{"id":"war-veterans-homes-trust-act-1959","name":"War Veterans' Homes Trust Act 1959","slug":"war-veterans-homes-trust-act-1959","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173335,"registerId":"vic-war-veterans-homes-trust-act-1959-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"War Veterans' Homes Trust Act 1959","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nWar Veterans' Homes Trust Act 1959\nAct No. 6538/1959\nVersion as at 3 March 2003\nTABLE OF PROVISIONS\nSection Page\n1. Short title 3\n2. Validation of deed of trust set out in Second Schedule 3\n__________________\nSCHEDULES 4\nSCHEDULE 1 4\nSCHEDULE 2 14\n═══════════════\nENDNOTES 26\n1. General Information 26\n2. Table of Amendments 27\n3. Explanatory Details 28\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nWar Veterans' Homes Trust Act 1959\nAct No. 6538/1959\nVersion as at 3 March 2003\nAn Act to validate a certain Deed of Trust and the Trusts\nexpressed therein for the Benefit of War Veterans\nPreamble\nWHEREAS by a deed of trust dated the twelfth day\nof August One thousand nine hundred and thirty-\nseven (a copy of which is set out in the First\nSchedule to this Act) certain persons named therein\ndeclared that they as trustees of the said deed or the\ntrustees or trustee for the time being thereof would\nhold upon the trusts expressed in the said deed under\nthe name of \"The War Veterans' Homes Trust of\nVictoria\" a trust fund consisting of certain money\nraised by members of the Victorian Branch of an\nunincorporated body, then known as \"The Returned\nSailors' and Soldiers' Imperial League of Australia\"\nbut now known as \"The Returned Sailors' Soldiers'\nand Airmen's Imperial League of Australia\"\n(hereinafter referred to as \"the League\"), and paid to\nthe said persons immediately before the execution of\nthe said deed or any other money lands property or\nassets that might thereafter come into the hands\npossession or control of the trustees of the deed for\nthe purposes of the trusts thereof together with all\nresulting interest or income therefrom:\nAND WHEREAS the whole of the said trust fund\nhas been invested by the trustees thereof pursuant to\nthe said deed in the purchase or acquisition of certain\nfreehold properties:\nAND WHEREAS the trustees of the Victorian\nBranch of the League hold as such trustees certain\nother freehold properties upon trusts analogous to\nthe trusts expressed in the said deed:\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n2\nAND WHEREAS the present trustees of the said\ndeed and the trustees of the said Branch of the\nLeague being desirous of vesting all of the said\nfreehold properties in a single body of trustees\nconsisting of the persons who are the present trustees\nof the said deed, certain persons who are trustees of\nthe said Branch of the League and certain other\npersons to be held upon trusts analogous to those\nexpressed in the said deed and to those upon which\nthe trustees of the said Branch of the League have\nhitherto held the freehold properties vested in them,\nhave, with the approval of the said Branch of the\nLeague, executed a deed of trust dated the twenty-\nfourth day of November One thousand nine hundred\nand fifty-eight (a copy of which is set out in the\nSecond Schedule to this Act) whereby the trustees\nthereof (subject to the approval of the deed by Act of\nthe Parliament of Victoria) declare themselves to be\ntrustees under the name of \"The R.S.L. War\nVeterans' Homes Trust of Victoria\" of a trust fund\nconsisting of all of the freehold properties\nhereinbefore referred to which are described in the\nfirst and second parts of the schedule to the deed and\nall other real and personal property from time to time\nheld by them for the purposes of the trusts declared\nin the deed and the investments for the time being\nrepresenting the same and the income arising from\nsuch investments:\nAND WHEREAS it is expedient to approve and\nvalidate the said deed of trust dated the twenty-\nfourth day of November One thousand nine hundred\nand fifty-eight:\nBE IT THEREFORE ENACTED by the Queen's\nMost Excellent Majesty by and with the advice and\nconsent of the Legislative Council and the Legislative\nAssembly of Victoria in this present Parliament\nassembled and by the authority of the same as follows\n(that is to say):\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n3\n1. Short title\nThis Act may be cited as the War Veterans'\nHomes Trust Act 1959.\n2. Validation of deed of trust set out in Second\nSchedule\nThe hereinbefore recited deed of trust dated the\ntwenty-fourth day of November One thousand\nnine hundred and fifty-eight and the trusts\nexpressed therein shall notwithstanding anything\nin any Act or law or in any instrument or trust and\nnotwithstanding that the said trusts may differ in\ncertain respects from the hereinbefore recited\ntrusts upon which the freehold properties\ndescribed in the schedule to the said deed were\npreviously held or that the trustees named therein\nare not the same trustees as the trustees who held\nthe said freehold properties prior to the date of the\nsaid deed be and be deemed to be valid and shall\ntake effect accordingly.\n__________________\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n4\nSCHEDULES\nFIRST SCHEDULE\nTO ALL TO WHOM THESE PRESENTS SHALL COME we GEORGE\nWILLIAM FREDERICK HOLLAND of 387 Upper Heidelberg-road\nIvanhoe Public Servant CLAUDIUS SANDERSON of 20 Queen's-road\nOakleigh Public Servant NORMAN STANLEY OSBORNE of 201 Gower-\nstreet Preston Clerk MAJOR-GENERAL SIR CYRIL BRUDENELL\nBINGHAM WHITE, K.C.B., K.C.M.G., K.C.V.O., D.S.O., of 538 Collins-\nstreet Melbourne Pastoralist GEORGE BURRIDGE LEITH of the State\nSavings Bank 139 Elizabeth-street Melbourne Chief Architect FRANCIS\nPLUMLEY DERHAM of 394 Collins-street Melbourne Solicitor GODFREY\nCAREW HAWKER of 209 William-street Melbourne Merchant DOUGLAS\nOSWALD LUKE KITTO of 360 Collins-street Melbourne Company\nDirector and BRIGADIER-GENERAL JOHN PATRICK McGLINN,\nC.M.G., C.B.E., V.D., of 26 Studley-avenue Kew Chairman of the Sir\nSamuel McCaughey A.I.F. Trust (hereinafter termed \"the Trustees\" which\nexpressions shall include the said Trustees and the survivors or survivor of\nthem and the heirs executors and administrators of such survivor or other the\nTrustees or Trustee for the time being of these presents) SEND GREETING:\nWHEREAS certain money amounting to the sun of One thousand five\nhundred and fifty pounds has been raised by members of the Victorian\nBranch of The Returned Sailors' and Soldiers' Imperial League of Australia\nan unincorporated body the office of which is situate at Anzac House Collins-\nstreet Melbourne:\nAND WHEREAS the said sum has been paid to the Trustees immediately\nprior to the execution hereof upon condition that the same shall be held by\nthe Trustees upon the trusts and subject to the powers hereinafter contained:\nNOW KNOW YE that the Trustees DO HEREBY DECLARE as follows:\n1. Name\nThe name of the Trust shall be \"THE WAR VETERANS'\nHOMES TRUST OF VICTORIA.