{"id":"trinity-college-act-1979","name":"Trinity College Act 1979","slug":"trinity-college-act-1979","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173429,"registerId":"vic-trinity-college-act-1979-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Trinity College Act 1979","content":"i\nVersion No. 002\nTrinity College Act 1979\nNo. 9281 of 1979\nVersion incorporating amendments as at 1 July 2010\nTABLE OF PROVISIONS\nSection Page\n1 Short title and commencement 3\n2 Definitions 3\n3 Establishment of Trinity College 4\n4 College to be a body corporate 5\n5 Government of College 5\n6 Relationship of College to Melbourne University 5\n7 College successor in law of Unincorporated College 6\n8 Trinity College (Melbourne) Trusts Corporation to be dissolved 7\n9 Transfer of property of Unincorporated College to the College 8\n10 Interpretation of trust instruments 8\n11 Gifts trusts wills etc. 9\n12 Powers of investment of trust funds 10\n13 Repealed 10\n__________________\nTHE SCHEDULE—The Constitution of Trinity College 11\n═══════════════\nENDNOTES 22\n1. General Information 22\n2. Table of Amendments 23\n3. Explanatory Details 24\n\n1\nVersion No. 002\nTrinity College Act 1979\nNo. 9281 of 1979\nVersion incorporating amendments as at 1 July 2010\nAn Act to incorporate Trinity College, being a college affiliated\nto and connected with the University of Melbourne, to dissolve\nThe Trinity College (Melbourne) Trusts Corporation, to amend\nthe Janet Clarke Hall Act 1961 and for other purposes.\nPreamble\nWHEREAS Trinity College (hereinafter in these\nrecitals called \"the College\") was founded in the\nyear 1870 \"in the name of God Almighty Father\nSon and Holy Spirit to aid in the advancement of\nsound learning and religious education by\nproviding a home where students of the University\nof Melbourne may reside under Christian\ndiscipline and receive religious instruction in\naccordance with the Liturgy and the Articles of the\nChurch of England and also by supplying means\nfor the training and instruction of candidates for\nHoly Orders in the said Church\":\nAND WHEREAS by Crown grant in the year 1871\nland was granted to trustees for Trinity College and\nthe College was thereafter governed according to\nregulations made by the trustees of that grant:\nAND WHEREAS under the Trinity College Act\n1927 certain provisions were made to remove\ndoubts that had arisen relating to the admission of\nstudents to the College without distinction of\nreligious belief and to the holding of certain\nscholarships exhibitions bursaries and prizes and\nfor the vesting of the College site in The Trinity\nCollege (Melbourne) Trusts Corporation, a\ncompany limited by guarantee incorporated under\nthe Companies Act 1915:\n\nTrinity College Act 1979\nNo. 9281 of 1979\n2\nAND WHEREAS, since the enactment of the\nTrinity College Act 1927, Trinity College has\nbeen governed by rules and regulations made by\nThe Trinity College (Melbourne) Trusts\nCorporation:\nAND WHEREAS by the Trinity College Act\n1957 The Trinity College (Melbourne) Trusts\nCorporation was empowered to mortgage, charge,\nsell, transfer, convey, lease, exchange, or dispose\nof the land of the College:\nAND WHEREAS under the Janet Clarke Hall\nAct 1961 certain provisions were made with\nrespect to the separation of Janet Clarke Hall,\nbeing that part of Trinity College set aside for\nwomen students, from Trinity College and its\nestablishment as a separate women's residential\ncollege affiliated to the University of Melbourne\nand for the transfer to Janet Clarke Hall, a\ncompany incorporated pursuant to the Companies\nAct 1958, of part of the land of Trinity College and\nof certain trust funds:\nAND WHEREAS Trinity College is a college\naffiliated to the University of Melbourne:\nAND WHEREAS it will conduce to the\nadvancement of learning and to the welfare of\nTrinity College that the College be incorporated\nand that provision be made for the future\ngovernment of the College and that all real and\npersonal property held by The Trinity College\n(Melbourne) Trusts Corporation and all other\nproperty belonging to the College be vested in the\nincorporated College:\nAND WHEREAS it is expedient to incorporate\nTrinity College, to make provisions relating to the\nCollege and to make certain other provisions\nrelating to the incorporation of the College:\nPreamble\n\nTrinity College Act 1979\nNo. 9281 of 1979\n3\nAND WHEREAS The Trinity College\n(Melbourne) Trusts Corporation, the Council of\nTrinity College, the Council of Janet Clarke Hall\nand the Council of the University of Melbourne\nhave given the necessary assents:\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 and commencement\n(1) This Act may be cited as the Trinity College Act\n1979.\n(2) This Act shall be read and construed as one with\nthe Trinity College Act 1927 and the Trinity\nCollege Act 1957.\n(3) This Act shall come into operation on a day to be\nfixed by proclamation of the Governor in Council\npublished in the Government Gazette.\n2 Definitions\nIn this Act, unless the contrary intention\nappears—\nCollege means Trinity College established under\nsection 3;\nConstitution means the Constitution of the\nCollege referred to in section 5 for the time\nbeing in force;\nCouncil means the Council of the College\nappointed for the time being under the\nConstitution;\ns. 1\n\nTrinity College Act 1979\nNo. 9281 of 1979\n4\nproperty includes real and personal property of\nany description whether legal or equitable\nand includes every estate or interest in\nproperty;\nUnincorporated College means Trinity College as\nestablished and existing immediately before\nthe commencement of this Act.\n3 Establishment of Trinity College\n(1) There shall be established a college to be known\nas Trinity College consisting of the members of\nthe College.\n(2) Subject to subsection (3), the members of the\nCollege are—\n(a) persons enrolled as resident or non-resident\nstudents at the College;\n(b) persons who have at any time been enrolled\nas resident or non-resident students for not\nless than three terms, whether or not\nconsecutive, at the College or at the\nUnincorporated College;\n(c) persons who are or have been tutors of the\nCollege or of the Unincorporated College;\n(d) persons who are or have been members of\nthe Council or of the council of the\nUnincorporated College;\n(e) persons who are or have been fellows of the\nCollege or of the Unincorporated College;\nand\n(f) such other persons as the Council may from\ntime to time elect as members.