{"id":"nsw:act-1927-smm","name":"The Sir Moses Montefiore Jewish Home Act 1927","slug":"the-sir-moses-montefiore-jewish-home-act-1927","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"smm of 1927","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111848,"registerId":"nsw-act-1927-smm-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Interpretation","content":"#### 1 Interpretation\n\n1 Interpretation\n\n> In this Act, unless the context or subject-matter otherwise requires:\n> \n> Board of Management means the persons who for the time being constitute the Board of Management of the Body Corporate.\n> \n> Body Corporate means the Body Corporate constituted by this Act.\n> \n> Members include:\n> \n> > (a) all persons of the Jewish Faith who at the date of the passing of this Act are entitled according to the Constitution and Rules of the Society to vote at General Meetings of the Society,\n> \n> > (b) all persons of the Jewish Faith who are entitled according to the Rules for the time being in existence of the Body Corporate to vote at General Meetings of the Body Corporate or who are otherwise according to such Rules members of the Body Corporate.\n> \n> Society means all persons who at the date of the passing of this Act are members of and constitute the body known as The Sir Moses Montefiore Jewish Home with which is incorporated the Sydney Hebrew Philanthropic and Orphan Society, whose objects are more particularly defined in subsection (c) of section five of this Act.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Incorporation","content":"#### 2 Incorporation\n\n2 Incorporation\n\n> From and after the passing of this Act the members of the Society shall be and they are hereby constituted a Body Corporate by the name of “The Sir Moses Montefiore Jewish Home” and by that name shall have perpetual succession and a Common Seal and may enter into contracts and sue and be sued and proceed and be proceeded against in all courts.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Vesting real and personal estate in Body Corporate","content":"#### 3 Vesting real and personal estate in Body Corporate\n\n3 Vesting real and personal estate in Body Corporate\n\n> > (a) The land described in the Schedule hereunder written is hereby vested in the Body Corporate in fee simple subject to any Mortgages Liens and Encumbrances (if any) existing thereon at the date of the passing of this Act and subject thereto the said land shall be held by the Body Corporate freed and discharged from any and all trusts affecting the same but upon a charitable trust for the objects of the Body Corporate as specified in section five of this Act. If however it becomes impracticable to give effect to the said objects the said land or the investments for the time being representing the same shall be held upon trust for such charitable objects and subject to such powers of sale and disposition as the members of the Body Corporate shall determine by resolution in manner prescribed in section twenty-three of this Act.\n> \n> > (b) The Registrar-General is hereby directed and empowered to make every such entry cancellation and correction on the said Certificate of Title and in the Register as shall or may be necessary to register the Body Corporate as the Registered Proprietor of the said land and to issue in the name of the Body Corporate the said Certificate of Title or a new Certificate of Title to the said land free from all trusts caveats and other notifications.\n> \n> > (c) All other real and personal estate which at the date of the passing of this Act is vested in and held by any person in trust for and on behalf of the Society is hereby transferred to and vested in the Body Corporate subject to any trusts affecting the same.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Power to hold real and personal estate","content":"#### 4 Power to hold real and personal estate\n\n4 Power to hold real and personal estate\n\n> The Body Corporate may:\n> \n> > (a) take purchase acquire hold and enjoy in fee-simple or for any less estate lands with or without buildings thereon,\n> \n> > (b) take purchase acquire and receive hold and enjoy any chattels and personal property and\n> \n> > (c) upon such terms and conditions as to it may seem fit to sell grant convey demise and otherwise dispose of either absolutely or by way of mortgage or charge or otherwise howsoever any of the real and personal property belonging or which may belong to the Body Corporate Provided always that any such real property shall not neither shall any part thereof be sold or mortgaged or charged or leased at any one time for a term exceeding five years without the authority of the members first had and obtained which authority shall be evidenced by Resolution in manner prescribed in section twenty-three of this Act Provided always that the Board of Management may from time to time without such authority borrow upon the Security of any lands belonging to the Body Corporate by way of mortgage charge or encumbrance or by deposit of title deeds such sum and sums of money as the Board of Management may think necessary for any of the objects or purposes of the Body Corporate Provided further that if any such real property or any part thereof be alienated by the Body Corporate whatever is received by the Body Corporate by way of consideration or in exchange shall be applied for or towards the attainment of the objects of the Body Corporate Provided also that if such consideration or any part thereof consists of money then pending the application of same in providing and maintaining a Home for the purposes mentioned in subsection (a) of section five of this Act such money shall be invested in manner prescribed by Rules made pursuant to subsection (c) of section seventeen of this Act and the nett income derived therefrom shall be applied in and towards all or any of the objects set forth in the said section five.