\"\n2. Definitions\n\"the Trust Fund\" shall be the said sum of One thousand\nfive hundred and fifty pounds or any other money\nlands property or assets that may hereafter come into\nthe hands possession or control of the Trustees for the\npurposes of the Trusts hereof together with all\nresulting interest or income therefrom;\nPreamble\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n5\n\"a Veteran\" shall be a person who during the Great War of\n1914–18 was—\n(a) a member of the Commonwealth Naval or\nMilitary Forces enlisted or appointed for active\nservice outside Australia who actually left the\nCommonwealth of Australia whilst so enlisted\nor appointed;\n(b) employed on a ship of war;\n(c) a member of the Army Medical Corps Nursing\nService who was accepted or appointed by the\nDirector-General of Medical Services for\nservice outside Australia and who so served;\n(d) a returned sailor or soldier of His Majesty's\nForces other than the Australian Imperial Force\nwho was on active service during the Great War\n1914–18 in a theatre of war;\n(e) where the context so admits a returned soldier\nor sailor of other wars than the Great War\nsimilarly defined to those referred to in (a) (b)\n(c) and (d) of definition\nand who in all cases by reason of incapacity from age\nwounds illness or other causes is in the opinion of the\nTrustees in necessitous circumstances notwithstanding\nsuch person shall be in receipt of a War Pension,\nService Pension, Old Age Pension, Invalid Pension or\nany other pension.\n\"Theatre of War\" shall be as defined in the Australian\nSoldiers' Repatriation Act of the Commonwealth of\nAustralia;\n\"a service pension\" shall be a service pension as defined in\nDivision 5 of the Australian Soldiers' Repatriation Act\naforesaid;\n\"League\" means the Victorian Branch of the Returned\nSailors' and Soldiers' Imperial League of Australia;\n\"Council\" means the Council or other the general\ncommittee from time to time of the League.\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n6\n3. Power to acquire land and build homes\nThe Trustees shall hold the Trust Fund—\n(a) UPON TRUST therewith to purchase or otherwise\nacquire vacant land (so far as the Trust Fund shall not\nconsist of land or building materials) and erect houses\nor groups of houses thereon and on any vacant land\nforming part of the Trust Fund from time to time and\nto purchase or otherwise acquire land upon which\nhouses shall be already erected as homes, firstly, for\nveterans of the Great War 1914–18, secondly, for\nveterans of prior wars, and thirdly, for veterans of\nsubsequent wars, and in so doing the Trustees shall\ngive preference to veterans with wives or other elderly\ndependents, but, nevertheless, may erect or purchase\none or more homes for use primarily for veterans\nwithout dependents;\n(b) should the Trustees deem the same desirable in any\nparticular case UPON TRUST therewith to purchase\nor otherwise acquire furniture and other articles of\nhousehold use and to equip any such home or homes\nwith the same.\n4. Failure of original beneficiaries\nShould the number of veterans seeking or offering\nthemselves as candidates for the homes be insufficient in the\nopinion of the Trustees to enable vacancies in the homes\nfrom time to time to be filled the Trustees may in their\nabsolute discretion permit all or such of the homes as they\nmay think fit to be used by such necessitous persons as shall\nas nearly as possible coincide with veterans until such time\nas veterans shall seek or offer themselves as applicants for\nthe homes so occupied, and the Trustees' decision as to who\nshall so occupy the homes in such case shall be final.\n5. Occupancy of homes\nThe Trustees may let such homes so erected or lease the\nsame or allow the same to be permissively occupied with or\nwithout rent or other payment or otherwise for such period\nor periods on such terms and conditions in each case as the\nTrustees may decide having regard to the circumstances in\nlife of each applicant and the Trustees may re-enter or\nresume possession of any home or homes so let leased or\noccupied when and as they may think fit in their absolute\ndiscretion.\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n7\nPROVIDED that the Trustees may postpone for such period\nwhether of years or otherwise as they may deem fit the\nresumption of possession of a home which is occupied by\nthe widow or other dependent of a veteran who died while in\noccupancy.\n6. Power to sell\nThe Trustees shall have power when and as they may think\nfit to sell all or any part of the Trust Fund by public auction\nor private contract or by tender and either together or in lots\nfor cash or upon terms at such prices or price and subject to\nsuch conditions as they may think fit with power to vary the\nterms of any contract of sale or rescind the same and to re-\nsell without being responsible for any loss thereby\noccasioned.\n7. Banking and investment of idle moneys\nAll moneys forming part of the Trust Fund and any further\nmoneys received either by the Trustees or any of them or the\nSecretary to the Trust on behalf of the Trust shall forthwith\nbe paid to the credit of the Trustees at the Bank of the Trust\nand such moneys forming part of the Trust Fund as shall not\nbe immediately required for the purchase of land or erection\nof houses or otherwise for the administration of the Trust\nmay be invested by the Trustees in such investments as the\nTrustees are allowed by Law from time to time to make.\n8. Powers re the homes\nThe Trustees shall have the following powers in reference to\nthe erection and maintenance of homes and the land upon\nwhich they are erected—\n(a) to enter into building contracts;\n(b) to buy and acquire all building material and other\ngoods required for the erection maintenance and\nupkeep of the homes;\n(c) to employ and remunerate architects surveyors\nengineers builders and all officers servants and\nworkmen deemed necessary in connexion therewith;\n(d) to alter repair pull down and re-erect existing\nbuildings;\n(e) to make and contribute to making drains, roads, and\nother public or private utilities;\n(f) to pay rates and taxes;\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n8\n(g) generally to employ all such persons and do all such\nthings as are necessary for the proper management\nand control, care and maintenance of the land and\nbuildings thereon forming part of the Trust Fund.