply the proceeds of\nsuch sale for or towards the cost and expenses of or\nincident to providing a general hospital on certain\nother land in the said city and of erecting any\nbuildings and of equipping the same and of making\nimprovements on the said other land:\nAND WHEREAS it is expedient to authorize the\ncorporation to raise by loan such sums of money\n(not exceeding Five hundred thousand pounds in\nall) for the purpose of facilitating the provision of\nthe general hospital aforesaid and to empower the\nTreasurer of Victoria on behalf of the State of\nVictoria to guarantee the repayment of such\nmoneys and the payment of interest thereon and\nalso to make other provisions as hereinafter\nenacted:\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4536/1938\nRoyal Melbourne Hospital Act 1938\n2\nBE IT THEREFORE ENACTED by the King'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 Royal Melbourne\nHospital Act 1938 and shall be read and\nconstrued as one with the Royal Melbourne\nHospital Act 1935 (hereinafter called the\nPrincipal Act) which Act and this Act may be\ncited together as the Royal Melbourne Hospital\nActs.\n2. Power to Royal Melbourne Hospital corporation to\nraise £500 000 by issue of debentures\n(1) For the purpose of providing a general hospital on\nthe land described in the Fourth Schedule to the\nPrincipal Act and of erecting any buildings and of\nequipping the same and of making improvements\non the said land the corporation subject to the\napproval of the Governor in Council may from\ntime to time by the issue of debentures under its\nseal borrow at interest sums of money not\nexceeding Five hundred thousand pounds in all.\n(2) The repayment of any principal sums so borrowed\nand the payment of interest thereon shall be\nsecured on the revenues of the corporation.\n(3) The Governor in Council may make regulations\nprescribing the form of such debentures and the\nterm for which such debentures may be issued.\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4536/1938\nRoyal Melbourne Hospital Act 1938\n3\n3. Power to Treasurer of Victoria to guarantee\nrepayment of loan and payment of interest thereon\n(1) The Treasurer of Victoria on behalf of the State of\nVictoria may guarantee in such manner and form\nand upon such conditions as he thinks fit—\n(a) the repayment of any sum so borrowed; and\n(b) the payment of interest on any sum so\nborrowed.\n(2) Any sums required by the Treasurer of Victoria\nfor fulfilling any guarantee given under this\nsection shall be paid out of the consolidated\nrevenue (which is hereby to the necessary extent\nappropriated accordingly) and any sums received\nor recovered by the said Treasurer from the\ncorporation or otherwise in respect of any sum so\npaid by the said Treasurer shall be paid into the\nconsolidated revenue.\n(3) The Treasurer of Victoria shall lay before both\nHouses of Parliament a statement of any guarantee\ngiven under this section and an account of any\nsums paid out of the consolidated revenue for the\npurposes of any such guarantee as soon as may be\nafter the guarantee is given or the sums are paid.\n4. Application of proceeds of sale of land of present\nsite of hospital and buildings improvements and\nequipment thereon\n(1) Notwithstanding anything in section seven of the\nPrincipal Act the proceeds of the sale by the\ncorporation of the land buildings improvements\nand equipment authorized to be made by\nsection four of the Principal Act shall be\napplied—\n(a) first, in recouping the Treasurer of Victoria\nfor any amounts theretofore paid by him\npursuant to any guarantee give under the last\npreceding section; and\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4536/1938\nRoyal Melbourne Hospital Act 1938\n4\n(b) secondly, in repayment of moneys borrowed\nby the corporation under this Act—\nand any balance then remaining shall be paid into\nThe Building Plant and Equipment Account of the\ncorporation and be applied as provided in sub-\nsection (2) of section seven of the Principal Act.\n(2) (a) If by reason of the terms of repayment of any\nmoneys borrowed by the corporation as\naforesaid it is not practicable to apply as\naforesaid the proceeds of such sale\nimmediately, such proceeds or such portion\nthereof as cannot be so applied shall be\ntemporarily paid to the credit of a trust\naccount approved by the Treasurer of\nVictoria.\n(b) The moneys standing to the credit of such\naccount may be temporarily invested in such\nmanner as the said Treasurer approved.\n(c) The income arising from any such\ninvestment shall be carried to the credit of\nsuch account and shall be applied in the\nsame way as the proceeds of such sale are\nrequired to be applied.\n5. Power to trustees to invest in debentures\n* * * * *\n(2) Any debentures issued by the corporation under\nan authority conferred by this Act shall be a\nlawful investment for any moneys which any\ncompany or body corporate incorporated by any\nAct of the Parliament of Victoria is authorized or\ndirected to invest in addition to any other\ninvestments expressly authorized for the\ninvestment of such moneys.\ns. 5\nS. 5(1)\nrepealed by\nNo. 9204\ns. 3(Sch.).\nS. 5(2)\namended by\nNo. 9204\ns. 3(Sch.).\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4536/1938\nRoyal Melbourne Hospital Act 1938\n5\n(3) Without affecting the generality of the last\npreceding sub-section, notwithstanding anything\nin any Act such debentures and stock shall be a\nlawful investment for any moneys which The\nCommissioners of the State Savings Bank of\nVictoria are authorized or directed to invest\npursuant to the State Savings Bank Acts as if they\nwere municipal debentures.\n═══════════════\ns. 5\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4536/1938\nRoyal Melbourne Hospital Act 1938\n6\nENDNOTES\n1. General Information\nThe Royal Melbourne Hospital Act 1938 was assented to on 1 August 1938\nand came into operation on 1 August 1938.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4536/1938\nRoyal Melbourne Hospital Act 1938\n7\n2. Table of Amendments\nThis Version incorporates amendments made to the Royal Melbourne\nHospital Act 1938 by Acts and subordinate instruments.