{"id":"sisters-mercy-wodonga-land-act-1987","name":"Sisters of Mercy (Wodonga Land) Act 1987","slug":"sisters-of-mercy-wodonga-land-act-1987","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178512,"registerId":"vic-sisters-mercy-wodonga-land-act-1987-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Sisters of Mercy (Wodonga Land) Act 1987","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nSisters of Mercy (Wodonga Land) Act 1987\nAct No. 80/1987\nVersion as at 24 February 2003\nTABLE OF PROVISIONS\nSection Page\n1. Purpose 2\n2. Commencement 2\n3. Definitions 3\n4. Land at Wodonga 3\n═══════════════\nENDNOTES 5\n1. General Information 5\n2. Table of Amendments 6\n3. Explanatory Details 7\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nSisters of Mercy (Wodonga Land) Act 1987\nAct No. 80/1987\nVersion as at 24 February 2003\nThe Parliament of Victoria enacts as follows:\nWHEREAS—\n(a) by an indenture of conveyance dated\n24 February 1921, a memorial of which is\nregistered in the office of the Registrar-\nGeneral number 981 book 493, the land\nmentioned in the indenture was conveyed to\nMark Corcoran Mulqueeney, John\nMulqueeney and Martin Joseph Kelly to have\nand to hold upon trust as joint tenants in fee\nsimple for the use of the religious community\nresiding at St. Joseph's Convent at Wodonga\nto be used by that religious community as a\npasturage for cultivation as a garden and\nsuch similar purposes as may be by them\nrequired;\n(b) the trustees are all deceased;\n(c) the religious community residing at\nSt. Joseph's Convent at Wodonga have at all\ntimes been members of the Religious Order\nknown as the Sisters of Mercy;\n(d) the personal representative of the last\nsurviving trustee has by deed dated\n12 September 1986 appointed Sisters of\nMercy Property Association of 230 Rosanna\nRoad, Rosanna, sole trustee of the land;\n(e) the land has not been used for the purpose of\npasturage for cultivation as a garden and\nsuch similar purposes for many years and is\n\nVictorian Legislation and Parliamentary DocumentsAct No. 80/1987\nSisters of Mercy (Wodonga Land) Act 1987\n2\nnot at present used or required for use for\nthat purpose;\n(f) part of the land was conveyed to the Board of\nLand and Works by conveyance dated\n14 July 1883;\n(g) it is expedient that the land should be freed\nand discharged from the original trust in\norder to facilitate the proper and orderly\ndevelopment and use of the land as industrial\nland in accordance with the planned\ndevelopment of industrial land in Wodonga\nand for the land and any proceeds of the sale\nof the land to be held on trust for the benefit\nof all members of the Sisters of Mercy in\nVictoria and Tasmania.\nThe Parliament of Victoria therefore enacts as follows:\n1. Purpose\nThe purpose of this Act is to enable—\n(a) certain land at Wodonga to be freed and\ndischarged from certain charitable trusts and\nto be sold; and\n(b) the proceeds of the sale to be held upon\nsimilar but more appropriate trusts, having\nregard to developments in Wodonga and\nchanges in the needs of the Sisters of Mercy,\nfor the more effective carrying on of their\ncharitable works.\n2. Commencement\nThis Act comes into operation on the day on\nwhich it receives the Royal Assent.\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 80/1987\nSisters of Mercy (Wodonga Land) Act 1987\n3\n3. Definitions\nIn this Act––\n\"Institute of Sisters of Mercy of Australia—\nMelbourne Congregation\" means the\nCongregation of the Sisters of Mercy in\nVictoria and Tasmania;\n\"Property Association\" means the Sisters of\nMercy Property Association incorporated\nunder the law of Victoria as a company\nlimited by guarantee, being a company not\nincorporated for profit;\n\"the land\" means the land mentioned in the\nindenture of conveyance dated 24 February\n1921, a memorial of which is registered in\nthe office of the Registrar-General number\n981 book 493, excepting that part of that\nland conveyed to the Board of Land and\nWorks by conveyance dated 14 July 1883\nregistered in the office of the Registrar-\nGeneral number 507 book 310.