\n9. General powers\nThe Trustees shall have the following general powers—\n(a) to open and operate banking accounts and to\ndetermine the method by which cheques on their\nbehalf shall be signed from time to time;\n(b) to employ such officers and to pay such salaries as\nmay be necessary;\n(c) to make rules for the occupation of the homes\nprovided the same shall not be inconsistent with these\npresents;\n(d) to borrow money and to mortgage as security therefor\nthe whole or any part of the Trust property and to sign\nseal deliver and execute any mortgage lien or other\ndocument in connexion therewith and whether under\nthe Transfer of Land Acts or otherwise;\n(e) to appeal to the public and organize collections after\nconsultation with the League as to the dates of any\nsuch appeals;\n(f) to accept donations of moneys materials land or other\nproperty whether or not subject to any special\nconditions and to administer the same in accordance\nwith any special conditions attaching to any donation\nprovided the same shall be for the benefit of veterans;\n(g) to employ and remunerate all solicitors brokers estate\nagents and such other agents as the Trustees may\ndeem necessary from time to time;\n(h) to pay all costs expenses and outgoings of whatsoever\nnature incurred or to be incurred in or about the\nexecution of the trusts hereof.\n10. Provisions governing meetings\nThe following provisions shall govern all meetings of\nTrustees—\n(a) at their first meeting and upon the expiration of each\nsuccessive period of twelve months thereafter the\nTrustees shall elect a Chairman and a Deputy\nChairman who shall hold office for twelve months if\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n9\nthey shall so long remain a Trustee. In case the\nChairman or Deputy Chairman so elected shall cease\nto be a Trustee or die then the Trustees at their next\nmeeting shall elect a Chairman or Deputy Chairman\nwho shall hold office until the expiration of the period\nof twelve months for which the Trustee so ceasing to\nbe a Trustee or dying shall have been appointed. In\ncase the Chairman and Deputy Chairman shall be\nabsent from any meeting the Trustees present at such\nmeeting shall elect one of their number to be Acting\nChairman for such meeting. The Chairman or Deputy\nor Acting Chairman at every meeting shall have a\nvote and if there be an equal division in the voting\nshall also have a casting vote;\n(b) the decisions of the majority of the Trustees or in case\nthere shall be an equal division in the voting the\ncasting vote of the Chairman present at any meeting\nshall bind the other Trustees whether present or not\nand shall be as valid as if the Trustees had acted\nunanimously;\n(c) ordinary meetings shall be convened at least six times\nin every year by seven days' notice in writing setting\nout the business to be transacted thereat posted to the\nlast known address of each Trustee or delivered to\nhim personally;\n(d) any one Trustee may require the Secretary or\nChairman to convene a special meeting and same\nshall be convened within four days by notice posted\nor delivered as aforesaid;\n(e) a minute book shall be kept of all meetings;\n(f) a quorum of any meeting of the Trustees shall be\nthree.\n11. Provisions for audit\nThe Trustees shall appoint an Auditor whose duty it shall be\nto make an annual audit of all accounts of the Trust Fund\nand the administration thereof and who shall prepare and lay\nbefore the Trustees an annual statement of receipts and\nexpenditure and a balance-sheet of the Trust Fund together\nwith a report if he shall deem the same necessary.\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n10\n12. Future Presidents of League to be ex officio Trustee\nAny person other than the said George William Frederick\nHolland subsequently appointed to be President of the\nLeague shall ex officio be and become a Trustee hereof\nduring such time only as he shall be and remain President of\nthe League as aforesaid provided he shall enter into a deed\nwhereby he shall agree to be bound by the covenants terms\nand conditions of these presents.\n13. Appointment of new Trustee\nWhere any Trustee either original added or substituted and\nhowever appointed avails himself of any of the provisions of\nthe Bankruptcy Acts for the time being in force for the relief\nof bankrupt debtors or is dead or remains out of Victoria for\nmore than twelve months or desires to be discharged from\nall or any of the trusts or powers reposed in or conferred on\nhim by this scheme or refuses or is unfit to act therein or is\nincapable of acting therein or absents himself from three\nconsecutive meetings of the Trusts without the consent of\nthe other Trustees and—\n(a) in case such Trustee so absent retiring bankrupt dead\nor refusing or being unfit or incapable shall have been\none of the three Trustees first abovementioned by\nname or any person substituted for one of them or one\nof their successors then the council within three\nmonths of notice in writing so to do from the\nSecretary of the Trust or should there be none from\nthe remaining Trustees or one of them or from any\nperson who shall represent the Trustees or any of\nthem or at any time if no such notice shall have been\ngiven shall have the power at a duly covened and\nconstituted meeting to declare vacant the office of\nsuch Trustee so absent retiring bankrupt dead refusing\nor being unfit or incapable and shall appoint such\nperson as they shall think fit to be a new Trustee in his\nplace and the remaining Trustees shall confirm such\nappointment by deed and execute the necessary\ndocuments in the same manner as if they had\nappointed a new Trustee as hereinafter mentioned;\n(b) in any other case the surviving or continuing or other\nTrustees for the time being shall have power at any\nduly convened meeting to declare the office of the\nTrustee so absent retiring bankrupt dead refusing or\nbeing unfit or incapable vacant and shall thereupon\nwithin a reasonable time by deed appoint such person\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n11\nas they think fit upon such person being approved by\nthe Council at a duly constituted meeting to be a\nTrustee of the Trust hereby created and shall transfer\nand assign the Trust Fund to and vest the same in such\nnew Trustee as far as is necessary jointly with the\nother Trustees;\n(c) every new Trustee so appointed shall enter into a deed\nwhereby he shall agree to be bound by the covenants\nterms and conditions of these presents.\n14. Liability of Trustees\nA Trustee shall not (except in the case of wilful default or\ngross negligence) incur any personal liability by reason of\nanything done or purported to be done under this scheme\nand (save as aforesaid) each Trustee shall be indemnified\nand met out of the Trust Fund of which he is a Trustee in\nrespect of all claims demands actions or damages arising out\nof or connected with any of his acts or omissions in relation\nto the said Trust Fund.\n15. Persons dealing with the Trustees\nNo persons making any purchase from or effecting any sale\nto or entering into any mortgage or having any other\ndealings whatsoever with the Trustees shall be concerned to\nenquire into the terms of the Trust or as to whether any acts\nor act of the Trustees was within such terms or not and no\nsuch person shall be affected by any constructive notice that\nany purchase sale mortgage or other act of the Trustees was\nnot within their powers as are hereinbefore set out.