\n> \n> **s 4:** Am 1969 No 52, sec 2 (a).","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":"Registration of certain securities etc","content":"#### 4A Registration of certain securities etc\n\n4A Registration of certain securities etc\n\n> Where the Body Corporate has acquired by bequest, gift, purchase or otherwise any inscribed stock, money, fixed deposit, debenture or share in a corporation and registrable in its books, and registration thereof in the name of the Body Corporate has been refused, the Board of Management may cause the stock, money, deposit debenture or share, as the case may be, to be registered in the joint names of the persons for the time being holding office as President, Honorary Secretary and Honorary Treasurer of the Board of Management.\n> \n> **s 4A:** Ins 1969 No 52, sec 2 (b).","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Objects of the Body Corporate","content":"#### 5 Objects of the Body Corporate\n\n5 Objects of the Body Corporate\n\n> The objects of the Body Corporate shall be:\n> \n> > (a) to provide and maintain a home for the shelter, support and relief, permanent as well as temporary, of such aged, infirm or other persons of both sexes of the Jewish faith as are, in the opinion of the Board of Management, deserving of the assistance of the Body Corporate,\n> \n> > (b) to provide and maintain a home for the shelter, support and relief, permanent as well as temporary, of such poor, orphaned or other children of both sexes of the Jewish faith under the age of eighteen years as are, in the opinion of the Board of Management, deserving of the assistance of the Body Corporate,\n> \n> > (c) to provide, otherwise than in the home referred to in subsection (a) of this section, for the shelter, support and relief, permanent as well as temporary, of such aged, infirm or other persons of both sexes of the Jewish faith as are, in the opinion of the Board of Management, deserving of the assistance of the Body Corporate,\n> \n> > (d) to provide, otherwise than in the home referred to in subsection (b) of this section, for the shelter, support and relief, permanent as well as temporary, of such poor, orphaned or other children of both sexes of the Jewish faith under the age of eighteen years as are, in the opinion of the Board of Management, deserving of the assistance of the Body Corporate,\n> \n> > (e) to grant relief to any persons of the Jewish faith by monetary payments to any such persons either by way of gift or upon loan or by guaranteeing the repayment of any moneys borrowed from any person, society or institution by any such person or persons or by gifts or loan of goods or by gifts of clothing or in such other way as the Board of Management shall think fit,\n> \n> > (f) to provide and maintain a hospital, convalescent home and nursing home, or any of them, for such persons of both sexes of the Jewish faith as, in the opinion of the Board of Management, should be admitted to any such hospital, convalescent home or nursing home whether or not those persons are residents of one of the other homes provided and maintained by the Body Corporate,\n> \n> > (g) to undertake and execute any trusts the undertaking whereof may be calculated to advance any one or more of the objects of the Body Corporate,\n> \n> > (h) to promote good feeling and friendly intercourse and relationship amongst the residents of the homes or other institutions provided and maintained by the Body Corporate,\n> \n> > (i) to appoint from time to time either with full or restricted powers of delegation and either with or without remuneration, agents, attorneys, local directors or other persons or corporations under power of attorney or otherwise within the Commonwealth or elsewhere for the purpose of carrying out all or any of the objects of the Body Corporate and to revoke or cancel all or any of such appointments or delegations,\n> \n> > (j) to take such steps by personal or written appeals, public meetings or otherwise as may from time to time be deemed expedient for the purpose of procuring contributions to the funds of the Body Corporate in the form of donations, annual subscriptions or otherwise,\n> \n> > (k) to obtain any Act of Parliament, order of any Court or other source of power which may be deemed requisite for the purposes of the Body Corporate,\n> \n> > (l) to support with its funds or otherwise any charitable or other object which in the opinion of the Board of Management is deserving of the support of the Body Corporate,\n> \n> > (m) to do all such other lawful things as are incidental or conducive to the attainment of the above objects.\n> \n> **s 5:** Subst 1969 No 52, sec 2 (c).","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Purchaser not concerned to inquire as to necessity or propriety of sale or mortgage","content":"#### 6 Purchaser not concerned to inquire as to necessity or propriety of sale or mortgage\n\n6 Purchaser not concerned to inquire as to necessity or propriety of sale or mortgage\n\n> No purchaser, mortgagee, lessee, or other person or the Registrar-General upon any sale, exchange, mortgage, lease or other dealing purporting to be made under the powers granted by or under this Act shall be concerned to see or inquire into the necessity or propriety thereof or the mode of exercising the same nor be affected by notice that the exercise of the power is unauthorised irregular or improper nor be concerned to see to the application or disposition of any purchase mortgage or other money or moneys.