Victorian Legislation Parliamentary Documentsi
Version No. 002
Anglican Welfare Agency Act 1997
Act No. 23/1997
Version incorporating amendments as at 1 January 1999
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 2
Purpose 2
Commencement 2
Definitions 2
PART 2—ANGLICAN WELFARE AGENCY 5
Establishment 5
Functions 5
Powers 5
The Constitution 6
Rules 6
PART 3—THE AGENCY AS SUCCESSOR OF
UNINCORPORATED BODIES 7
Transfer of assets and liabilities 7
Unincorporated body instruments 8
Gifts, trusts etc 8
Gifts, trusts etc for certain purposes 9
Declared bodies 10
Amendment of Register 11
SCHEDULE—The Constitution of Anglicare Victoria 12
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ENDNOTES 26
General Information 26
Table of Amendments 27
Explanatory Details 28
Victorian Legislation Parliamentary Documents1
Version No. 002
Anglican Welfare Agency Act 1997
Act No. 23/1997
Version incorporating amendments as at 1 January 1999
Preamble
(1) The Anglican Mission to the Streets and Lanes of
Melbourne was established in 1886 by the Bishop of
Melbourne as the Diocesan Mission to the Streets and
Lanes of Melbourne.
(2) The Mission of St James and St John was established
by Act of the Synod of the Diocese of Melbourne in
1919.
(3) St John's Homes for Boys and Girls is the successor of
St Martin's Home for Boys which was established by
resolution of the Synod of the Diocese of Melbourne in
1919, was opened in 1921 and was given a constitution
in 1926 by Act of the Synod of the Diocese of
Melbourne. By further Acts of Synod, the name was
changed in 1940 to St John's Home for Boys and, in
1969, to St John's Homes for Boys and Girls.
(4) The Anglican Mission to the Streets and Lanes of
Melbourne, the Mission of St James and St John and
St John's Homes for Boys and Girls have agreed to the
formation of a new Anglican agency and, on the basis
of their past experience and achievements, to continue
and extend their operations.
(5) In October 1996, the Synod of the Diocese of
Melbourne approved a proposal for the establishment
of a new Anglican welfare agency by Act of the
Parliament.
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Anglican Welfare Agency Act 1997
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The Parliament of Victoria therefore enacts as follows:
PART 1—PRELIMINARY
Purpose
The purpose of this Act is to incorporate an
Anglican Welfare Agency as the successor in law
of the Anglican Mission to the Streets and Lanes
of Melbourne, the Mission of St James and St
John and St John's Homes for Boys and Girls.
Commencement
(1) Part 1 comes into operation on the day on which
this Act receives the Royal Assent.
(2) The remaining provisions of this Act come into
operation on 1 July 1997.
Definitions
In this Act—
"Agency" means the body established under
section 4;
"Board" means the Board of the Agency
constituted for the time being in accordance
with the Constitution;
"Constitution" means the Constitution of the
Agency set out in the Schedule and, if that
Constitution is amended, that Constitution as
so amended and in force for the time being;
"Council" means the Council of the Agency
constituted for the time being in accordance
with the Constitution;
"instrument" includes a document and an oral
agreement;
s. 1
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"liabilities" means all liabilities, duties and
obligations, whether actual, contingent or
prospective;
"property" means any legal or equitable estate or
interest (whether present or future and
whether vested or contingent) in real or
personal property of any description;
"rights" means all rights, powers, privileges and
immunities, whether actual, contingent or
prospective;
"Trust Corporation" means the Melbourne
Anglican Trust Corporation, a body
corporate under the Church of England Act
1884 (Act No. 797);
"trust instrument" means an instrument
subsisting immediately before the
commencement of Part 3—
(a) to which the Trust Corporation or
another trustee was a party as trustee
for an unincorporated body; or
(b) that was given to or in favour of the
Trust Corporation or another trustee as
trustee for an unincorporated body; or
(c) that refers to the Trust Corporation or
another trustee as trustee for an
unincorporated body; or
(d) under which—
(i) money is, or may become, payable
to or by the Trust Corporation or
another trustee as trustee for an
unincorporated body; or
s. 3
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(ii) other property is to be, or may
become liable to be, transferred to
or by the Trust Corporation or
another trustee as trustee for an
unincorporated body;
"unincorporated body" means—
(a) the Anglican Mission to the Streets and
Lanes of Melbourne;
(b) the Mission of St James and St John;
(c) St John's Homes for Boys and Girls;
"unincorporated body instrument" means an
instrument subsisting immediately before the
commencement of Part 3—
(a) to which an unincorporated body was a
party; or
(b) that was given to or in favour of an
unincorporated body; or
(c) that refers to an unincorporated body;
or
(d) under which—
(i) money is, or may become, payable
to or by an unincorporated body;
or
(ii) other property is to be, or may
become liable to be, transferred to
or by an unincorporated body;
"will" includes a codicil and any testamentary
disposition.