\ns. 3\n\nTrinity College Act 1979\nNo. 9281 of 1979\n5\n(3) The Council may determine that a person ceases\nto be a member of the College if, after giving him\nsuch due notice and such opportunity to be heard\nas is reasonably practicable, in its discretion it\nconsiders termination of the membership of that\nperson to be in the best interests of the College.\n4 College to be a body corporate\n(1) The College shall be a body corporate and politic\nand shall have perpetual succession and a\ncommon seal and shall be capable in law of suing\nand being sued.\n(2) The College may take purchase hold demise sell\ntransfer convey mortgage or otherwise dispose of\nproperty and do and suffer all acts matters and\nthings which bodies corporate may by law do or\nsuffer.\n5 Government of College\n(1) The College shall, subject to this Act, be\nadministered and governed according to the\nConstitution contained in the Schedule.\n(2) An act or decision of the Council is not invalid by\nreason only of a vacancy or vacancies in the office\nof a member of the Council or a defect or\nirregularity in the appointment of a member of the\nCouncil.\n(3) An act or decision of an officer of the College is\nnot invalid by reason only of a defect or\nirregularity in his appointment, nomination or\nelection.\n6 Relationship of College to Melbourne University\n(1) The Melbourne University Act 1958 applies to\nand in relation to the College in the same manner\nand to the same extent as it applied to the\nUnincorporated College immediately before the\ncommencement of this Act.\ns. 4\n\nTrinity College Act 1979\nNo. 9281 of 1979\n6\n(1A) On and from the commencement of the\nUniversity of Melbourne Act 2009, that Act\napplies to and in relation to the College in the\nsame manner and to the same extent as the\nMelbourne University Act 1958 applied to the\nCollege immediately before the repeal of that Act.\n(2) The College is affiliated to and connected with the\nUniversity of Melbourne in the same manner and\nto the same extent as the Unincorporated College\nwas affiliated to and connected with the\nUniversity of Melbourne immediately before the\ncommencement of this Act.\n7 College successor in law of Unincorporated College\n(1) The College is the successor in law of the\nUnincorporated College.\n(2) Without affecting the generality of subsection\n(1)—\n(a) a person who, immediately before the\ncommencement of this Act, was an officer or\nemployé of the Unincorporated College shall\nwithout further or other authority than this\nAct, be an officer or employé of the College\nholding an office or employment\ncorresponding with that held by him in the\nUnincorporated College immediately before\nthat commencement and no act matter or\nthing relating to his office or employment\nshall be abated or prejudicially affected by\nhis transfer or the transfer of his services to\nthe College; and\n(b) a person who, immediately before the\ncommencement of this Act, was a fellow or\nstudent of the Unincorporated College shall,\nwithout further or other authority than this\nAct, be a fellow or student of the College\nwith a status corresponding with that held by\nS. 6(1A)\ninserted by\nNo. 78/2009\ns. 65.\ns. 7\n\nTrinity College Act 1979\nNo. 9281 of 1979\n7\nhim in the Unincorporated College\nimmediately before that commencement and\nno act matter or thing relating to his status as\na fellow or student shall be abated or\nprejudicially affected by his ceasing to be a\nfellow or student of the Unincorporated\nCollege by reason of this Act.\n8 Trinity College (Melbourne) Trusts Corporation to\nbe dissolved\n(1) The Trinity College (Melbourne) Trusts\nCorporation, a company limited by guarantee\nincorporated under the Companies Act 1915, is\ndissolved and the College is the successor in law\nof that Corporation.\n(2) Without affecting the generality of subsection\n(1)—\n(a) the property which, immediately before the\ncommencement of this Act, was vested in\nThe Trinity College (Melbourne) Trusts\nCorporation shall, by reason of this Act, vest\nin the College without necessity for any\nconveyance, transfer or other assurance of\nproperty; and\n(b) all contracts deeds bonds agreements debts\nliabilities securities duties and obligations\nand all powers authorities immunities rights\nand privileges of The Trinity College\n(Melbourne) Trusts Corporation or made by\nor with or vested in exerciseable by or\nimposed or binding upon or available to The\nTrinity College (Melbourne) Trusts\nCorporation immediately before the\ncommencement of this Act shall be deemed\nto be the contracts deeds bonds agreements\ndebts liabilities securities duties obligations\npowers authorities immunities rights and\nprivileges of the College and shall be\ns. 8\n\nTrinity College Act 1979\nNo. 9281 of 1979\n8\nenforceable or exerciseable by or against the\nCollege as fully and effectually as they\nwould have been by or against The Trinity\nCollege (Melbourne) Trusts Corporation if\nthis Act had not been enacted.\n9 Transfer of property of Unincorporated College to\nthe College\n(1) All property which, immediately before the\ncommencement of this Act, was vested in or\notherwise belonged to the Unincorporated College\nshall, upon that commencement, vest in or belong\nto the College without necessity for any transfer\nor other assurance of property.\n(2) All contracts debts liabilities duties and\nobligations of the Unincorporated College existing\nimmediately before the commencement of this\nAct shall be deemed to be the contracts debts\nliabilities duties and obligations of the College\nand shall be enforceable or exerciseable by or\nagainst the College as fully and effectually as they\nwould have been by or against the Unincorporated\nCollege if this Act had not been enacted.