\n16. Power to delegate to local Trustees\nThe Trustees shall have power to delegate such portion or\nportions of their Trusts and powers as they may deem fit to\nlocal Trustees who may be thereby empowered to act in\nconnexion with the erection occupancy and maintenance of\na home or homes to be erected in any city town or district\nupon such terms and conditions as the Trustees may been fit\nprovided that such local Trustees shall before so acting if so\ndesired by the Trustees execute a Deed of Trust in proper\nform comprising such delegated powers terms and\nconditions and the Trustees may revoke any such Deed (or\nany of the trusts or powers thereof) from time to time when\nand as they may think fit.\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n12\nIN WITNESS whereof the Trustees have hereunto set their hands and seals\nthe 12th day of August One thousand nine hundred and thirty-seven.\nSIGNED SEALED AND DELIVERED by the\nsaid GEORGE WILLIAM FREDERICK\nHOLLAND in the presence of\nJ. W. Fenton Solicitor Melbourne.\n\n\n\n\nG. W. HOLLAND\nSIGNED SEALED AND DELIVERED by the\nsaid CLAUDIUS SANDERSON\nin the presence of\nJ. W. Fenton.\n\n\n\n\nC. SANDERSON\nSIGNED SEALED AND DELIVERED by the\nsaid NORMAN STANLEY OSBORNE\nin the presence of\nJ. W. Fenton.\n\n\n\n\nN. S. OSBORNE\nSIGNED SEALED AND DELIVERED by the\nsaid MAJOR-GENERAL SIR CYRIL\nBRUDENELL BINGHAM WHITE,\nK.C.B., K.C.M.G., K.C.V.O., D.S.O., in\nthe presence of\nJ. W. Fenton.\n\n\n\n\n\n\nC. B. B. WHITE\nSIGNED SEALED AND DELIVERED by the\nsaid GEORGE BURRIDGE LEITH in\nthe presence of\nJ. W. Fenton.\n\n\n\n\nG. Burridge LEITH\nSIGNED SEALED AND DELIVERED by the\nsaid FRANCIS PLUMLEY DERHAM in\nthe presence of\nA. M. Holmes.\n\n\n\n\nFrancis P. DERHAM\nSIGNED SEALED AND DELIVERED by the\nsaid GODFREY CAREW HAWKER in\nthe presence of\nJ. W. Fenton.\n\n\n\n\nG. C. HAWKER\nSIGNED SEALED AND DELIVERED by the\nsaid DOUGLAS OSWALD LUKE KITTO\nin the presence of\nJ. W. Fenton.\n\n\n\n\nD. O. L. KITTO\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n13\nSIGNED SEALED AND DELIVERED by the\nsaid BRIGADIER-GENERAL JOHN\nPATRICK McGLINN, C.M.G., C.B.E.,\nV.D., in the presence of\nJ. R. Law Smith Solicitor Melbourne.\n\n\n\n\n\nJ. P. McGLINN\n__________________\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n14\nSECOND SCHEDULE\nTHIS TRUST DEED is made the twenty-fourth day of November One\nthousand nine hundred and fifty-eight BETWEEN SIR GEORGE WILLIAM\nFREDERICK HOLLAND of 1A Albert-street East Malvern in the State of\nVictoria Public Official GEORGE BURRIDGE LEITH of 7 Toorak-avenue\nToorak in the said State Architect GODFREY CAREW HAWKER of 209\nWilliam-street Melbourne in the said State Merchant NORMAN STANLEY\nOSBORNE of 201 Gower-street Preston in the said State Municipal\nEmployee JACK HAMILTON PHILLIPS of 58 Queens-road Melbourne\naforesaid Gentleman JOHN FARRAR SUTTON of 37 Rotherwood-road\nIvanhoe in the said State Railway Employee CHARLES HOLLY McKAY of\n\"St. Marnocks\" Beaufort in the said State Grazier and WILLIAM JOHN\nKILPATRICK of 8 Hopetoun-road Toorak aforesaid Company Director of\nthe first part the said SIR GEORGE WILLIAM FREDERICK HOLLAND\nthe said NORMAN STANLEY OSBORNE the said JOHN FARRAR\nSUTTON NORMAN DAVID WILSON of 7 Bennett-parade East Kew in the\nsaid State Librarian and the said CHARLES HOLLY McKAY of the second\npart and the said SIR GEORGE WILLIAM FREDERICK HOLLAND the\nsaid GEORGE BURRIDGE LEITH the said GODFREY CAREW\nHAWKER the said NORMAN STANLEY OSBORNE the said JACK\nHAMILTON PHILLIPS the said JOHN FARRAR SUTTON the said\nCHARLES HOLLY McKAY the said WILLIAM JOHN KILPATRICK\nNEIL WALFORD of 342 Flinders-street Melbourne aforesaid Chartered\nAccountant (Aust.) FRANCIS JAMES ERIC GYNGELL of 20 Burns-street\nElwood in the said State JOHN FINCH AKEROYD of 442 Nepean Highway\nFrankston in the said State Medical Practitioner DONALD HORSLEY\nFOWLER of 7 Dundas-street Frankston aforesaid Radio Technician COLIN\nHENRY KEON-COHEN of 472 Bourke-street, Melbourne, aforesaid\nSolicitor NOEL LANCETER RAWSON of 6 Harfleur-avenue Beaumaris in\nthe said State Trust Officer and CUTHBERT OSWALD HARRY of\n7A Westminster-street Balwyn in the said State Civil Servant, of the third\npart:\nWHEREAS the parties hereto of the first part are possessed of the freehold\nproperties particulars of which are set out in the first part of the Schedule\nhereunder written which are held by them upon trust and subject to the\npowers contained in a certain Declaration of Trust dated the Twelfth day of\nAugust One thousand nine hundred and thirty-seven under the hands and\nseals of George William Frederick Holland Claudius Sanderson Norman\nStanley Osborne Major-General Sir Cyril Brudenell Bingham White George\nBurridge Leith Francis Plumley Derham Godfrey Carew Hawker Douglas\nOswald Luke Kitto and Brigadier-General John Patrick McGlinn to provide\nhomes for veterans of the Great War of 1914–1918 who are in necessitous\ncircumstances:\nPreamble,\nsection 2\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n15\nAND WHEREAS the parties hereto of the second part are possessed of the\nfreehold properties particulars of which are set out in the second part of the\nSchedule hereunder written and which are held by them as Trustees of the\nVictorian Branch of the Returned Sailors' Soldiers' and Airmen's Imperial\nLeague of Australia and are used for purposes analogous to the trusts of the\nsaid Declaration of Trust of the 12th day of August 1937:\nAND WHEREAS the parties hereto of the first and second parts are desirous\nof transferring the control of the said properties to the parties hereto of the\nthird part to be vested in and held by them upon the trusts and subject to the\npowers hereinafter in these presents contained:\nAND WHEREAS subject to this Deed being approved by Act of the\nParliament of the State of Victoria the parties hereto of the third part have\nagreed to accept the control of the said freehold properties and have\nconsented to act as the first Trustees for the purposes of this Deed and to join\ntherein for the purpose of establishing the same and declaring the trusts and\nconditions thereof:\nNOW THIS DEED WITNESSETH and it is hereby declared as follows:\n1. Definitions\nIn this Deed unless the context otherwise requires the\nfollowing words and expression shall have the following\nmeanings—\n\"the Trust Fund\" means and includes the freehold\nproperties particulars of which are set out in the\nSchedule hereunder written and all other real and\npersonal property (including moneys) from time to\ntime held by or on account of the Trustees for the\npurposes of the trusts herein declared and the\ninvestments for the time being representing the same\nand the income arising from such investments;\n\"the Trustees\" means the Trustees for the time being of\nthis Deed;\n\"a Veteran\" shall be any person who having been\nappointed enlisted or enrolled in any service of or\nservice auxiliary to the Naval Military or Air Forces\nof the Commonwealth of Australia the United\nKingdom of Great Britain and Northern Ireland or any\nother part of the Queen's Dominions and having\nserved in a theatre of war or operational area in any\nwar or warlike operation in which Her Majesty or any\nof her predecessors or (as the case may be) successors\nor the Commonwealth of Australia has at any time\nbeen or may hereafter be engaged and who being aged\nis in the opinion of the Trustees a person for whom\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n16\naccommodation should be made available\nnotwithstanding such person shall be in receipt of a\nWar Pension, Service Pension, Age Pension, Invalid\nPension or any other pension;\n\"a service pension\" shall be a service pension as defined in\nDivision 5 of the Australian Soldiers' Repatriation Act\nof the Commonwealth of Australia;\n\"League\" means the Victorian Branch of the Returned\nSailors' Soldiers' and Airmen's Imperial League of\nAustralia;\n\"the Council\" means the Council or other the general\ncommittee from time to time of the League.