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Receipts","content":"#### 7 Receipts\n\n7 Receipts\n\n> The receipt of the honorary treasurer or honorary secretary for the time being of the Body Corporate or of such other person as the Board of Management may from time to time appoint for any and all moneys payable to the Body Corporate shall be a good and valid discharge therefor exonerating the person paying such moneys from seeing to the application thereof or being concerned as to the non-application or misapplication thereof without any proof that the person signing and countersigning such receipt is such honorary treasurer or honorary secretary or other person.\n> \n> **s 7:** Am 1969 No 52, sec 2 (d).","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":null,"content":"#### 8\n\n8 (Repealed)","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Board of Management","content":"#### 9 Board of Management\n\n9 Board of Management\n\n> The Board of Management shall comprise:\n> \n> > (a) a president, a vice-president, an honorary treasurer, an honorary secretary and not more than eleven other persons of the Jewish faith (all of whom are in this Act referred to as elected members), and\n> \n> > (b) other members appointed from time to time by the elected members if they think fit so to do, not exceeding in number the number of persons that would, with the elected members, constitute a Board of Management of eighteen persons.\n> \n> **s 9:** Subst 1969 No 52, sec 2 (f).","sortOrder":10},{"sectionNumber":"9A","sectionType":"section","heading":"Powers of Board of Management","content":"#### 9A Powers of Board of Management\n\n9A Powers of Board of Management\n\n> The business of the Body Corporate shall be managed by the Board of Management which may, for that purpose but subject to any Rules not inconsistent with this Act prescribed by the members of the Body Corporate in general meeting, exercise all such powers of the Body Corporate as are not by this Act required to be exercised by those members in general meeting but no such Rule shall operate to invalidate any prior act of the Board of Management that would have been valid had the Rule not been prescribed.\n> \n> **s 9A:** Ins 1969 No 52, sec 2 (f).","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Annual meeting","content":"#### 10 Annual meeting\n\n10 Annual meeting\n\n> A general meeting of members of the Sir Moses Montefiore Jewish Home (to be called the annual general meeting) shall, in addition to any other meeting, be held at least once in every calendar year not more than fifteen months after the next preceding annual general meeting..\n> \n> **s 10:** Am 1969 No 52, sec 2 (g) (am 1984 No 153, Sch 16).","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Board of Management","content":"#### 11 Board of Management\n\n11 Board of Management\n\n> The members of the Board of Management in office at the date of the passing of this Act shall constitute the first Board of Management of the Body Corporate and shall hold office until the first General Meeting of the Body Corporate and at such General Meeting and thereafter at each annual General Meeting the Board of Management shall retire from office and the elected members of the new Board of Management shall be elected at such annual General Meeting and in the event of no such election being held the members of the Board of Management then in office shall continue to hold such office until the successors to the elected members are elected. A retiring member shall be eligible for election, appointment, re-election or re-appointment, as the case may require.\n> \n> **s 11:** Am 1969 No 52, sec 2 (h).","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Filling vacancies on Board of Management","content":"#### 12 Filling vacancies on Board of Management\n\n12 Filling vacancies on Board of Management\n\n> If a vacancy occur in the office of a member of the Board of Management between two annual General Meetings the remaining members of the Board of Management may at a duly constituted meeting of the said Board of Management elect in such manner as they shall think fit a person qualified to be a member thereof to fill the vacancy.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Evidence of Resolution","content":"#### 13 Evidence of Resolution\n\n13 Evidence of Resolution\n\n> A document purporting to be a copy of any Resolution of the Body Corporate or of the Board of Management, as the case may be, authorising any sale exchange mortgage lease or other dealing and the appointment of any person or persons to carry out and receive moneys in respect of such sale exchange mortgage lease or other dealing certified under the hand of any two of the president, vice-president, honorary treasurer and honorary secretary for the time being shall be prima facie evidence in favour of all persons purchasing advancing moneys leasing or otherwise acquiring or possessing any estate or interest in the property therein referred to and shall be conclusive evidence that such Resolutions were duly passed without the necessity of proving that the signatories to such documents were the persons authorised by this section for the purpose.\n> \n> **s 13:** Am 1969 No 52, sec 2 (i).","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":null,"content":"#### 14\n\n14 (Repealed)","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Power to separate objects","content":"#### 15 Power to separate objects\n\n15 Power to separate objects\n\n> > (a) The Body Corporate may by Resolution passed by a two-thirds majority present at a meeting of the members of the Body Corporate separate or divide the objects mentioned in section five of this Act, one division relating to those mentioned in subsections (a) and (c) of that section, another division relating to those mentioned in subsections (b) and (d) of that section, another division relating to subsection (e) of that section and another division relating to subsection (f) of that section and the Body Corporate may pursue the object or objects mentioned in one division separately and apart from that or those mentioned in any other division and, except in so far as they relate to the objects pursued, separately and apart from the objects mentioned in subsections (g), (h), (i), (j), (k), (l) and (m) of that section.