s. 3
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PART 2—ANGLICAN WELFARE AGENCY
4. Establishment
(1) There is established a body by the name
"Anglicare Victoria".
(2) Anglicare Victoria—
(a) is a body corporate with perpetual
succession;
(b) has an official seal;
(c) may sue and be sued;
(d) may acquire, hold and dispose of real and
personal property;
(e) may do and suffer all acts and things that a
body corporate may by law do and suffer.
(3) All courts must take judicial notice of the seal of
Anglicare Victoria affixed to a document and,
until the contrary is proved, must assume it was
duly affixed.
(4) The official seal of Anglicare Victoria must be
kept in such custody as Anglicare Victoria directs
and must not be used except as authorised by
Anglicare Victoria.
5. Functions
The functions of the Agency are the functions
conferred on it by this Act or the Constitution.
6. Powers
The Agency may do all things necessary or
convenient to be done for, or in connection with,
the carrying out of its functions.
s. 4
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7. The Constitution
(1) The Agency is governed by this Act and the
Constitution.
(2) Subject to this Act and the Constitution, the
Agency is managed by the Board.
(3) The Board may exercise the powers of the Agency
other than the powers that, under the Constitution,
are required to be exercised by the Council.
8. Rules
Subject to this section, the Agency may make
rules not inconsistent with this Act, the
Constitution or the objects set out in the
Constitution.
s. 7
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PART 3—THE AGENCY AS SUCCESSOR OF
UNINCORPORATED BODIES
9. Transfer of assets and liabilities
(1) On the commencement of this Part—
(a) all property and rights of the unincorporated
bodies or of any of them vest in the Agency;
(b) all liabilities of the unincorporated bodies or
of any of them become liabilities of the
Agency;
(c) the Agency is the successor in law of each of
the unincorporated bodies;
(d) each of the unincorporated bodies is
dissolved.
(2) Without derogating from any other powers of the
Trust Corporation, the Trust Corporation—
(a) may transfer to the Agency any property held
by the Trust Corporation that, immediately
before the commencement of this Act, was
held by it on behalf of an unincorporated
body, other than property that is subject to an
express trust;
(b) may, by writing, appoint the Agency to be
the trustee in place of the Trust Corporation
in respect of any property vested in it before
the commencement of this section as trustee
for an unincorporated body or in respect of
any other trust for the benefit of an
unincorporated body of which it was
appointed trustee before that
commencement.
s. 9
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10. Unincorporated body instruments
(1) Each unincorporated body instrument continues to
have effect according to its tenor on and after the
commencement of this Part as if a reference in the
instrument to an unincorporated body were a
reference to the Agency.
(2) Each trust instrument continues to have effect
according to its tenor on and after the
commencement of this Part as if a reference in the
instrument to an unincorporated body were a
reference to the Agency.