\n10 Interpretation of trust instruments\n(1) Where any property was held in trust immediately\nbefore the commencement of this Act and the\nterms of the instrument governing the trust\nrequired or authorized the trustees at any time or\nin any circumstances or upon some condition or\nconditions that will or may occur after that\ncommencement to apply any part of the capital or\nincome of the trust property to or on behalf of\nTrinity College or any of its purposes or for the\npurpose of providing stipends scholarships\nstudentships exhibitions bursaries prizes or other\nemoluments to or for the benefit of any person in\nconnexion with Trinity College, the instrument\ngoverning the trust shall be construed as requiring\ns. 9\n\nTrinity College Act 1979\nNo. 9281 of 1979\n9\nor authorizing, as the case may be, the trustees to\napply the trust property to the same extent and at\nthe same times and in the same circumstances and\nupon the same conditions for the purpose of\nmaking payments whether of capital or income or\nto be applied as capital or income to or on behalf\nof the College or any of its purposes or for the\npurpose of providing stipends scholarships\nstudentships exhibitions bursaries prizes or other\nemoluments to or for the benefit of any person in\nconnexion with the College.\n(2) A person authorized under the Constitution to give\nfull and sufficient receipts for moneys paid to the\nCollege is authorized to give full and sufficient\nreceipts to the trustee or trustees for the time being\nof an instrument governing a trust referred to in\nsubsection (1).\n11 Gifts trusts wills etc.\nOn and after the commencement of this Act—\n(a) a donation gift disposition or trust of\nproperty made or declared whether by deed\nor otherwise (other than by a will codicil or\nother testamentary disposition) before that\ncommencement; and\n(b) a bequest or other disposition or trust of\nproperty under a will codicil or other\ntestamentary disposition made before that\ncommencement (whether or not the testator\ndied before that commencement)—\nshall have effect, unless a contrary intention is\nexpressly declared, as if in the deed or other\ninstrument or declaration or in the will codicil or\nother testamentary disposition—\n(c) a reference to the Unincorporated College\nwere a reference to the College; and\ns. 11\n\nTrinity College Act 1979\nNo. 9281 of 1979\n10\n(d) a reference to an officer of the\nUnincorporated College or of the council of\nthe Unincorporated College were a reference\nto a corresponding officer of the College or\nof the Council.\n12 Powers of investment of trust funds\n(1) Any funds held by the College as trustee may be\ninvested for the time being in the investments\nauthorized by the Trustee Act 1958 or, unless the\ninvestments is expressly prohibited by the\ninstrument creating the trust, in any of the\nfollowing investments—\n(a) leasehold property;\n(b) securities of a body corporate formed or\nincorporated in a State or Territory of\nAustralia or of any foreign company within\nthe meaning of the Companies Act 1961\nthat is registered in a State or Territory of\nAustralia or of any recognized company\nwithin the meaning of that Act.\n(2) In this section securities includes—\n(a) stocks and shares; and\n(b) any debenture, debenture stock, bond, note\nor other security.\n* * * * *\n__________________\ns. 12\nS. 13\nrepealed by\nNo. 9863 s. 2.\n\nTrinity College Act 1979\nNo. 9281 of 1979\n11\nTHE SCHEDULE\nTHE CONSTITUTION OF TRINITY COLLEGE\n1. Definitions\n(1) In this Constitution, unless the contrary intention appears—\n\"Council\" means the Council of the College;\n\"section\" means section of this Constitution;\n\"the Act\" means the Trinity College Act 1979;\n\"the College\" means the College incorporated under the\nAct under the name and style of Trinity College;\n\"the Unincorporated College\" means Trinity College as\nestablished and existing immediately before the\ncommencement of the Act;\n\"Warden\" means the Warden of the College appointed in\naccordance with section 10 and includes a person\nappointed to act as Warden.\n(2) In this Constitution, a reference to the Anglican Church of\nAustralia shall, until the commencement of the Anglican\nChurch of Australia Constitution (Amendment) Act\n1977, be deemed to be a reference to the Church of England\nin Australia.\n(3) In this Constitution—\n(a) a reference to the Trinity College Associated Clubs is\na reference to the body of that name whose\nconstitution is for the time being approved by the\nCouncil; and\n(b) a reference to the Union of the Fleur-de-Lys is a\nreference to the body of that name whose constitution\nis for the time being approved by the Council.\n2. Objects of the College\nThe objects of the College are—\n(a) to provide an academic community—\n(i) in which the Christian faith, sound learning,\ncritical discussion, social responsibility and\nideals of community service are encouraged;\nand\nSch.\n\nTrinity College Act 1979\nNo. 9281 of 1979\n12\n(ii) where students from a wide range of disciplines\nare able to share in the academic, social and\nrecreational opportunities of collegiate life;\n(b) to make provision for the teaching and study of\ntheology and for the preparation of candidates for\nordained ministry in the Anglican Church of Australia\nor in a church in communion with the Anglican\nChurch of Australia;\n(c) to maintain a community of Fellows and tutors\nthrough whose example, guidance and teaching the\nobjects of the College may be advanced; and\n(d) to provide opportunity for regular corporate Christian\nworship and instruction according to the liturgy and\ndoctrine of the Anglican Church of Australia.\n3. The Council\n(1) There shall be a Council of the College consisting of—\n(a) the persons for the time being holding the offices of—\n(i) Archbishop of Melbourne;\n(ii) Warden;\n(iii) Dean of the College;\n(iv) Bursar of the College;\n(v) Chaplain of the College;\n(vi) Director of the Theological School of the\nCollege;\n(vii) President of the Senior Common Room;\n(viii) Senior Student of the College;\n(b) two bishops (other than the Archbishop of\nMelbourne) elected by the Archbishop and the\nBishops of Ballarat, Bendigo, Gippsland and\nWangaratta from their own number;\n(c) two persons, one appointed by the Bishop in Council\nof one of those two of the Dioceses of Ballarat,\nBendigo, Gippsland and Wangaratta whose bishop is\nnot elected under paragraph (b) of this sub-section and\nthe other appointed by the Bishop in Council of the\nother of those two dioceses;\n(d) one person appointed by the Archbishop in Council of\nthe Diocese of Melbourne;\nSch.\n\nTrinity College Act 1979\nNo. 9281 of 1979\n13\n(e) two senior members of the staff of the University of\nMelbourne appointed by the Council of the\nUniversity;\n(f) subject to sub-section (3) of this section, two Fellows\nof the College elected by the Fellows of the College;\n(g) two students of the College who are residents of the\nCollege appointed by the Trinity College Associated\nClubs Committee;\n(h) two persons who were resident student members of\nthe College, or were resident students in the\nUnincorporated College, appointed by the Committee\nof the Union of the Fleur-de-Lys; and\n(i) four persons co-opted by the members of the Council.