\n> \n> > (b) If and whenever the said objects are separated or divided as aforesaid all moneys whether invested or not belonging to the Body Corporate or to which it is or may be in anywise entitled shall by virtue of this Act be vested in the Body Corporate for the sole purposes of the objects pursued, except in so far as the Body Corporate by resolution allocates them to other objects and except in so far as any real or personal estate shall have been or may be specifically given or bequeathed to the said Sydney Hebrew Philanthropic and Orphan Society.\n> \n> > (c) (Repealed)\n> \n> **s 15:** Am 1969 No 52, sec 2 (k).","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Power to make Regulations","content":"#### 16 Power to make Regulations\n\n16 Power to make Regulations\n\n> The Regulations and By-laws of the Society as existing at the date of the passing of this Act shall subject to the provisions of this Act be the Regulations and By-laws of the Body Corporate until the same shall be altered in accordance with the provisions of this Act.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Power to make Rules","content":"#### 17 Power to make Rules\n\n17 Power to make Rules\n\n> The Board of Management may from time to time with the approval of the Body Corporate alter or repeal all or any Rules and may make new Rules not only for the objects of the Body Corporate as a whole but also for those objects if and when the same are separated or divided into two separate and distinct objects as provided by section fifteen of this Act and in particular and without restricting the generality of this provision may make Rules:\n> \n> > (a) for regulating the times and modes of calling Meetings and for regulating the transaction of business at Meetings,\n> \n> > (b) for the exercise by the Body Corporate of all or any of its powers,\n> \n> > (c) for the application or investment of its funds,\n> \n> > (d) for the appointment by election or otherwise of officers to manage all or any of the affairs of the Body Corporate and for the retirement or removal of such officers,\n> \n> > (e) for the admission or qualification of persons as members of the Body Corporate,\n> \n> > (f) for fixing the votes of the members of the Body Corporate,\n> \n> > (g) for the appointment of staff and servants,\n> \n> > (h) generally for the support management and government of the Body Corporate and of all officers servants and other persons employed by the Body Corporate.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Power to guarantee payment of loans","content":"#### 18 Power to guarantee payment of loans\n\n18 Power to guarantee payment of loans\n\n> The President or Vice-President for the time being and the Honorary Secretary or Honorary Treasurer for the time being of the Board of Management may from time to time on behalf of the Body Corporate jointly guarantee the payment of any moneys borrowed or about to be borrowed by any persons in accordance with the provisions of subsection (e) of section five of this Act.\n> \n> **s 18:** Am 1969 No 52, sec 2 (l).","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Life Governors","content":"#### 19 Life Governors\n\n19 Life Governors\n\n> > (a) A person who, immediately before the commencement of the [Sir Moses Montefiore Jewish Home (Amendment) Act 1969](/view/pdf/asmade/act-1969-52), held office as a Life Governor, or as a Junior Life Governor, of the Body Corporate shall, after that commencement, continue in the office held by him.\n> \n> > (b) A person over the age of twenty-one years:\n> > \n> > > (i) who was, immediately before that commencement, eligible for appointment as a Life Governor of the Body Corporate,\n> > \n> > > (ii) who, after that commencement, makes a donation to the Body Corporate of five hundred dollars or more in one amount, or\n> > \n> > > (iii) who, after that commencement, confers a signal benefit on the Body Corporate, not being a gift of money,\n> > \n> > may be appointed by the Board of Management as a Life Governor of the Body Corporate.\n> \n> > (c) A Life Governor of the Body Corporate shall be entitled to vote at a general meeting of the Body Corporate and shall be eligible for election as a member of the Board of Management.\n> \n> > (d) A person under the age of twenty-one years who makes a donation to the Body Corporate of two hundred dollars or more in one amount may be appointed by the Board of Management as a Junior Life Governor of the Body Corporate.\n> \n> **s 19:** Subst 1969 No 52, sec 2 (m).","sortOrder":22},{"sectionNumber":"19A","sectionType":"section","heading":"Investment of funds and change of investments","content":"#### 19A Investment of funds and change of investments\n\n19A Investment of funds and change of investments\n\n> The Board of Management may realise any investment of the Body Corporate made before or after the commencement of the [Sir Moses Montefiore Jewish Home (Amendment) Act 1969](/view/pdf/asmade/act-1969-52), and may invest the proceeds thereof, and any other funds of the Body Corporate, in the manner authorised by the Rules.