11. Gifts, trusts etc
If—
(a) before or after the commencement of this
Part—
(i) a gift, disposition or trust of property
has been or is made or declared or is
deemed to have been made or declared;
or
(ii) a trust fund has been or is created—
(whether by deed, will or otherwise) to, in
favour of, for the use of, or for the purposes
of, an unincorporated body; and
(b) the gift, disposition, trust or trust fund takes
effect, or may take effect, or the trust fund
may be applied, on or after that
commencement—
the gift, disposition, trust or trust fund does not
fail only because of the provisions of this Act, but
on or after that commencement—
(c) in the case of a gift, disposition or trust of
property, takes effect as if made or declared
to or in favour of the Agency for a purpose
of the Agency that corresponds with, or is
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similar to, those purposes of the
unincorporated body for which it was made
or declared; or
(d) in the case of a trust fund, may be applied as
if created in favour of the Agency for a
purpose of the Agency that corresponds with,
or is similar to, those purposes of the
unincorporated body for which the fund was
created.
12. Gifts, trusts etc for certain purposes
(1) If, before or after the commencement of this
Part—
(a) a gift, disposition or trust of property has
been or is made or declared or is deemed to
have been made or declared; or
(b) a trust fund has been or is created—
(whether by deed, will or otherwise) to, in favour
of, for the use of, or for the purposes of, a named
program and has taken effect before that
commencement or may take effect or be applied
on or after that commencement—
(c) in the case of a gift, disposition or trust of
property, it does not fail only because of
those purposes or this Act but has effect as if
made or declared to or in favour of the
Agency for a purpose of the Agency that
corresponds with, or is similar to, the
purposes for which it was made or declared;
and
(d) in the case of a trust fund, it does not fail
only because of those purposes or this Act
but may be applied to or in favour of the
Agency for a purpose of the Agency that
corresponds with, or is similar to, the
purposes for which the fund was created.
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(2) In this section, "named program" means—
(a) the Darling Babies Home; or
(b) the Church of England Homes for Children,
Brighton; or
(c) a program or service of an unincorporated
body, or of a predecessor of an
unincorporated body, that was carried on or
provided for charitable welfare purposes
before the commencement of this Part.
13. Declared bodies
(1) The Governor in Council, by Order published in
the Government Gazette, may declare a diocesan
body to be a declared body for the purposes of this
Act as from a date specified in the Order.
(2) If an Order is made under sub-section (1), on the
date specified in the Order, this Part applies to the
diocesan body specified in the Order as if—
(a) a reference in this Act to an unincorporated
body were a reference to the diocesan body;
and
(b) a reference in this Act to the commencement
of this Part were a reference to the date
specified in the Order.
(3) In this section, "diocesan body" means a body
unincorporate—
(a) that is constituted by an Act of the Synod of
a diocese of the Anglican Church of
Australia in the province of Victoria; and
(b) in respect of which the Synod of that diocese
has by Act of Synod determined that the
body should form part of the Agency; and
(c) that the Agency has declared, in writing, that
it has agreed that the body should form part
of the Agency.
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14. Amendment of Register
(1) The Registrar of Titles, on being requested to do
so and on delivery of any relevant certificate of
title or instrument, must make any amendments in
the Register under the Transfer of Land Act
1958 that are necessary because of the operation
of this Part.
s. 14
S. 14(2)
repealed by
85/1998
s. 24(Sch.
item 4).