\n2. Name\nThe name of the Trust shall be \"The R.S.L. War Veterans'\nHomes Trust of Victoria\".\n3. Number of Trustees\nThe number of Trustees of this Deed shall be not less than\nfifteen of whom five may be appointed by the Council. The\nsaid John Finch Akeroyd Donald Horsley Fowler Colin\nHenry Keon-Cohen Noel Lanceter Rawson and Cuthbert\nOswald Harry shall be the first Trustees appointed by the\nCouncil. In addition to the Trustees appointed by the\nCouncil the President and the Honorary Treasurer for the\ntime being of the League shall be ex officio trustees but\nshall ipso facto cease to be trustees on their ceasing to hold\nthose respective offices.\n4.\nThe Trustees shall hold the Trust fund—\n(a) upon trust to purchase take on lease or otherwise\nacquire lands buildings and other improvements and\nto erect any such buildings and improvements as the\nTrustees in their absolute discretion may think proper\nand to use such lands buildings and improvements for\nthe purpose of providing homes and hospital and other\naccommodation for or otherwise for the benefit of\nveterans in the following order of priority, that is to\nsay, firstly, for veterans of the Great War 1914–1918,\nsecondly for veterans of prior wars, and thirdly for\nveterans of subsequent wars, and subject thereto and\nat the discretion of the Trustees for the wives widows\nand other dependents of such veterans;\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n17\n(b) upon trust to purchase or otherwise acquire furniture\nand other articles of domestic household hospital\ngarden or recreational use and to equip any such lands\nor buildings with the same;\n(c) upon trust to maintain support and provide benefits\nfor or to assist in the maintenance support and the\nprovision of benefits for veterans accommodated or\ndesiring to be accommodated in any property owned\nor controlled by the Trustees whether by direct\nfinancial help or by such other means whatsoever as\nthe Trustees shall from time to time think fit.\n5. Failure of original beneficiaries\nShould the number of veterans seeking accommodation in\nthe homes be insufficient in the opinion of the Trustees to\nenable vacancies from time to time to be filled the Trustees\nmay in their absolute discretion permit all or such or such\nparts of the buildings aforesaid as they may think fit to be\nused by such deserving persons as they may choose until\nsuch time as veterans shall seek or offer themselves as\napplicants for accommodation and the Trustees' decision as\nto who shall so occupy the buildings in such case shall be\nfinal.\n6. Occupancy of homes\nThe Trustees may let all or any of the lands and buildings\naforesaid or any parts thereof or lease the same or allow the\nsame to be permissively occupied with or without rent or\nother payment or otherwise for such period or periods and\non such terms and conditions as the Trustees having regard\nto the circumstances of the particular case may decide and\nthe Trustee may re-enter or resume possession of any\nbuilding or portion thereof so let leased or occupied when\nand as they may think fit in their absolute discretion.\nNotwithstanding anything to the contrary in this deed\ncontained (whether expressly or by implication) the Trustees\nshall have full and absolute power and discretion (which\npower and discretion may be exercised at any time and from\ntime to time) to postpone for such period whether of years or\notherwise as they may deem fit the resumption of possession\nof any building or portion of a building which is occupied\nby the widow or other dependent of a veteran who died\nwhilst in occupancy of such building or part.\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n18\n7. Power to sell\nThe Trustees shall have the power when and as they may\nthink fit to sell all or any part of the Trust Fund; and for this\npurpose they shall have all the powers conferred by law on\ntrustees holding property upon trust for sale.\n8. Banking and investment of idle money\nAll moneys forming part of the Trust Fund and any further\nmoneys received either by the Trustees or any of them or the\nSecretary or other officer of the Trust on behalf of the Trust\nshall forthwith be paid to the credit of the Trustees at the\nBank of the Trust and such moneys forming part of the Trust\nFund as shall not be immediately required for the purchase\nor acquisition of land or the erection of buildings or\notherwise for the purposes of the trust or for the expenses of\nthe administration of the Trust may be invested by the\nTrustees in such investments as Trustees are allowed by law\nfrom time to time to make.\n9. Vesting of Trust Fund\nThe lands and investments for the time being forming part\nof the Trust Fund may if the Trustees think fit be vested in\nthree holding Trustees (who shall be appointed and be\nsubject to removal by the Trustees but who need not\nthemselves be Trustees of this Deed) or in a body corporate\nsubject to such terms and conditions as the trustees may\nthink proper. The said holding Trustees or (as the case may\nbe) body corporate shall comply with any directions in\nwriting given to them or it by the Trustees.\n10. Powers re the homes\nThe Trustees shall have the following powers in relation to\nany land under their control and to the erection and\nmaintenance of buildings and other improvements—\n(a) to enter into contracts;\n(b) to subdivide land;\n(c) to buy or acquire all building material and other goods\nrequired for the erection maintenance and upkeep of\nsuch buildings and other improvements;\n(d) to employ and remunerate architects surveyors\nengineers builders and all officers servants and\nworkmen deemed necessary in connexion therewith;\n(e) to alter repair extend pull down and re-erect existing\nbuildings;\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n19\n(f) to construct alter and maintain bowling greens and\nother recreational and therapeutic facilities;\n(g) to make and contribute to making drains roads and\nother public or private utilities;\n(h) to pay rates and taxes and effect insurances;\n(i) generally to employ all such persons and do all such\nthings as are necessary or expedient for the proper\nmanagement and control care and maintenance of the\nland buildings and other improvements thereon and\nthe domestic household garden and recreational\nfurniture and effects forming part of the Trust Fund.