\n4. Land at Wodonga\n(1) Notwithstanding anything in any conveyance,\nassurance or trust—\n(a) the land is vested in the Property Association\nin fee simple free of any encumbrance to\nhave and to hold upon trust for the charitable\npurposes of the Institute of Sisters of Mercy\nof Australia—Melbourne Congregation; and\n(b) the Property Association may mortgage, sell,\nlease (whether on building lease or\notherwise) or exchange the land or any part\nof the land, and may create easements over,\nor reserve roads on, the land or any part of it.\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 80/1987\nSisters of Mercy (Wodonga Land) Act 1987\n4\n(2) The Property Association shall hold the proceeds\narising from any mortgage, sale, lease or exchange\nor any other dealing with the land upon trust for\nthe charitable purposes of the Institute of Sisters\nof Mercy or Australia—Melbourne Congregation.\n(3) As soon as practicable after the commencement of\nthis Act, the Registrar of Titles shall issue to the\nProperty Association, in exchange for the\nmuniments of title to the land, certificates of title\n(free of encumbrances) to such parts of Crown\nAllotments 2–7 inclusive in the Parish of\nWodonga as were not conveyed to the Board of\nLand and Works by conveyance dated 14 July\n1883 registered in the office of the Registrar-\nGeneral number 507 book 310.\n═══════════════\ns. 4\n\nVictorian Legislation and Parliamentary DocumentsAct No. 80/1987\nSisters of Mercy (Wodonga Land) Act 1987\n5\nENDNOTES\n1. General Information\nMinister's second reading speech—\nLegislative Council: 16 September 1987\nLegislative Assembly: 7 October 1987\nThe long title for the Bill for this Act was \"A Bill to make provision with\nrespect to the trusts upon which certain land at Wodonga is held for the\nbenefit of the religious community residing at St. Joseph's Convent at\nWodonga and with respect to the sale or other disposition of that land and\nfor other purposes.\".\nThe Sisters of Mercy (Wodonga Land) Act 1987 was assented to on\n24 November 1987 and came into operation on 24 November 1987:\nsection 2.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 80/1987\nSisters of Mercy (Wodonga Land) Act 1987\n6\n2. Table of Amendments\nThere are no amendments made to the Sisters of Mercy (Wodonga Land)\nAct 1987 by Acts and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 80/1987\nSisters of Mercy (Wodonga Land) Act 1987\n7\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: resolving the specific trust arrangement for this particular parcel of Wodonga land. The scope has not expanded beyond the single property transaction described in the 1987 Act."},"complexity_factors":["Only 4 operative sections (Purpose, Commencement, Definitions, Land at Wodonga)","3 defined terms only: 'Institute of Sisters of Mercy of Australia—Melbourne Congregation', 'Property Association', and 'the land'","No cross-references to other legislation (except implicit references to property law concepts like 'fee simple' and 'Registrar of Titles')","Single straightforward mechanism: vesting land in new trustee free of old trusts, with proceeds held on new charitable trusts","No conditional logic, exceptions, or nested provisions","Historical context provided in preamble ('WHEREAS' clauses) but these don't create legal complexity"],"plain_english_summary":"This is a short Victorian law from 1987 that solves a specific property problem for a Catholic religious order.\n\n**What it does:**\n- **The backstory:** In 1921, three men (trustees) were given land at Wodonga to hold in trust for the Sisters of Mercy religious order. The original purpose was for the nuns to use it as a garden and pasture. All three trustees have since died.\n- **The problem:** The land hasn't been used as a garden for years, and Wodonga has grown into an industrial area. The old trust rules were blocking proper development of the land.\n- **The fix:** This Act removes the old restrictions (\"frees and discharges\" the land from the original trust) and gives the Sisters of Mercy Property Association full legal ownership. They can now sell, lease, or develop the land as industrial property.