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SCHEDULE
THE CONSTITUTION OF ANGLICARE VICTORIA
PART 1—PRELIMINARY
Definitions
In this Constitution—
"Agency" means the body corporate established by the
Anglican Welfare Agency Act 1997 under the name
Anglicare Victoria;
"Archbishop" means the Archbishop of the Diocese of
Melbourne and includes a person for the time being
administering the affairs of the Diocese;
"Archbishop in Council" means the Archbishop acting
with the advice of the Council of the Diocese of
Melbourne;
"Bishop in Council", in relation to a diocese other than the
Diocese of Melbourne, means the Bishop of the
diocese acting with the advice of the Council of the
diocese;
"Board" means the Board of the Agency;
"chairperson" means chairperson of the Board and
includes a person acting as chairperson;
"Council" means the Council of the Agency;
"Diocese" means a diocese of the Anglican Church of
Australia;
"diocesan region" means one of the regions of the Diocese
of Melbourne, the regions being defined from time to
time by the Archbishop;
"financial year" means a year beginning on 1 July;
"member" means—
(a) in relation to the Council, a member of the
Council;
(b) in relation to the Board, a member of the Board;
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"participating diocese" means a diocese of the Anglican
Church of Australia in the province of Victoria, other
than the Diocese of Melbourne, in which a program of
the Agency is carried on with the consent of the
Bishop in Council of that diocese;
"Rules" means the Rules of the Agency made under
clause 28;
"special resolution" in relation to the Council or the Board,
means a resolution passed at a meeting by not less
than 75% of the members present and voting;
"Support Association" means an organisation approved for
the time being under clause 27 as the Support
Association of the Agency;
"the Act" means the Anglican Welfare Agency Act 1997;
"this Constitution" includes this Constitution, if amended,
as amended and in force for the time being.
2. Interpretation
Words and expressions used in this Constitution have,
unless the contrary intention appears, the same respective
meanings as the word or expression would have if used in
the Act.
PART 2—MISSION STATEMENT, OBJECTS AND FUNCTIONS
3. Mission statement
The Agency exists to create a more just society by
expressing God's love through service, education and
advocacy.
4. Objects
The objects of the Agency, to fulfil the Mission Statement in
clause 3, are—
(a) the relief of poverty; and
(b) the welfare of children, young people and adults who
are financially, emotionally or socially disadvantaged,
with a primary focus on families; and
(c) the undertaking, carrying on or carrying out of any
other charitable work or charitable purpose.
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5. Functions and powers
(1) The functions of the Agency are—
(a) to provide services for the carrying out of its objects;
(b) in connection with and for the purposes of carrying
out its objects—
(i) to undertake programs of education, research
and planning;
(ii) to publish and disseminate information
resulting from those programs.
(2) The Agency may—
(a) establish and maintain premises for the purposes of
the provision of its services, including residential
services;
(b) receive donations, bequests and grants;
(c) act as trustee;
(d) obtain financial accommodation and make
investments;
(e) enter into agreements, arrangements, partnerships and
joint ventures;
(f) receive and administer grants for charitable purposes
connected with its objects;
(g) make grants for charitable purposes connected with its
objects;
(h) employ staff;
(i) do all things necessary or convenient to be done for or
in connection with the carrying out of its functions.
PART 3—THE COUNCIL
6. Council of the Agency
(1) There shall be a Council of the Agency.
(2) The members of the Council are—
(a) the Archbishop, who shall be the President of the
Council;
(b) 3 persons appointed by the Archbishop in Council;
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(c) 3 persons elected by the Synod of the Diocese of
Melbourne who, at the time of election, are members
of that Synod;
(d) 3 persons appointed by the council of each diocesan
region;
(e) 3 persons appointed by the Bishop in Council of each
participating diocese;
(f) 3 employees of the Agency appointed, in accordance
with the Rules, by the employees of the Agency;
(g) 6 persons, who are not employees of the Agency,
appointed by the Support Association;
(h) 9 persons co-opted by the Council.
(3) In addition to its other functions and powers under this
Constitution, the Council may make such recommendations
to the Board as the Council sees fit.
7. Term of appointment
(1) A member of the Council appointed or co-opted under
clause 6 is appointed or co-opted for a term ending on the
date of the annual general meeting of the Council in the next
following calendar year that is 3 years, or a multiple of
3 years, after 1997, but is eligible to be re-appointed or
re-co-opted.