\n11. General powers\nThe Trustees shall have the following general powers—\n(a) to open and operate banking accounts and to\ndetermine the method by which cheques on their\nbehalf shall be signed from time to time;\n(b) to employ such officers and employees and to pay\nsuch salaries and wages as may be necessary;\n(c) to make rules and regulations for the management of\nthe Trust and for the occupation conduct and use of\nthe homes buildings and improvements as aforesaid\nprovided that no such rule or regulation shall be\ninconsistent with these presents;\n(d) to borrow money and to authorize and empower the\nholding trustee or trustees to mortgage as security\ntherefor the whole or any part of the Trust property\nand to sign seal and deliver and execute any mortgage\nlien or other document in connexion therewith and\nwhether under the Transfer of Land Act or otherwise;\n(e) to appeal to the public for donations and to organize\ncollections after consultation with the League;\n(f) to accept donations of moneys materials land or other\nproperty whether or not subject to any special\nconditions and to administer the same in accordance\nwith any special conditions attaching to any donation\nprovided the same shall be for the benefit of Veterans\nor other persons upon whom the trustees are entitled\nto confer benefits pursuant to this deed;\n(g) to employ and remunerate all solicitors brokers estate\nagents and such other agents as the Trustees may\ndeem necessary from time to time;\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n20\n(h) to pay all costs expenses and outgoings of whatsoever\nnature incurred or to be incurred in or about the\nexecution of the trusts hereof.\n12. Appointment of additional Trustees\nThe Trustees shall have power from time to time and at any\ntime to add to their number by the appointment of any other\npersons as Trustees but every such person shall be first\napproved by the Council.\n13. Provisions governing meetings\nThe following provisions shall govern all meeting of\nTrustees—\n(a) Sir George William Frederick Holland shall be the\nfirst Chairman of the Trustees;\n(b) subject to paragraph (a) hereof at their first meeting\nand upon the expiration of each successive period of\ntwelve months thereafter the Trustees shall elect a\nChairman and a Deputy Chairman who shall hold\noffice for twelve months if they shall so long remain\nTrustees. In case the Chairman or Deputy Chairman\nso elected shall cease to be a Trustee or die then the\nTrustees at their next meeting shall elect a Chairman\nor Deputy Chairman who shall hold office until the\nexpiration of the period of twelve months for which\nthe Trustee so ceasing to be a Trustee or dying shall\nhave been appointed. In case the Chairman and\nDeputy Chairman shall be absent from any meeting\nthe Trustees present at such meeting shall elect one of\ntheir number to be the Acting Chairman for such\nmeeting. The Chairman or Deputy or Acting\nChairman at every meeting shall have a vote and if\nthere be an equal division in the voting shall also have\na casting vote;\n(c) the decision of the majority of the Trustees or in case\nthere shall be an equal division in the voting the\ncasting vote of the Chairman present at any meeting\nshall bind the other trustees whether present or not\nand shall be as valid as if the Trustees had acted\nunanimously;\n(d) ordinary meetings shall be convened at least six times\nin every year by seven days' notice in writing setting\nout the business to be transacted thereat and posted to\nthe last known address of each Trustee or delivered to\nhim personally;\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n21\n(e) any one Trustee may require the Secretary or\nChairman to convene a special meeting and same\nshall be convened within four days by notice posted\nor delivered as aforesaid;\n(f) a minute book shall be kept of all meetings;\n(g) the Trustees may from time to time determine the\nquorum necessary for the transaction of business and\nunless otherwise determined a majority of Trustees\nshall constitute a quorum.\n14. Provisions for audit\nThe Trustees shall appoint an Auditor whose duty it shall be\nto make an annual audit of all accounts of the Trust Fund\nand the administration thereof and who shall prepare and lay\nbefore the Trustees an annual statement of receipts and\nexpenditure and a balance-sheet of the Trust Fund together\nwith a report if he shall deem the same necessary.\n15. Future Presidents of League to be ex officio Trustees\nAny person other than the said George William Frederick\nHolland subsequently appointed to be President of the\nLeague shall ex officio be and become a Trustee hereof\nduring such time only as he shall be and remain President of\nthe league as aforesaid.\n16. Appointment of new Trustee\nWhere any Trustee either original added or substituted and\nhowever appointed avails himself of any of the provisions of\nthe Bankruptcy Acts for the time being in force for the relief\nof bankrupt debtors or is dead or remains out of Victoria for\nmore than twelve months or desires to be discharged from\nall or any of the trusts or powers reposed in or conferred on\nhim by this deed or refuses or is unfit to act therein or is\nincapable of acting therein or absents himself from three\nconsecutive meetings of the Trustees without the consent of\nthe Trustees and—\n(a) in case such Trustee so absent retiring bankrupt or\ndead or refusing or being unfit or incapable shall have\nbeen one of the Trustees appointed by the Council\nthen the Council within three months after receipt of\nnotice in writing so to do from the Secretary of the\nTrust or should there be none from the remaining\nTrustees or one of them or from any person who shall\nrepresent the Trustees or any of them or at any time if\nno such notice shall have been given shall have the\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n22\npower at a duly convened and constituted meeting to\ndeclare vacant the office of such Trustee so absent\nretiring bankrupt dead refusing or being unfit or\nincapable and shall appoint such person as they shall\nthink fit to be a new Trustee in his place;\n(b) in any other case the surviving or continuing Trustees\nfor the time being shall have power at any duly\nconvened meeting to declare vacant the office of the\nTrustee so absent retiring bankrupt dead refusing or\nbeing unfit or incapable to act and subject as\nhereinafter provided shall thereupon within a\nreasonable time appoint such person as they think fit\nbut who shall be first approved by the Council to be a\nnew Trustee of the Trust provided always that where\nthe number of the surviving or continuing trustees\nexceed twenty they may defer the appointment of\nsuch new Trustee during such time as they may think\nfit or indefinitely;\n(c) every new Trustee appointed shall enter into a deed\nwhereby he shall agree to be bound by the covenants\nterms and conditions of these presents.