\n(2) A person shall not be co-opted by the members of the\nCouncil under paragraph (i) of sub-section (1) of this section\nunless the co-optation is agreed to by a majority of the\nmembers of the Council holding office immediately before\nthe co-optation is made.\n(3) If at any time there are less than four Fellows of the College,\nthe members of the Council referred to in paragraph (f) of\nsub-section (1) of this section shall not be appointed or, if a\nmember of the Council holds office under that paragraph, he\nshall cease to hold office and, in respect of any period\nduring which there are less than four Fellows, paragraph (i)\nof sub-section (1) of this section shall be read as a reference\nto six persons of whom two shall be co-opted as members\nholding office, subject to sub-section (4) of this section,\nduring the period during which there are not more than four\nFellows of the College.\n(4) Subject to sub-section (7) of this section, the term of office\nof a member of the Council referred to in paragraph (b), (c),\n(d), (e), (f), (h) or (i) of sub-section (1) of this section is four\nyears from the date of his appointment or co-optation but,\nsubject to this section, the member is eligible for re-\nappointment or for co-optation for a further term of office.\n(5) Notwithstanding the preceding provisions of this section—\n(a) one of each of the members of the Council first\nappointed under paragraph (b), (c), (e), (f) or (h) of\nsub-section (1) of this section, shall be appointed for a\nterm of two years; and\nSch.\n\nTrinity College Act 1979\nNo. 9281 of 1979\n14\n(b) one-half of the members of the Council first co-opted\nunder paragraph (i) of sub-section (1) of this section,\nshall be co-opted for a term of two years—\nand sub-section (4) of this section shall apply in respect of\ntheir appointment as if the reference to four years in that\nsub-section were a reference to two years.\n(6) The student members of the Council referred to in\nparagraph (g) of sub-section (1) of this section shall be\nappointed by the Trinity College Associated Clubs\nCommittee in or about September each year and each\nmember so appointed holds office until the appointment of\nthe next student members in or about the following\nSeptember or until he sooner resigns or is removed from\noffice or ceases to be a resident student, whichever first\noccurs.\n(7) A member of the Council (other than a member for the time\nbeing holding an office referred to in paragraph (a) of sub-\nsection (1) of this section) ceases to hold office—\n(a) upon the expiration of his term of office;\n(b) in the case of a bishop elected under paragraph (b) of\nsub-section (1) of this section, upon ceasing to be the\nbishop of the diocese of which he was bishop when\nelected;\n(c) upon attaining the age of 70 years; or\n(d) upon resigning or being removed from office—\nwhichever first occurs.\n(8) Where under sub-section (6) or (7) of this section a member\nof the Council ceases to hold office before the expiration of\nthe term for which he was appointed, or a person appointed\nto fill a vacancy in the office held by such a member ceases\nto hold office before the expiration of the remainder of that\nterm, a person eligible for appointment to that office shall be\nappointed in accordance with this section to fill the vacancy\nfor the remainder of that term of office or until he attains the\nage of 70 years or sooner resigns or is removed from office\nor ceases to be so eligible, whichever first occurs.\n(9) A member of the Council referred to in paragraph (b), (c),\n(d), (e), (f), (g), (h) or (i) of sub-section (1) of this section,\nmay resign his office by notice in writing given to the\nSecretary of the Council.\nSch.\n\nTrinity College Act 1979\nNo. 9281 of 1979\n15\n(10) A member of the Council may not act through a delegate or\nrepresentative except insofar as the Council determines that\na member may vote by another member as proxy.\n4. President of Council and Acting Chairman\n(1) The Archbishop of Melbourne shall be President of the\nCouncil and shall preside at meetings of the Council at\nwhich he is present and wishes to preside.\n(2) If, at or during a meeting of the Council, the President is not\npresent or does not wish to preside, the members present\nshall elect one of their number to preside during the absence\nof the President or while he does not wish to preside.\n5. Secretary of Council\nThere shall be a Secretary of the Council appointed by the\nCouncil from time to time.\n6. Meetings of Council\n(1) The Council shall meet at least three times in each year.\n(2) Meetings of the Council shall be held at such times as the\nCouncil determines.\n(3) Where the Secretary of the Council receives a request from\nthe Archbishop of Melbourne or from the Warden, or a\nrequest in writing from at least five other members of the\nCouncil, the Secretary shall call a meeting of the Council to\nbe held on a day not later than 21 days after he receives the\nrequest.\n7. Delegation\nThe Council shall not delegate—\n(a) a function of the Council; or\n(b) any of its powers relating to the appointment of the\nWarden, the approval of the erection of new buildings\nor its powers under section 9 or section 25.\n8. Quorum and business of Council\n(1) A question shall not be determined at a meeting of the\nCouncil unless at least eight members of the Council are\npresent.\n(2) Minutes shall be kept of proceedings of meetings of the\nCouncil.\n(3) Subject to the Act and this Constitution, the procedure of the\nCouncil is in its discretion.\nSch.\n\nTrinity College Act 1979\nNo. 9281 of 1979\n16\n9. Committees\n(1) Subject to the Act and this Constitution, the Council may\nfrom time to time establish such committees as it thinks fit\nto exercise powers delegated by the Council.\n(2) A committee established by the Council shall consist of the\nWarden (unless the Council otherwise determines) and such\nnumber of members of the Council and such lesser number\nof other members as the Council from time to time\ndetermines.