(2) A member of the Council elected by the Synod of the
Diocese of Melbourne is elected for a term ending on the
date of the declaration of the poll at elections by the Synod
held in the third year after the member was elected.
8. Vacancies and resignation
(1) If a member of the Council appointed or co-opted under
clause 6 or this clause ceases to hold office before the
expiration of the term of appointment or co-option, a person
may be appointed or co-opted, by the person or body that
appointed or co-opted the member, to fill the vacancy for the
remainder of the term of office of the member or until
resignation or otherwise ceasing to hold office.
(2) If a member of the Council elected by the Synod of the
Diocese of Melbourne ceases to hold office before the
expiration of the term of election, the vacancy may be
filled—
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(a) in accordance with the provisions of the Regulation of
Elections Act 1980 of the Synod for the filling of
casual vacancies; or
(b) if those provisions do not result in the filling of the
vacancy, by a person nominated by Archbishop in
Council—
and the vacancy shall be so filled for the remainder of the
term of the member or until the person filling the vacancy
resigns or otherwise ceases to hold office.
(3) A member of the Council appointed, elected or co-opted
under clause 6 or this clause may resign by notice in writing
given to the secretary of the Council.
(4) The office of a member of the Council appointed by
employees of the Agency under clause 6 or this clause
becomes vacant if the member ceases to be an employee of
the Agency.
9. Meetings of the Council
(1) The Council must meet at least twice in each calendar year.
(2) Meetings of the Council shall be held at such times and
places as the Council determines.
(3) If the secretary of the Council receives a request from the
Archbishop or a request in writing from at least 25% of the
members of the Council, the secretary must convene a
meeting of the Council to be held on a day not later than
21 days after receiving the request.
(4) A majority of the members for the time being constitutes a
quorum of the Council.
(5) A question arising at a meeting of the Council shall be
determined by a majority of votes of the members present
and voting on the question and, if the voting is equal, the
person presiding has a casting, as well as a deliberative,
vote.
(6) The Council must ensure that minutes are kept of each
meeting.
(7) A member of the Board who is not a member of the Council
may attend and speak at a meeting of the Council.
(8) Subject to the Act, this Constitution and the Rules, the
Council may regulate its own procedure.
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10. Validity of acts or decisions
An act or decision of the Council is not invalid by reason
only of—
(a) any vacancy in the office of a member; or
(b) any defect or irregularity in or in connection with the
appointment of a member.
11. President of the Council
(1) The Archbishop shall preside at a meeting of the Council at
which the Archbishop is present and wishes to preside.
(2) If, at or during a meeting of the Council, the Archbishop is
not present or does not wish to preside, the members present
shall elect one of their number to preside during the absence
of the Archbishop or while the Archbishop does not wish to
preside.
12. Secretary of the Council
There shall be a secretary of the Council appointed by the
Council from time to time.
13. Annual general meeting of the Council
(1) The annual general meeting of the Council shall be held on a
date in August, September or October to be determined by
the secretary of the Council after consultation with the
Board.
(2) The business of the annual general meeting of the Council
is—
(a) the receipt of the financial statements of the Agency
for the preceding financial year and the auditor's
report;
(b) the receipt of the annual report from the Board for the
preceding financial year;
(c) the appointment of a registered company auditor as
the auditor of the Agency;
(d) such other business as the Council determines.
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PART 4—THE BOARD
14. The Board
(1) There shall be a Board of the Agency.
(2) The members of the Board are—
(a) a chairperson appointed by the Archbishop after
consultation with the Board;
(b) 6 members of the Council, other than the Archbishop
or a member who is an employee of the Agency,
appointed by the Council;
(c) 3 persons appointed by the Archbishop;
(d) 3 persons co-opted by the Board.