\n> \n> **s 19A:** Ins 1969 No 52, sec 2 (n).","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Reports and balance-sheets","content":"#### 20 Reports and balance-sheets\n\n20 Reports and balance-sheets\n\n> The Board of Management shall cause true accounts to be kept of all the Real and Personal property of the Body Corporate and of the receipts disbursements credits and liabilities thereof and the Board shall lay before the members of the Body Corporate present at the Annual General Meeting thereof a statement of the income and expenditure for the period of 12 months ending on 30 June next preceding the Annual General Meeting. The accounts of the Body Corporate shall be examined and the correctness of the Balance Sheet ascertained by two Auditors to be appointed by the Body Corporate at the Annual General Meeting or failing such appointment to be appointed by the Board of Management.\n> \n> **s 20:** Am 1984 No 153, Sch 14.","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Quorum","content":"#### 21 Quorum\n\n21 Quorum\n\n> No question shall be decided at any meeting of the Board of Management unless nine members at the least shall be present at the time of such decision, and no question shall be decided at any General Meeting of members of the Body Corporate unless fifteen members at the least shall be present at the time of such decision.\n> \n> **s 21:** Am 1969 No 52, sec 2 (o).","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Securing of rights","content":"#### 22 Securing of rights\n\n22 Securing of rights\n\n> Nothing in this Act contained or that may be done under this Act shall be deemed prejudicially to affect or to deprive any person of any right whatsoever which he now has arising out of contract or tort and any such right which may at the time of passing of this Act have been enforceable against the Trustees of the unincorporated Sir Moses Montefiore Jewish Home in their capacity as such Trustees may be enforced in like manner against the Body Corporate.","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Winding up","content":"#### 23 Winding up\n\n23 Winding up\n\n> If any of the objects specified in section five of this Act shall fail or if from insufficiency of funds or from any other cause it shall at any time hereafter be found that the Body Corporate cannot be properly worked and carried on according to the true intent and meaning of this Act it shall be lawful for a Special General Meeting of the Body Corporate called for the purpose of taking into consideration the propriety of winding up the affairs thereof to pass a Resolution to that effect and the manner in which the net proceeds shall be applied but such Resolution shall have no force or effect until confirmed by the votes of three-fourths of the members present at another Special General Meeting to be held not later than one calendar month after the previous meeting.","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Dissolution","content":"#### 24 Dissolution\n\n24 Dissolution\n\n> If it shall be resolved according to the preceding section of this Act to wind up the affairs of the Body Corporate then the Body Corporate shall be dissolved and the whole of the Real and Personal estate belonging thereto shall be sold by public auction tender or private contract and the proceeds thereof shall be applied in and towards the payment of all costs charges and expenses of and incidental to such sale and winding-up and in payment of all liabilities of the Body Corporate and the net proceeds shall be dealt with in such manner as shall be determined by Resolution passed in terms of the preceding section of this Act.","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":null,"content":"#### 25\n\n25\n\nThe Board of Management Trustees and other officers of the Body Corporate shall be indemnified and saved harmless out of the funds of the Body Corporate from and against all loss costs costs charges damages and expenses which may be incurred or sustained for or on account of the Body Corporate or in consequence of any act matter or thing which may be done in carrying into effect the objects and purposes of the Body Corporate or in or about any proceeding or arbitration to be brought commenced defended or entered into on account or by direction of the Board of Management or otherwise in or about the execution of their respective offices or trusts except such costs charges losses damages or expenses as shall happen by or through the wilful neglect of any member of such Board of Management or the Trustees or other officers respectively.","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":null,"content":"#### 26\n\n26\n\nThe members of the Board of Management for the time being of the Body Corporate shall be charged and chargeable only for so much money as they and each of them respectively shall actually receive and shall not be answerable or accountable for the receipt by the others or other of them nor for joining in any receipt for the sake of conformity but each only for his own acts and defaults Provided that no Trustee or Member of the Board of Management shall be responsible for any loss which may arise from a failure to insure the buildings belonging to the Body Corporate or to keep any insurance on foot.","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Name of Act","content":"#### 27 Name of Act\n\n27 Name of Act\n\n> This Act may be cited as [The Sir Moses Montefiore Jewish Home Act 1927](/view/html/inforce/current/act-1927-smm).","sortOrder":31},{"sectionNumber":"sch","sectionType":"schedule","heading":null,"content":"# sch\n\nSchedule\n\nALL that piece or parcel of land situate at the corner of Old South Head road and Victoria-road, Bellevue Hill, in the Parish of Alexandria, County of Cumberland, and State of New South Wales, being the whole of the land comprised in Certificate of Title registered Volume 3,390 Folio 174.","sortOrder":32}],"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 limited metadata available, there is no evidence of significant scope change from the Act's original 1927 intent. The amendments in 1969, 1984, and 1985 likely reflect administrative updates (such as modernising governance structures or updating property powers) rather than fundamental changes to the organisation's purpose or the Act's reach. The Home appears to have continued operating as a Jewish aged care institution throughout."