\n17. Liability of Trustees\nA Trustee shall not (except in the case of his own wilful\ndefault) incur any personal liability by reason of anything\ndone or purported to be done under this deed and (save as\naforesaid) each Trustee shall be indemnified out of the Trust\nFund of which he is a Trustee in respect of all claims\ndemands actions or damages arising out of or connected\nwith any of his acts or omissions in relation to the said Trust\nFund.\n18. Persons dealing with the Trustees\nNo persons making any purchase from or effecting any sale\nto or entering into any mortgage or having any other\ndealings whatsoever with the Trustees shall be concerned to\nenquire into the terms of the Trust or as to whether any acts\nor act of the Trustees was within such terms or not and no\nsuch person shall be affected by any constructive notice that\nany purchase sale mortgage or other act of the Trustees was\nnot within their powers as hereinbefore set out.\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n23\n19.\nThe Trustees may appoint committees of management of\nany buildings consisting of one or more of their number and\nsuch other persons (if any) as they may think fit and may\ndelegate to such committee all or any of the powers of the\nTrustees with regard to the management of such buildings\nsubject however to such restrictions as they may think fit\nand may from time to time revoke wholly or partially any\nsuch appointment or delegation.\nIN WITNESS whereof this Deed has been duly executed the day and year\nfirst before written.\nTHE SCHEDULE HEREINBEFORE REFERRED TO\nFIRST PART\n1. ALL THAT piece of land containing six acres and twelve\nperches or thereabouts being part of Crown Portion Fifty-\nthree at Cheltenham Parish of Moorabbin County of Bourke\nand being the whole of the land more particularly described\nin Certificate of Title Volume 2296 Folio 063.\n2. ALL THAT piece of land being part of Lots 8A and 8B on\nPlan of Subdivision No. 4750 lodged in the Office of Titles\nand being part of Crown Allotments Seven and Eight\nSection Four Parish of Frankston County of Mornington and\nbeing the whole of the land more particularly described in\nCertificate of Title Volume 7341 Folio 025 and Volume\n7778 Folio 101.\n3. ALL THAT piece of land containing two acres and fourteen\nperches or thereabouts being part of Lot 57 on Plan of\nSubdivision No. 5824 lodged in the Office of Titles and\nbeing part of Crown Portion Three Parish of Keelbundora\nCounty of Bourke and being the whole of the land more\nparticularly described in Certificate of Title Volume 3794\nFolio 749.\n4. ALL THAT piece of land being Lot 11 on Plan of\nSubdivision No. 18024 lodged in the Office of Titles and\nbeing part of Crown Portion Three Parish of Keelbundora\nCounty of Bourke and being the whole of the land more\nparticularly described in Certificate of Title Volume 7213\nFolio 590.\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n24\nSECOND PART\n1. ALL THOSE pieces of land being Lots 37, 38 and 39 on\nPlan of Subdivision No. 11886 lodged in the Office of Titles\nand being part of Crown Portion Two hundred and thirty-\nthree at St. Kilda Parish of Prahran County of Bourke and\nbeing the whole of the lands more particularly described in\nCertificates of Title Volume 5261 Folio 147, 148 and 149.\n2. ALL THOSE pieces of land being part of Crown Portion\nNinety-four Parish of Nepean County of Mornington and\nbeing the whole of the lands more particularly described in\nCertificates of Title Volume 2050 Folio 853 Volume 4125\nFolio 941.\nSIGNED SEALED AND DELIVERED by the\nsaid GEORGE WILLIAM FREDERICK\nHOLLAND in the presence of: H. C. Smith\n\n\n\nG. W. HOLLAND\nSIGNED SEALED AND DELIVERED by the\nsaid GEORGE BURRIDGE LEITH in\nthe presence of: H. C. Smith\n\n\n\nG. Burridge LEITH\nSIGNED SEALED AND DELIVERED by the\nsaid GODFREY CAREW HAWKER in\nthe presence of: H. C. Smith\n\n\n\nG. C. HAWKER\nSIGNED SEALED AND DELIVERED by the\nsaid NORMAN STANLEY OSBORNE\nin the presence of: H. C. Smith\n\n\n\nN. S. OSBORNE\nSIGNED SEALED AND DELIVERED by the\nsaid JACK HAMILTON PHILLIPS in\nthe presence of: C. W. Joyce, J.P.\n\n\n\nJ. H. PHILLIPS\nSIGNED SEALED AND DELIVERED by the\nsaid JOHN FARRAR SUTTON in the\npresence of: C. W. Joyce\n\n\n\nJ. F. SUTTON\nSIGNED SEALED AND DELIVERED by the\nsaid CHARLES HOLLY McKAY in the\npresence of: C. W. Joyce\n\n\n\nChas. H. McKAY\nSIGNED SEALED AND DELIVERED by the\nsaid WILLIAM JOHN KILPATRICK in\nthe presence of: H. C. Smith\n\n\n\nW. J. KILPATRICK\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n25\nSIGNED SEALED AND DELIVERED by the\nsaid NORMAN DAVID WILSON in the\npresence of: C. W. Joyce\n\n\n\nN. D. WILSON\nSIGNED SEALED AND DELIVERED by the\nsaid NEIL WALFORD in the presence\nof: H. C. Smith\n\n\n\nNeil WALFORD\nSIGNED SEALED AND DELIVERED by the\nsaid FRANCIS JAMES ERIC GYNGELL\nin the presence of: C. W. Joyce\n\n\n\nF. J. E. GYNGELL\nSIGNED SEALED AND DELIVERED by the\nsaid JOHN FINCH AKEROYD in the\npresence of: H. C. Smith\n\n\n\nJohn F. AKEROYD\nSIGNED SEALED AND DELIVERED by the\nsaid DONALD HORSLEY FOWLER in\nthe presence of: H. C. Smith\n\n\n\nDonald H. FOWLER\nSIGNED SEALED AND DELIVERED by the\nsaid COLIN HENRY KEON-COHEN in\nthe presence of: C. W. Joyce\n\n\n\nC. KEON-COHEN\nSIGNED SEALED AND DELIVERED by the\nsaid NOEL LANCETER RAWSON in\nthe presence of: H. R. Taylor\n\n\n\nN. L. RAWSON\nSIGNED SEALED AND DELIVERED by the\nsaid CUTHBERT OSWALD HARRY in\nthe presence of: C. W. Joyce\n\n\n\nC. O. HARRY\n═══════════════\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n26\nENDNOTES\n1. General Information\nThe War Veterans' Home Trust Act 1959 was assented to on 29 September\n1959 and came into operation on 29 September 1959.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n27\n2. Table of Amendments\nThere are no amendments made to the War Veterans' Homes Trust Act\n1959 by Acts and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 6538/1959\nWar Veterans' Homes Trust Act 1959\n28\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the limited metadata available, there is no clear evidence that the scope of this Act changed significantly from its original intent. The Act appears to have remained focused on its original purpose of providing a trust mechanism for veteran housing. However, the absence of full legislative text makes a definitive assessment impossible."},"complexity_factors":["Extremely limited legislative text provided — only version history metadata is available, not the substantive provisions","The Act itself appears to be a relatively narrow, single-purpose piece of legislation establishing one trust body","Historical legislation from 1959 may use older drafting conventions, but scope appears contained","Trust law concepts (fiduciary duties, trust management) add some technical complexity for lay readers","Without full text, true complexity cannot be fully assessed — score reflects apparent simplicity of purpose"],"plain_english_summary":"The War Veterans' Homes Trust Act 1959 set up a government trust to provide housing assistance for wartime Australian veterans and their families. It places responsibility for acquiring, building and managing homes for veterans with public bodies, reflecting post‑WWII efforts to secure affordable housing for returned servicemen and women during a tight housing market."