(3) A person is not eligible to be appointed or co-opted under
sub-clause (2)(b), (c) or (d) unless—
(a) the person is, when appointed or co-opted, a
practising member of the Anglican Church of
Australia; or
(b) immediately before the appointment or co-option, at
least 8 members of the Board are practising members
of the Anglican Church of Australia.
(4) Subject to the Act and this Constitution, the Board—
(a) is responsible for the management and control of the
affairs of the Agency; and
(b) may exercise the powers of the Agency.
15. Term of appointment
(1) A member of the Board appointed or co-opted under clause
14 is appointed or co-opted for a term ending on the date of
the annual general meeting of the Council in the next
following calendar year that is 3 years, or a multiple of
3 years, after 1997, but, subject to sub-section (2), is eligible
to be re-appointed or re-co-opted.
(2) A member of the Board is not eligible to hold office for
more than 3 consecutive terms.
16. Vacancies and resignation
(1) If a member of the Board appointed or co-opted under
clause 14 or this clause ceases to hold office before the
expiration of the term of appointment or co-option, a person
may be appointed or co-opted, by the person or body that
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appointed or co-opted the member, to fill the vacancy for the
remainder of the term of office of the member or until
resignation or otherwise ceasing to hold office.
(2) The office of a member of the Board appointed by the
Council under clause 14 or this clause becomes vacant if the
member ceases to be a member of the Council.
(3) The office of a member of the Board appointed, elected or
co-opted under clause 14 or this clause becomes vacant if
the member—
(a) without the approval of the Board, fails to attend
3 consecutive meetings of the Board; or
(b) becomes bankrupt, applies to take the benefit of any
law for the relief of bankrupt or insolvent debtors,
compounds with his or her creditors or makes an
assignment of his or her remuneration for their
benefit; or
(c) is convicted of an indictable offence or an offence
which, if committed in Victoria, would be an
indictable offence.
(4) A member of the Board may resign by notice in writing
given to the chairperson or the secretary of the Board.
17. Validity of acts or decisions
An act or decision of the Board is not invalid by reason only
of—
(a) any vacancy in the office of a member; or
(b) any defect or irregularity in or in connection with the
appointment of a member.
18. Acting Chairperson
If the chairperson appointed under clause 14 is not present at
a meeting of the Board, the members present shall elect one
of their number to act as chairperson of the meeting.
19. Secretary
There shall be a secretary of the Board appointed by the
Board from time to time.
20. Proceedings of the Board
(1) The Board must meet at least 9 times in each calendar year.
(2) Subject to sub-clause (3), meetings of the Board shall be
held at such times and places as the Board determines.
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(3) The chairperson may at any time convene a meeting and
must do so when requested by 5 members of the Board.
(4) A majority of the members for the time being constitutes a
quorum of the Board.
(5) A question arising at a meeting of the Board shall be
determined by a majority of votes of the members present
and voting on the question and, if the voting is equal, the
chairperson has a casting, as well as a deliberative vote.
(6) The Board must ensure that minutes are kept of each
meeting.
(7) Subject to the Act, this Constitution and the Rules, the
Board may regulate its own proceedings.
21. Delegation
(1) The Board may, in writing, delegate to—
(a) a member of the Board; or
(b) the members of a committee appointed by the
Board—
any powers of the Board, other than this power of delegation
and its powers under clauses 24 and 28, and may, in writing,
revoke any such delegation.
(2) A delegation of a power under this clause—
(a) does not prevent the exercise of the power by the
Board; and
(b) may be made subject to conditions.
22. Committees of Board
(1) Subject to the Act, this Constitution and the Rules, the
Board may from time to time establish such committees as it
thinks fit to exercise powers delegated by the Board, to
advise the Board or for any other purpose.
(2) A committee shall consist of—
(a) such members of the Board as the Board determines;
and
(b) such other persons (if any) as the Board determines.
(3) The Board must determine the number of members of the
Board who are members of the committee who must be
present when a question is determined by the committee.
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(4) Subject to the Act, this Constitution and the Rules, the
procedure of a committee is in its discretion.