},"complexity_factors":["The actual text of the Act was not provided — only website metadata and navigation elements are visible, severely limiting substantive analysis","Private Acts are generally narrow in scope, applying to a single organisation rather than the broader public","The Act has been stable since 1985 with few amendments, suggesting relatively simple and settled content","Aged care and charitable incorporation legislation of this era tends to be straightforward in structure"],"plain_english_summary":"## The Sir Moses Montefiore Jewish Home Act 1927\n\nThis is a **Private Act** (legislation that applies to a specific organisation rather than the general public) from New South Wales. It relates to the **Sir Moses Montefiore Jewish Home** — a Jewish aged care institution named after the famous 19th-century Jewish philanthropist Sir Moses Montefiore.\n\n**What does it do?**\nPrivate Acts like this one typically grant a specific organisation formal legal recognition (called **incorporation** — meaning the organisation is treated as a legal 'person' that can own property, sign contracts, and sue or be sued). It likely also sets out how the Home is governed, how its assets are managed, and what it can do with its property.\n\n**Who does it affect?**\n- The Sir Moses Montefiore Jewish Home itself and its management\n- Residents of the Home\n- Donors and benefactors to the Home\n- The broader Jewish community in NSW\n\n**Why does it matter?**\nThis Act has been in force since 1927 and remains current law in NSW. It has been amended a handful of times (in 1969, 1984, and 1985), suggesting the organisation has evolved over the decades. It provides the legal foundation for the Home to operate, hold assets, and care for its residents.\n\n**Note:** The actual content of the Act's provisions is not included in what was provided — only metadata and navigation information from the NSW legislation website is visible. The summary above reflects what this *type* of legislation typically contains."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1927 Act appears to have focused primarily on establishing the incorporated body and basic property powers. The 1969 amendments significantly expanded the scope: section 5 was substituted to add hospitals, convalescent homes, nursing homes, and broader relief powers (subsections f-m); section 4A was inserted to handle securities registration; section 9A clarified Board powers; section 19A added investment powers; and section 19 was substituted to create the Life Governor scheme. The legislation evolved from a simple incorporation statute to a comprehensive governance framework for a major charitable institution."},"complexity_factors":["Length: Moderate at 27 sections plus Schedule, but many are short and single-purpose","Defined terms: Only 4 key defined terms in section 1 (Board of Management, Body Corporate, Members, Society)","Cross-references: Frequent internal references (e.g., 'manner prescribed in section twenty-three', 'subsection (e) of section five') requiring navigation between sections","Conditional logic: Nested provisos in section 4 creating multiple layers of exceptions (sale restrictions, borrowing powers, investment requirements)","Historical amendments: Multiple amendments noted (1969, 1984) with substituted and inserted sections, creating a patchwork structure","Repealed sections: Sections 8 and 14 repealed, leaving gaps in numbering","Archaic language: Uses older legal phrasing ('fee simple', 'demise', 'howsoever', 'nett income') that requires legal knowledge to interpret precisely"],"plain_english_summary":"**What this legislation does**\n\nThis Act creates a legal entity called \"The Sir Moses Montefiore Jewish Home\" — essentially turning an existing Jewish charitable society into a formal \"Body Corporate\" (a legal person that can own property, sign contracts, and sue or be sued in court).\n\n**Who it affects**\n\n- **Jewish people in need**: The Home provides shelter and care for elderly, infirm, and orphaned Jewish children and adults\n- **Members of the Jewish faith**: Anyone who qualifies under the rules can vote at general meetings and help govern the organisation\n- **The Board of Management**: A group of elected and appointed officials (up to 18 people) who run the day-to-day operations\n\n**Key things the legislation sets up**\n\n- **Property ownership**: Transfers land in Bellevue Hill (Sydney) and other assets from the old unincorporated society to the new legal entity\n- **Powers**: The Body Corporate can buy, sell, lease, and mortgage property; borrow money; invest funds; and run homes for the aged and orphans\n- **Governance**: Establishes rules for meetings, elections, quorums (minimum numbers needed to make decisions), and financial reporting\n- **Protections**: People who buy property from or lend money to the Home are protected — they don't need to check if the Board followed internal rules properly\n- **Life Governors**: Special donors ($500+) or benefactors can become \"Life Governors\" with voting rights\n\n**Why it matters**\n\nThis is a **private Act of Parliament** — legislation crafted specifically for one organisation rather than general law. It gives this Jewish charitable institution the legal tools to own property permanently, manage donations responsibly, and continue its religious and charitable mission of caring for vulnerable members of the Jewish community. The Act has been amended several times (notably in 1969 and 1984) to modernise its operations and expand its objects to include hospitals and nursing homes."