\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nTrustee (Authorized Investments) Act 1978, No. 9204/1978\nAssent Date: 5.12.78\nCommencement Date: 5.12.78\nCurrent State: All of Act in operation\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4536/1938\nRoyal Melbourne Hospital Act 1938\n8\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the 1930s relocation and rebuilding of the Royal Melbourne Hospital through debenture financing. The only amendment (1978) removed an obsolete investment provision and updated references, without expanding the Act's scope."},"complexity_factors":["Only 5 operative sections, with one section (s.5(1)) repealed entirely","Minimal defined terms — essentially just 'the corporation' referring to the hospital","Straightforward sequential logic: borrowing power → guarantee → application of sale proceeds → investment rules","Single amendment in 1978 removing subsection (1) of section 5 and minor wording change to subsection (2)","No nested exceptions or conditional chains beyond basic 'first/secondly' ordering in section 4","Reads as one with earlier 1935 Act but operates independently for its specific purpose"],"plain_english_summary":"This 1938 Victorian law helped fund the move of the Royal Melbourne Hospital to its new location in Parkville.\n\n**What it does:**\n- **Lets the hospital borrow money**: The Royal Melbourne Hospital could raise up to £500,000 (about $50 million in today's money) by issuing debentures — essentially IOUs that promise to repay investors with interest.\n- **State government guarantee**: The Victorian Treasurer could guarantee these loans, meaning if the hospital couldn't pay, taxpayers would cover the debt. Any payouts came from consolidated revenue (the government's main bank account).\n- **Sale of old site**: Money from selling the hospital's original city site had to first repay any taxpayer guarantees, then pay off the debentures. Any leftover cash went into a building fund.\n- **Investment rules**: The debentures were made a \"lawful investment\" — meaning certain organisations, including the State Savings Bank, were allowed to buy them as a safe place to park money.\n\n**Who it affects:**\n- The Royal Melbourne Hospital corporation\n- Victorian taxpayers (through the guarantee)\n- Investors and trustees looking for approved places to invest funds\n\n**Why it matters:**\nThis was essentially a financing deal to build one of Australia's major public hospitals. It shows how governments in the 1930s used special legislation to fund major infrastructure — combining private borrowing with public guarantees to get the job done."},"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":"Insufficient content was provided to determine whether the scope of the Act changed from its original intent. The document only contains version history metadata rather than substantive legislative provisions."},"complexity_factors":["Insufficient legislative content provided — only metadata and version history visible, preventing meaningful analysis of operative provisions","The Act's age (1938) may mean archaic drafting language if the original text were reviewed","Likely amended multiple times over 85+ years, creating potential layering of obligations","Intersection with broader Victorian health legislation may add complexity not visible here"],"plain_english_summary":"The Royal Melbourne Hospital Act 1938 legally establishes the Royal Melbourne Hospital, setting out its governance, powers and responsibilities so it can operate as a recognised public hospital. \n\nIt affects patients, hospital staff and management, Victorian taxpayers who fund public health services, and the wider state health system. The Act matters because it gives the hospital authority to own property, employ staff and deliver services as an institutional provider."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act's core borrowing and guarantee powers (ss.2–3) remain as enacted, but investment-related provisions were amended: endnotes record the Trustee (Authorized Investments) Act 1978 repealed s.5(1) and amended s.5(2) (see Endnotes, Table of Amendments). This narrows/updates the original investment text while leaving the loan/guarantee framework intact."},"complexity_factors":["Financial mechanism: capped borrowing by debentures secured on the corporation's revenues (s.2)","Executive discretion: Governor in Council approval for borrowing and regulations on debenture form/term (s.2(1),(3))","Treasurer discretion in framing guarantees (“as he thinks fit”) and reporting/appropriation mechanics (s.3(1)–(3))","Priority and flow of funds: sale proceeds first recoup guarantees, then repay borrowings, then to building account; temporary trust account and authorised investments (s.4(1)–(2))","Investment rules for trustees and State Savings Bank creating demand for debentures (s.5(2)–(3))","Cross-references to the Royal Melbourne Hospital Act 1935 (the Principal Act) for scope of project and application of balances (s.1; s.4)"],"plain_english_summary":"This Act authorises The Royal Melbourne Hospital to borrow up to £500,000 by issuing debentures secured on the hospital's own revenues, subject to Governor in Council approval, and allows the Treasurer of Victoria to guarantee repayment and interest, with any guaranteed payments coming from consolidated revenue (ss.2–3). Proceeds from sale of the hospital's former site must first reimburse any guarantee payments and repay the loan, with leftover funds going into the hospital's building account; trustees and the State Savings Bank may invest in the debentures (ss.4–5)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/royal-melbourne-hospital-act-1938","history":"/api/acts/royal-melbourne-hospital-act-1938/history","analysis":"/api/acts/royal-melbourne-hospital-act-1938/analysis","conflicts":"/api/acts/royal-melbourne-hospital-act-1938/conflicts","importantCases":"/api/acts/royal-melbourne-hospital-act-1938/important-cases","documents":"/api/acts/royal-melbourne-hospital-act-1938/documents"}}