\n(3) A committee may co-opt a person as a member unless, after\nthe co-operation, the number of members of the committee\nwho are members of the Council equals or is less than the\nnumber of other members of the committee.\n(4) A committee shall not delegate any of its powers.\n(5) The Council shall determine the number of members of a\ncommittee required to be present when a question is\ndetermined at a meeting of the committee.\n(6) Subject to this section, the procedure of a committee is in its\ndiscretion.\n(7) The Council may at any time dissolve a committee\nestablished under sub-section (1).\n10. Warden\n(1) There shall be a warden of the College who shall be a\nperson appointed by the Council who—\n(a) is a graduate of the University of Melbourne or of a\nUniversity recognized by the University of\nMelbourne; and\n(b) is a communicant member of the Anglican Church of\nAustralia, unless on the recommendation of the\nCouncil, the Archbishop of Melbourne determines, in\na particular case, that the Warden need not be such a\ncommunicant member.\n(2) The Warden shall be appointed for such period and upon\nsuch terms and conditions as the Council determines.\n(3) The Warden shall be the chief executive officer of the\nCollege and shall perform such duties as the Council from\ntime to time determines in relation to—\n(a) the appointment and employment of teaching staff\n(other than lecturers and tutors in the Theological\nSchool) and other staff;\nSch.\n\nTrinity College Act 1979\nNo. 9281 of 1979\n17\n(b) the good government of the College; and\n(c) the education and teaching of students.\n(4) If for any reason the Warden is unable to perform the duties\nof his office, the Council may appoint a person eligible to be\nappointed Warden to perform the duties of the Warden\nduring the period of inability.\n11. Dean\n(1) There shall be a dean of the College appointed by the\nCouncil for such period and upon such terms and conditions\nas the Council determines.\n(2) The duties of the Dean shall be as determined from time to\ntime by the Council.\n12. Bursar\n(1) There shall be a bursar of the College appointed by the\nCouncil for such period and upon such terms and conditions\nas the Council determines.\n(2) The duties of the Bursar shall be as determined from time to\ntime by the Council.\n13. Chaplain\n(1) There shall be a chaplain of the College appointed by the\nCouncil on the recommendation of the Archbishop of\nMelbourne and the Warden for such period and upon such\nterms and conditions as the Council determines.\n(2) The duties of the Chaplain shall be as determined from time\nto time by the Council.\n14. President of the Senior Common Room\nThere shall be a President of the Senior Common Room of\nthe College appointed by the Warden, after consultation\nwith the resident tutors of the College, who shall hold office\nfor such period and shall perform such duties as the Warden\nfrom time to time determines.\n15. Senior Student\n(1) There shall be a senior student of the College who shall be a\nstudent resident in the College elected by the Trinity College\nAssociated Clubs.\n(2) The Senior Student shall hold office for the period for which\nhe is elected or until he sooner resigns or ceases to be a\nstudent resident in the College, whichever first occurs.\nSch.\n\nTrinity College Act 1979\nNo. 9281 of 1979\n18\n16. Fellows of College\n(1) The Council may, in accordance with sub-section (2) of this\nsection, elect as a Fellow of the College a person who has\nplayed a distinguished part in academic, ecclesiastical or\npublic life and who has contributed to the life or work of the\nCollege or of the Unincorporated College or who is believed\nlikely to contribute to the life or work of the College,\nwhether or not he holds or has held an office within the\nCollege.\n(2) The Council may, at a meeting of which notice in writing is\ngiven or posted by the Secretary of the Council to each\nmember of the Council at least two weeks before the date of\nthe meeting, elect a person as a Fellow by a number of votes\nthat is not less than two-thirds of the votes of the members\nof the Council voting in person or by proxy.\n(3) The Council shall not elect a person as a Fellow if the\nnumber of persons holding office as Fellows would, after\nthat election, exceed 20.\n(4) The Council may, subject to the Act and this Constitution,\nfrom time to time confer rights or impose obligations on the\nFellow of the College.\n(5) A Fellow holds office until he dies, unless he sooner resigns\nor his fellowship is terminated under sub-section (7) of this\nsection.\n(6) A Fellow may resign his fellowship by notice in writing\ngiven to the Secretary of the Council.\n(7) The Council may, at a meeting of which notice in writing is\ngiven or posted by the Secretary of the Council to each\nmember of the Council at least two weeks before the date of\nthe meeting, terminate the fellowship of a Fellow by a\nmajority of the votes of the members of the Council or\nwhere the number of votes cast at the meeting in person or\nby proxy is greater than half the number of the members of\nthe Council, by a number of votes that is not less than three-\nquarters of those votes.\n17. Theological School\nThere shall be a theological school within the College for\nthe teaching and study of theology and for the preparation of\ncandidates for ordained ministry in the Anglican Church of\nAustralia or in a church in communion with the Anglican\nChurch of Australia.\nSch.\n\nTrinity College Act 1979\nNo. 9281 of 1979\n19\n18. Bishops to oversee Theological School\nThe bishops of the Ecclesiastical Province of Victoria—\n(a) shall determine the principles upon which, and the\nmanner in which, the Theological School shall\noperate; and\n(b) may give approval for the participation of the\nTheological School in programmes of theological\neducation carried on by other bodies.\n19. Annual meeting\nIn connexion with performing their functions under\nsection 18, the bishops shall confer with the Warden and\nChaplain of the College and the Director of the Theological\nSchool in February each year or at some other time before\nthe beginning of each academic year.\n20. Director of Theological School\nThere shall be a director of the Theological School\nappointed by the bishops of the Ecclesiastical Province of\nVictoria in consultation with the Warden, for such period\nand upon such terms and conditions as the bishops\ndetermine, subject to ratification by the Council of the\nCollege.