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act as presented includes amendments and inserted provisions (noted in the text) that materially adjust governance, objects and administrative powers compared with the original 1927 wording. Examples in the text include a substituted statement of objects (s 5) and inserted or amended governance and investment provisions (e.g. s 4A, s 9A, s 19, s 19A, s 21), which expand and clarify the Body Corporate's powers, procedures for Board composition and voting entitlements, investment and registration workarounds, and quorum/meeting rules. Those amendments change the operational scope of who may be admitted, how funds may be invested or held, how securities may be registered, and the governance mechanics for major decisions (see s 5, s 4A, s 9A, s 19, s 19A, s 21)."},"complexity_factors":["Multiple governance layers and specific quorum and majority thresholds (s 9, s 11, s 15, s 21, s 23)","Wide discretionary powers vested in the Board over admissions, relief, investments and borrowing (s 5, s 9A, s 4, s 19A)","Trust and property mechanics: vesting of land subject to existing encumbrances and charitable trusts with fallback re‑allocation rules (s 3, s 15)","Special legal protections for third parties and evidentiary shortcuts (s 6, s 7, s 13) that alter standard due diligence expectations","Procedural rules for separation of objects and allocation of funds between divisions (s 15) creating operational complexity","Indemnities and limited personal liability provisions for officers which affect risk allocation (s 25–26)","Practical title workaround for registrable securities when corporate registration is refused (s 4A)","Recordkeeping and audit obligations coupled with rule‑making powers (s 17, s 20) that require internal compliance systems"],"plain_english_summary":"# What this law does (mechanically)\n\n- It turns the existing Sir Moses Montefiore Jewish Home society into a legal corporation called \"The Sir Moses Montefiore Jewish Home\" with perpetual succession (s 2). That means the organisation can hold title to property, enter contracts, sue and be sued in its corporate name (s 2, s 3).\n\n- It vests a specific parcel of land described in the Schedule and other real and personal property that was held for the society in the Body Corporate (s 3). That land is held subject to any existing mortgages or encumbrances and, subject to trusts, on charitable trusts for the objects in section 5 (s 3).\n\n- It sets out the Body Corporate's charitable objects (who the Body Corporate may assist and how) and gives the Body Corporate broad powers to carry out those objects, including acquiring, holding, selling and mortgaging property, borrowing and investing (s 4, s 5, s 19A).\n\n- It creates a governance structure: membership rules (who counts as a member at commencement), a Board of Management with specified officer roles and a cap on numbers, procedures for election, filling vacancies and quorums for meetings (s 1, s 9, s 11, s 12, s 21). The Board manages the Body Corporate's business subject to Rules and members' general meetings (s 9A, s 17).\n\n- It preserves legal protections for third parties dealing with the Body Corporate: purchasers, mortgagees and registrars are not required to investigate the propriety of transactions (s 6); receipts signed by the honorary treasurer or secretary discharge payers (s 7); certified copies of resolutions signed by two officers are prima facie evidence for purchasers and others (s 13).\n\n- It requires accounts, an annual statement of income and expenditure and the appointment of two auditors (s 20). It mandates at least one general meeting each year (s 10).\n\n- It establishes procedures for separating the Body Corporate's distinct charitable objects into divisions and for allocating funds between them (s 15), and for winding up and dissolving the Body Corporate if it cannot be properly carried on (s 23–24).\n\n- It provides indemnities and limits on personal liability for Board members and officers (s 25–26), and special provisions (e.g. registration of certain securities in officers' joint names if registration in the corporate name is refused) (s 4A).\n\n\n# Who it affects and who decides\n\n- The Body Corporate itself (the corporation created by the Act) holds and manages the land and all related funds and property (s 2–4, s 3).\n\n- Members as defined at commencement (persons of the Jewish faith eligible to vote under the previous society rules) have rights to vote at general meetings and to approve certain major decisions (s 1, s 4, s 10, s 11, s 15, s 23).\n\n- The Board of Management runs day-to-day business, exercises wide discretion about admissions, relief, investments and operations and may borrow on security without prior member authority (s 9, s 9A, s 4, s 5, s 19A).\n\n- Donors, Life Governors and Junior Life Governors (as specified) contribute funds and may obtain certain membership or voting privileges where prescribed by the Act (s 19).\n\n- Third parties who buy, mortgage or otherwise deal with the Body Corporate are protected from having to investigate internal authorisations (s 6, s 13).\n\n\n# Why it matters (purpose claims and how the Act achieves them)\n\n- The Act states its purpose as providing and maintaining homes, hospitals and other relief for persons of the Jewish faith (aged, infirm, poor or orphaned), and to carry out trusts and related charitable activities (s 5). That is the stated objective; the Act implements that objective by vesting property in the new corporate vehicle and by giving the Body Corporate powers to manage assets, raise funds and run institutions (s 2–5, s 4, s 17).