\n- **The safeguard:** Any money made from selling or leasing the land must still be held in trust for the Sisters of Mercy's charitable work across Victoria and Tasmania.\n\n**Who it affects:**\n- The Sisters of Mercy religious order (specifically their Melbourne Congregation covering Victoria and Tasmania)\n- The Sisters of Mercy Property Association (their property management body)\n- Anyone buying or leasing the land for industrial development\n\n**Why it matters:**\nWithout this law, the land would be stuck in legal limbo—owned by dead trustees under outdated rules that prevented modern use. The Act lets the Sisters convert an underused asset into funds for their charitable work while allowing Wodonga's industrial development to proceed."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no evidence the scope changed from its original intent. The Act appears to remain a narrow, single-purpose land title instrument as originally enacted in 1987, with the consolidated version reflecting its original form."},"complexity_factors":["Extremely narrow and specific scope — affects only one organisation and one land parcel","Insufficient legislative text was provided to assess internal complexity","Single-purpose Acts of this type are typically brief and straightforward","No apparent cross-references to complex regulatory frameworks based on available text"],"plain_english_summary":"The Act deals with ownership of a specific parcel of land in Wodonga, confirming or effecting a transfer involving the Sisters of Mercy (a Catholic religious organisation). It resolves title or regularises a historical grant for that property.\n\nThis matters mainly to the Sisters of Mercy, anyone with competing claims or neighbouring interests in that Wodonga parcel, or researchers tracing its title history; it is otherwise of limited public relevance."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act implements its stated purpose (freeing the specified Wodonga land from original trusts and enabling sale with proceeds held on trust for the Institute) and contains no amendments (see s.1 purpose; Table of Amendments: none). Its operative scope remains the same as originally enacted."},"complexity_factors":["Narrow, transaction-focused scope: single parcel and specific historical conveyance referenced (definition of 'the land' and preamble).","Trust-to-capacity change: statutory discharge of prior charitable trusts and re‑vesting in a corporate trustee (s.4(1)(a)), requiring understanding of trust vesting effects.","Broad powers to the Property Association to encumber or alienate land—mortgage, sell, lease, exchange, easements, roads—creating practical conveyancing and planning consequences (s.4(1)(b)).","Mandatory trust for proceeds imposes an ongoing fiduciary obligation on the Property Association to apply funds to charitable purposes (s.4(2)).","Statutory conveyancing step: Registrar of Titles must issue unencumbered certificates in exchange for existing muniments—an administrative implementation requirement (s.4(3)).","Legal clarity but limited procedural detail and oversight: Act grants discretion to the Property Association without prescribing review, consultation or use restrictions beyond the charitable purpose (s.4)."],"plain_english_summary":"This Act removes old charitable restrictions on a specific parcel of land in Wodonga and vests it in the Sisters of Mercy Property Association so the Association can mortgage, sell, lease or otherwise deal with the land (s.4(1)). Proceeds from any dealing must be held on trust for the Institute of Sisters of Mercy—Melbourne Congregation’s charitable purposes (s.4(2)), and the Registrar of Titles must issue clear certificates of title (s.4(3)). The Association decides how to dispose of the land; proceeds fund the Institute’s work."}},"importantCases":[],"_links":{"self":"/api/acts/sisters-of-mercy-wodonga-land-act-1987","history":"/api/acts/sisters-of-mercy-wodonga-land-act-1987/history","analysis":"/api/acts/sisters-of-mercy-wodonga-land-act-1987/analysis","conflicts":"/api/acts/sisters-of-mercy-wodonga-land-act-1987/conflicts","importantCases":"/api/acts/sisters-of-mercy-wodonga-land-act-1987/important-cases","documents":"/api/acts/sisters-of-mercy-wodonga-land-act-1987/documents"}}