\n21. Duties of Director\nThe Director of the Theological School—\n(a) shall, subject to section 18 and to the authority of the\nWarden and the Dean, be responsible for the effective\noperation of the Theological School;\n(b) shall, subject to the authority of the Warden and the\nDean of the College, be responsible for the welfare of\nthe students in the Theological School; and\n(c) shall report on the operation of the Theological\nSchool to the bishops of the Ecclesiastical Province of\nVictoria at the annual meeting held in accordance\nwith section 19.\n22. Students\nThe Director of the Theological School—\n(a) may approve the admission to the school of any\nperson who is a member of the College; and\nSch.\n\nTrinity College Act 1979\nNo. 9281 of 1979\n20\n(b) may approve the admission to the school of a person\nas a candidate for ordained ministry in the Anglican\nChurch of Australia or in a church in communion with\nthe Anglican Church of Australia if he is—\n(i) a member of the College; and\n(ii) sponsored as an ordination candidate by a\ndiocesan bishop of the Anglican Church of\nAustralia or of a church in communion with the\nAnglican Church of Australia.\n23. Lecturers and tutors\n(1) There shall be such lecturers and tutors in the Theological\nSchool appointed by the Director of the school, with the\nconsent of the Warden, as the Director determines.\n(2) A lecturer or a tutor shall be appointed for such period and\nupon such terms and conditions as the Warden determines.\n24. Accounts of the College\n(1) The Council shall cause to be kept proper accounts and\nrecords of the transactions and affairs of the College and\nshall do all things necessary to ensure that all payments of\nmoneys are correctly made and properly authorized and that\nadequate control is maintained over the assets of the College\nand over the incurring of liabilities by the College.\n(2) The Council shall cause the accounts of the College to be\naudited once in each year by a registered company auditor.\n(3) The annual accounts of the College shall be open for\ninspection at such times and places and subject to such\nconditions as the Council thinks fit by members of the\nCollege and by such other persons as the Council from time\nto time determines.\n(4) The Bursar shall as soon as practicable after the end of each\nfinancial year present to a meeting of the Council such\naudited income and expenditure accounts, balance-sheets\nand reports as properly record the affairs of the College\nduring that financial year.\n(5) As soon as practicable after the accounts, balance-sheets and\nreports presented under sub-section (4) of this section to a\nmeeting of the Council are approved by the Council, the\nCouncil shall send a copy of the accounts, balance-sheets\nand reports to the Archbishop in Council of the Diocese of\nMelbourne.\nSch.\n\nTrinity College Act 1979\nNo. 9281 of 1979\n21\n25. Alteration of Constitution\n(1) Subject to this section, the Council may alter or repeal any\nprovision of this Constitution, other than this section, and\nmay amend this Constitution by the addition of new\nprovisions not inconsistent with this section.\n(2) An alteration or repeal of a provision of, or an amendment\nof, this Constitution under sub-section (1) of this section\nshall not be made unless a resolution for the alteration repeal\nor amendment is agreed to by at least two-thirds of the\nnumber of persons at that time holding office as members of\nthe Council.\n═══════════════\nSch.\n\nTrinity College Act 1979\nNo. 9281 of 1979\n22\nENDNOTES\n1. General Information\nThe Trinity College Act 1979 was assented to on 10 July 1979 and came\ninto operation on 1 September 1979: Government Gazette 29 August 1979\npage 2679.\nEndnotes\n\nTrinity College Act 1979\nNo. 9281 of 1979\n23\n2. Table of Amendments\nThis Version incorporates amendments made to the Trinity College Act\n1979 by Acts and subordinate instruments.\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nStatute Law Revision (Repeals) Act 1982, No. 9863/1982\nAssent Date: 5.1.83\nCommencement Date: 5.1.83: s. 1(2)\nCurrent State: All of Act in operation\nUniversity of Melbourne Act 2009, No. 78/2009\nAssent Date: 1.12.09\nCommencement Date: S. 65 on 1.7.10: Government Gazette 24.6.10 p. 1273\nCurrent State: This information relates only to the provisions\namending the Trinity College Act 1979\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nEndnotes\n\nTrinity College Act 1979\nNo. 9281 of 1979\n24\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act carries out a focused and well-defined purpose: to incorporate Trinity College, dissolve the prior trusts corporation, vest property and set out governance arrangements. Subsequent amendments reflected in this version are largely technical or cross‑referencing (for example, updating the cross-reference to the University of Melbourne Act 2009 and repeal of a now-redundant section), rather than materially broadening the Act’s original subject‑matter. The core scope—incorporation, vesting of assets, continuity of staff/students, trust interpretation and a prescribed Constitution—remains the same as the Act’s original purpose set out in the Preamble."},"complexity_factors":["Moderate length with 25 sections plus a multi-clause Schedule (the Constitution)","Multiple cross-references to other statutes (Trustee Act 1958; University of Melbourne Act 2009 / Melbourne University Act 1958)","Several defined terms (s 2 and Schedule definitions) but not excessive","Nested appointment and term rules for Council membership with exceptions and conditional composition (Schedule, s 3)","Automatic vesting and successor-in-law provisions affecting property, contracts and liabilities (ss 7–9)","Statutory interpretation rules for a range of trust instruments and testamentary dispositions (ss 10–11)","Delegation and non-delegation rules, quorum and voting thresholds in the Constitution (Schedule)","Conditional investment powers tied to the Trustee Act with stated additional categories (s 12)"],"plain_english_summary":"**What this law does (mechanically)**\n\n- Incorporates Trinity College as a statutory corporate body with perpetual succession and a common seal (so it can own property and sue or be sued) (ss 3–4).  \n- Declares the new corporate College to be the legal successor of the pre-existing unincorporated Trinity College and of The Trinity College (Melbourne) Trusts Corporation, and automatically vests in the new College all real and personal property, contracts, rights and liabilities that belonged to those prior bodies (ss 7–9).  \n- Dissolves The Trinity College (Melbourne) Trusts Corporation and treats its contracts, obligations and powers as the College’s (s 8).  \n- Prescribes a constitution (set out in the Schedule) that governs appointment and composition of the Council, office-holders (Warden, Dean, Bursar, Chaplain), the Theological School, meetings, committees and internal procedures (s 5; Schedule).  \n- Provides that existing staff, fellows and students continue in their roles/status with the new College without interruption (s 7).  \n- Provides rules for how prior trusts, gifts and testamentary dispositions to the old College are to be interpreted so they operate for the new corporate College, unless a contrary intention is expressed (ss 10–11).  \n- Permits funds held by the College as trustee to be invested under the Trustee Act 1958 and, unless the trust instrument expressly prohibits it, in specified additional investments such as leasehold property and securities (s 12).  \n- Requires annual audited accounts and makes them available to members and (on approval) to the Archbishop in Council of the Diocese of Melbourne (Schedule, s 24).  \n\n**Who is affected**\n\n- The College itself: becomes a statutory corporation with the legal capacity and obligations described above (ss 3–4, 8–9).  \n- Trustees, donors and testators: trusts and gifts that referred to the Unincorporated College generally operate for the new corporate College unless the instrument says otherwise (ss 10–11).  \n- Employees, fellows and students of the previous Unincorporated College: their employment or status continues with the new College without needing new contracts or admissions (s 7).  \n- The College’s Council and office-holders: gain the powers and responsibilities set out in the Constitution (Schedule).  \n- The Diocese and Anglican Church functionaries: play a formal role in appointments and theological oversight (Schedule, ss 2, 18–21).  \n\n**Why it matters (purpose-claims and practical effects)**\n\n- Officially, the Act is intended to secure the future governance and welfare of Trinity College by giving it corporate form and clarifying property and trust arrangements. That is achieved by vesting property and legal obligations in a single statutory entity and by setting out a constitution for governance (Preamble; ss 3, 8–11; Schedule).  \n\n- Practical implications and trade-offs:  \n  - Ownership and control: legal title to land and assets moves to the corporate College automatically (no transfer required) (s 8(2)(a), s 9). This centralises legal control of assets in the College’s Council, which may make asset management and commercial dealings (e.g. leasing, mortgage) administratively simpler (s 4(2), s 8(2)(b)). The Council thus decides on major property and governance matters (Schedule, governance provisions).  \n  - Continuity of rights and obligations: existing contracts, debts and liabilities carry across to the College; creditors and contracting parties keep the same legal remedies against the corporate College that they had against the prior entities (ss 8(2)(b), 9(2)). That preserves contractual certainty but also places responsibility for legacy liabilities on the new corporate body.  \n  - Donor/trustee effects: trustees are authorised to apply trust funds to the new corporate College and authorised College officers can give receipts to trustees (ss 10–11). For most donors this preserves the donor’s intended beneficiary, but if a trust instrument expressly required a different legal form, there is a limited restructuring risk; the Act protects donor intent unless a contrary intention appears (s 11).  \n  - Investment flexibility and risk: trust funds may be invested broadly (Trustee Act investments plus leaseholds and certain securities), unless the trust instrument forbids it (s 12). That can increase potential returns but also changes risk exposure for trust funds. Trustee Act limits still apply.  \n  - Governance concentration and appointment mechanics: the Council’s composition combines Anglican Church office-holders, university appointees and co-opted members, with specific appointment and term rules and powers to remove members and fellows (Schedule, ss 3, 16, 25). This creates a distinct governance structure where church and university interests are formally represented. Who sits on the Council therefore materially affects college policy and asset use.  \n  - Administrative and compliance costs: the College must keep proper accounts, have annual audits and open accounts to members as the Council decides (Schedule, s 24). Those are recurring costs paid from College funds (tuition, rent, donations, endowments).  \n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: operational and compliance costs fall on the College’s resources (fees, donations, investable funds, endowments). Any costs of restructuring trusts or defending legal interpretations would also fall on the College or trustees.  \n- Who decides: the Council (as constituted in the Schedule) has primary decision-making power over governance, investments (within statutory limits), appointments (subject to specified nominators like the Archbishop, bishops and university Council), building approvals and other core functions (Schedule). The Archbishop of Melbourne has specific roles (President of Council) and the bishops oversee theological education (Schedule, ss 4, 18–21).  \n- Behaviour changes: trustees and counterparties treat the College as the legal party from commencement; staff and students need not re-contract or re-enrol; the Council gains clearer statutory authority to manage assets, enter transactions, and set internal rules within the Constitution.  \n\n**Implementation risks, incentives and potential unintended consequences**\n\n- Legal interpretation risk: automatic vesting and the statutory re-construction of trusts (ss 8–11) reduce friction but may generate disputes where donors, trustees or third parties read trust instruments narrowly.  \n- Concentration of decision power: the Council’s composition and co-option powers (Schedule, s 3) concentrate discretionary authority in a defined group; the statute preserves checks (quorum, voting thresholds, s 25 for constitutional change requires two-thirds) but influence over appointments can shape outcomes.  \n- Commercialisation incentives: with statutory capacity to hold and dispose of property and broadened investment powers for trust funds (ss 4, 12), the College gains ability to pursue revenue-generating activity (leasing, investment). That can improve financial sustainability but also shifts behaviour toward asset management decisions that balance mission and commercial returns.  \n- Transition and administrative cost: vesting and institutional change are legally straightforward under the Act, but transferring records, resolving legacy obligations and updating donor communications impose administrative costs and small legal risks.  \n\n**Key statutory references (representative, not exhaustive)**\n- Incorporation and capacity: ss 3–4.  \n- Continuity of staff/students and successor status: s 7.  \n- Vesting of property and dissolution of trusts corporation: ss 8–9.  \n- Treatment of prior trusts, gifts and wills: ss 10–11.  \n- Investment powers of trust funds: s 12.  \n- Governance, offices and procedures: Schedule (the Constitution of Trinity College)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, there is no indication that the scope of this Act has changed from its original intent. It appears to remain a straightforward piece of constituting legislation for Trinity College, as it was when first enacted in 1979."},"complexity_factors":["Narrow and specific subject matter — applies only to a single institution","Standard constituting legislation with well-established legal precedents of this type","Limited version history suggests minimal amendments over time","No apparent interaction with complex regulatory frameworks","Insufficient detail in the provided text to assess any technical provisions, which keeps assessed complexity low"],"plain_english_summary":"Trinity College Act 1979 is the college’s constituting law: it gives Trinity College formal legal existence so it can own property, enter contracts, sue and be sued, and govern itself. It primarily affects students, staff, fellows, the college’s governing body and anyone with legal or financial dealings with the College, providing the rules that underpin its organisation and authority."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: incorporating Trinity College, dissolving the old trust corporation, and establishing governance structures. The 2009 amendment (section 6(1A)) merely updated the university legislation reference without expanding scope. No significant scope creep detected."},"complexity_factors":["Moderate length with 13 operative sections plus a detailed Schedule (Constitution) containing 25 sections","Multiple defined terms in section 2 and Schedule section 1 (approximately 10-15 defined terms)","Several cross-references to other Acts: Trinity College Act 1927, Trinity College Act 1957, Melbourne University Act 1958, University of Melbourne Act 2009, Companies Act 1915/1958/1961, Trustee Act 1958, Anglican Church of Australia Constitution (Amendment) Act 1977, Janet Clarke Hall Act 1961","Complex governance structure in Schedule with 19 different categories of Council members, staggered terms (2-year and 4-year), age limits (70 years), and specific appointment mechanisms involving external bodies (Archbishop, University Council, student clubs)","Conditional logic in Schedule section 3(3) regarding Fellow numbers affecting Council composition","Successor-in-law provisions (sections 7-9) with automatic transfer of property and obligations requiring careful transitional drafting","Trust interpretation rules (section 10) with conditional language about future interests and capital/income applications"],"plain_english_summary":"**What this legislation does:**\n\nThis Act creates **Trinity College** as a legal entity (a \"body corporate\") in Victoria. Before this law, the college existed but wasn't formally incorporated—it was essentially a collection of people and property managed by a separate trust company called *The Trinity College (Melbourne) Trusts Corporation*.\n\n**Key changes made:**\n\n*   **Incorporation:** Trinity College becomes its own legal \"person\" that can own property, sign contracts, sue and be sued, and continue to exist indefinitely (\"perpetual succession\").\n*   **Dissolution of the old trust company:** The Trinity College (Melbourne) Trusts Corporation is wound up, and all its property, debts, and legal obligations automatically transfer to the newly incorporated College.\n*   **Continuity:** Anyone who was a student, fellow, or employee of the old unincorporated college automatically becomes part of the new incorporated college with the same status.\n*   **Governance:** The Act includes a detailed **Constitution** (in the Schedule) that sets up a **Council** to run the college. This Council includes the Archbishop of Melbourne, bishops, university staff, students, alumni, and appointed members.\n*   **Religious character:** The college maintains its Anglican (Church of England) identity—it provides Christian education, has a chaplain, and runs a Theological School for training Anglican priests.\n*   **University connection:** The college remains affiliated with the University of Melbourne, just as it was before.\n*   **Trust updates:** The Act updates old legal documents (wills, trusts, gifts) that mentioned the old college or trust company so they now refer to the new incorporated College instead.\n\n**Who it affects:**\n\n*   Students and staff of Trinity College\n*   The Anglican Church in Victoria (particularly the Archbishop of Melbourne and regional bishops)\n*   The University of Melbourne\n*   Anyone who left money or property to the college in a will or trust\n\n**Why it matters:**\n\nThis modernised the college's legal structure, making it easier to manage property, employ staff, and operate as an educational institution while preserving its religious heritage and connection to the university. It essentially gave the college legal \"adulthood\"—the ability to act independently without needing a separate corporate trustee to hold its assets."}},"importantCases":[],"_links":{"self":"/api/acts/trinity-college-act-1979","history":"/api/acts/trinity-college-act-1979/history","analysis":"/api/acts/trinity-college-act-1979/analysis","conflicts":"/api/acts/trinity-college-act-1979/conflicts","importantCases":"/api/acts/trinity-college-act-1979/important-cases","documents":"/api/acts/trinity-college-act-1979/documents"}}