\n\n- Mechanisms that implement the purpose include: ownership of land and property (s 3), broad powers to acquire and dispose of property and to borrow (s 4), rule-making and delegation powers (s 17, s 9A), and the ability to guarantee loans (s 18). The Board decides who is \"deserving of assistance\" under the objects (s 5), so operational eligibility is a discretionary, Board-level determination (s 5, s 9A).\n\n\n# Trade-offs, incentives and operational effects (source‑grounded)\n\n- Concentration of decision authority: The Board has broad discretion over admissions, relief, investment and the general exercise of powers (s 9A, s 5, s 17). That concentrates operational decision-making at Board level (s 9, s 9A).\n\n- Member control over major asset choices: Members (in general meeting) retain the power to approve certain longer-term alienations or leases (sales/mortgages or leases exceeding five years require member authority — s 4) and to vote on separation of objects (two‑thirds majority — s 15) and winding-up (confirmation by three‑quarters at a subsequent special meeting — s 23). These member-level thresholds allocate control of high‑impact decisions to the membership rather than to the Board alone (s 4, s 15, s 23).\n\n- Funding and borrowing incentives: The Board may borrow on land security without prior member approval (s 4) and the President/Vice‑President together with an officer may guarantee loans on behalf of the Body Corporate (s 18). Those powers enable the Body Corporate to mobilise credit quickly but place repayment obligations on the Body Corporate's funds.\n\n- Allocation flexibility and substitution effects: If it is impracticable to pursue the named objects, the Act permits the land or investments to be held for other charitable objects determined by members (s 3). The Body Corporate may formally separate objects into divisions and apply funds to particular divisions (s 15). Those mechanisms allow funds and assets to be redirected among charitable purposes under the governance rules provided.\n\n- Protections for outside actors reduce transaction costs: Purchasers, mortgagees and registrars are not required to investigate internal authorisations, and specified officer receipts are effective discharges (s 6, s 7, s 13). That lowers due diligence and transfer friction for third parties dealing in good faith.\n\n- Administrative and compliance burdens are defined: the Board must keep true accounts and present audited accounts at the annual meeting (two auditors) and hold an annual general meeting (s 20, s 10). The Board also must respect quorum requirements for decisions (s 21). Rule-making and record-keeping are internal compliance tasks (s 17, s 20).\n\n- Liability and risk allocation: Board members and officers are indemnified from costs and losses incurred in carrying out the Body Corporate's objects except where loss arises from wilful neglect; members of the Board are only chargeable for money they actually receive (s 25–26). Those provisions shift financial risk away from individual officers toward the Body Corporate's funds.\n\n\n# Concrete implementation risks and opportunity costs (source‑grounded)\n\n- Because the Board decides who is \"deserving of assistance,\" the Board's selection criteria and exercise of discretion will directly determine beneficiaries (s 5, s 9A). That means the practical reach of the Body Corporate's stated charitable objects depends on Board practice.\n\n- Funds and property directed to one object or division are not available for others unless reallocated under the mechanisms in the Act (s 15, s 3). Decisions to separate objects or to sell property will therefore change the pool of resources available to particular activities (s 15, s 4).\n\n- The ability to register securities in the joint names of officers where corporate registration is refused (s 4A) is a practical workaround, but it places title in named individuals' names, which is a different legal posture than corporate ownership (s 4A).\n\n\n# Procedural thresholds to note (section references)\n\n- Sales/mortgages/leases exceeding five years require member authority by resolution (s 4).\n- Separation/division of objects requires a two‑thirds majority of members present (s 15).\n- Winding-up resolution must be passed and then confirmed by three‑quarters of members at a subsequent special meeting (s 23).\n- Board quorum: nine members; General Meeting quorum: fifteen members (s 21).\n\n\n# Bottom line (mechanical summary)\n\nThis Act converts the existing society into a corporate body that holds land and other assets for specified charitable objects for persons of the Jewish faith (s 2–5). It vests property in the new corporate entity (s 3), gives the Board wide operational control while reserving certain major decisions to members in general meeting under specified voting thresholds (s 4, s 9A, s 15, s 23), prescribes financial reporting and audit obligations (s 20), and provides protections and indemnities for officers and third parties dealing with the Body Corporate (s 6–7, s 13, s 25–26).\n"}},"importantCases":[],"_links":{"self":"/api/acts/the-sir-moses-montefiore-jewish-home-act-1927","history":"/api/acts/the-sir-moses-montefiore-jewish-home-act-1927/history","analysis":"/api/acts/the-sir-moses-montefiore-jewish-home-act-1927/analysis","conflicts":"/api/acts/the-sir-moses-montefiore-jewish-home-act-1927/conflicts","importantCases":"/api/acts/the-sir-moses-montefiore-jewish-home-act-1927/important-cases","documents":"/api/acts/the-sir-moses-montefiore-jewish-home-act-1927/documents"}}