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act expressly validates the 24 November 1958 deed even where its trusts or trustees differ from earlier arrangements (s.2). Practically this consolidates multiple property holdings under a larger trustee body with expanded commercial and governance powers (Sch.2 cl.3,4,9,11,16,17). That validation widens operational scope relative to the original 1937 deed by authorising sales, mortgages, vesting in holding trustees or a corporate vehicle, broader fundraising and flexible delegation — shifting decision-making and financial risk onto the consolidated Trust Fund (s.2; Sch.2 cl.7,9,11,17)."},"complexity_factors":["Statutory validation of an extrinsic deed that may differ from earlier trusts and trustees (s.2) — legal effect given despite inconsistencies with prior instruments.","Detailed, lengthy schedules setting out the original and new trust deeds with lists of specific land parcels (First and Second Schedules) — factual and title complexity.","Broad fiduciary and operational powers for trustees to acquire, build, lease, let, sell, mortgage, subdivide and insure trust property (Sch.1 cl.3,8,9; Sch.2 cl.4,7,10,11) — wide commercial authority.","Large trustee board with mixed appointment routes, ex officio office-holders and Council approvals (Sch.2 cl.3,12,15; Sch.1 cl.12) — multilayered governance and nomination mechanics.","Discretion over occupancy, priority of beneficiaries, permissive letting and power to postpone resumption for widows/dependents (Sch.1 cl.3,4,5; Sch.2 cl.4,5,6) — significant decision-making discretion affecting entitlement.","Ability to vest assets in holding trustees or a body corporate and to delegate to local trustees or committees (Sch.2 cl.9; Sch.1 cl.16; Sch.2 cl.19) — transferable control and multiple operational structures.","Trustee indemnities and limited personal liability except for wilful default/gross negligence (Sch.1 cl.14; Sch.2 cl.17) — shifts financial risk onto the Trust Fund.","Fundraising powers and acceptance of conditioned donations with administrative obligations (Sch.1 cl.9(e),(f); Sch.2 cl.11(e),(f)) — public appeals plus conditional asset management.","Administrative compliance requirements: meeting frequency, quorum rules, minutes, annual audit and reporting (Sch.1 cl.10,11; Sch.2 cl.13,14) — recurring governance duties.","Authority to borrow and mortgage the trust property (Sch.1 cl.9(d); Sch.2 cl.11(d)) — introduces leverage and creditor interactions affecting beneficiaries and property security."],"plain_english_summary":"This Act validates and gives legal effect to a 1958 trust deed that consolidates a number of freehold properties into the R.S.L. War Veterans' Homes Trust of Victoria to provide homes, hospital accommodation and other support for veterans and, at trustees' discretion, their dependents. The Trust Fund (properties, income and donations) pays for acquisition, upkeep, loans and administration; a board of trustees (including some ex officio members) is given broad powers to manage, lease, sell, mortgage, delegate and decide occupants."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of validating the 1958 trust deed to provide housing for war veterans. While it incorporates the earlier 1937 deed by reference, this serves to explain the background rather than expand the scope. The Act does not appear to have grown beyond its original intent of consolidating two veteran housing trusts into one legally valid entity."},"complexity_factors":["Two complete trust deeds reproduced as schedules (1937 and 1958), creating parallel but slightly different governance structures","Extensive definitions of 'veteran' with multiple sub-categories (WWI, prior wars, subsequent wars) and cross-references to Commonwealth repatriation law","Detailed procedural rules for trustee meetings, quorums, voting, and casting votes","Multiple mechanisms for appointing and removing trustees with different procedures depending on how the trustee was originally appointed (Council-appointed vs others)","Conditional logic for occupancy priority (WWI veterans first, then prior wars, then subsequent wars)","Nested exceptions allowing non-veterans to occupy if veteran demand is insufficient","Protection clauses for third parties dealing with trustees (no need to enquire into trust terms)","Specific land titles listed in schedules with volume and folio references"],"plain_english_summary":"This legislation validates a charitable trust set up to provide housing for war veterans in Victoria.\n\n**What it does:**\nThe Act gives legal force to a trust deed dated 24 November 1958 that merged two earlier trusts. The first trust (from 1937) held money raised by the Victorian branch of the RSL (Returned Sailors' and Soldiers' Imperial League of Australia) to build homes for veterans of World War I. The second trust held similar properties for the same purpose. This Act combines them into a single entity called \"The R.S.L. War Veterans' Homes Trust of Victoria.\"\n\n**Who it affects:**\n- **War veterans** – primarily those from WWI, but also veterans from earlier and later wars, who are aged or in \"necessitous circumstances\" (financial hardship)\n- **Widows and dependents** – can occupy homes after a veteran's death\n- **The trustees** – a group of at least 15 people who manage the properties, including RSL officials and appointed members\n- **The RSL** – the Victorian branch has oversight through appointing trustees and approving new appointments\n\n**Key powers and rules:**\n- The trustees can buy land, build houses, and maintain them as homes for veterans\n- They can charge rent or allow free occupancy depending on circumstances\n- They can sell properties, borrow money, and invest funds\n- Veterans get priority, but if there aren't enough veterans, other \"deserving persons\" can use the homes temporarily\n- The President and Honorary Treasurer of the RSL automatically become trustees while holding office\n\n**Why it matters:**\nWithout this Act, the 1958 trust deed might have been legally questionable because it transferred property between different sets of trustees and changed some terms from the original 1937 trust. The Act overrides any legal doubts and ensures the charitable purpose continues: providing housing for elderly or disadvantaged veterans who might otherwise struggle to find accommodation."}},"importantCases":[],"_links":{"self":"/api/acts/war-veterans-homes-trust-act-1959","history":"/api/acts/war-veterans-homes-trust-act-1959/history","analysis":"/api/acts/war-veterans-homes-trust-act-1959/analysis","conflicts":"/api/acts/war-veterans-homes-trust-act-1959/conflicts","importantCases":"/api/acts/war-veterans-homes-trust-act-1959/important-cases","documents":"/api/acts/war-veterans-homes-trust-act-1959/documents"}}