(5) The Board may at any time dissolve a committee established
under this section.
23. Pecuniary interests
(1) A member of the Board or of a committee established under
clause 22 who has a pecuniary interest in a matter being
considered or about to be considered by the Board or
committee must, as soon as practical after the relevant facts
have come to the member's knowledge, declare the nature of
that interest at a meeting of the Board or committee.
(2) The chairperson of a meeting at which a declaration is made
under this clause must cause a record of the declaration to be
made in the minutes of the meeting.
(3) Unless the Board or committee otherwise resolves, a
member who has made a declaration under sub-clause (1)
must not be present during any deliberation with respect to,
or vote on, the matter in respect of which the declaration is
made.
PART 5—GENERAL
24. Chief Executive Officer
(1) The Board may, with the approval of the Archbishop,
appoint a person as the chief executive officer of the
Agency.
(2) A person is not eligible to be appointed as the chief
executive officer unless, when appointed, he or she is a
practising member of the Anglican Church of Australia or of
another Christian denomination.
(3) The Chief Executive Officer holds office on such terms and
conditions as are determined by the Board.
(4) The Board may remove the Chief Executive Officer from
office.
(5) The Chief Executive Officer is not eligible to be appointed,
elected or co-opted as, or to hold office as, a member of the
Council or the Board.
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(6) Despite sub-clause (5), the Chief Executive Officer may
attend and speak at a meeting of the Council or the Board,
but must not be present at a meeting while the conduct or
terms or conditions of employment of the Chief Executive
Officer are discussed.
25. Property and income of Agency
(1) Subject to this clause, the property and income vested in, or
acquired by, the Agency, however derived, except in so far
as it is subject to a trust, must be held and applied solely
towards the objects of the Agency set out in this
Constitution.
(2) Property and income of the Agency must not be paid or
transferred directly or indirectly by way of profit to a
member of the Council or the Board or an employee of the
Agency.
(3) Nothing in this clause prevents—
(a) the payment of remuneration in good faith to an
employee of the Agency or any other person in return
for services rendered to the Agency; or
(b) the payment of expenses incurred by a member of the
Council or the Board in carrying out a duty as such a
member if the amount paid does not exceed an
amount determined by the Board before the expenses
were incurred; or
(c) the payment of remuneration to a member of the
Council who is an employee of the Agency, being the
remuneration the employee would receive if not a
member of the Council.
26. Accounts of the Agency
(1) The Board must cause to be kept proper accounts and
records of the transactions and affairs of the Agency and
such other records as sufficiently explain the financial
operations and financial position of the Agency.
(2) The Board must do all things necessary to ensure that all
payments of money are correctly made and properly
authorised and that adequate control is maintained over the
assets of the Agency and over the incurring of liabilities by
the Agency.
(3) The Board must cause the accounts of the Agency to be
audited annually by a registered company auditor appointed
by the Council.
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(4) The Board must cause the audited accounts and an annual
report on the operations of the Agency to be presented to the
annual general meeting of the Council.
(5) As soon as practicable after the audited accounts and annual
report are approved by the Council, the Board must give a
copy of the accounts and report to the Archbishop in
Council.
27. Support Association
(1) The Council may approve an organisation as the Support
Association of the Agency.
(2) The Council must not approve an organisation unless—
(a) the purposes of the organisation include the provision
of support to the Agency; and
(b) the constitution of the organisation prohibits
amendment of the constitution without the approval of
the Council.
(3) The approval of an organisation under this clause has no
effect while an earlier approval of another organisation is in
force.
(4) The Council may withdraw its approval of an organisation
as the Support Association of the Agency.
28. Rules of the Agency
(1) The Board may, in accordance with this Constitution, make
rules not inconsistent with the Act or this Constitution.
(2) Rules made under sub-clause (1) have no effect unless
confirmed by the Council.
29. Indemnity
(1) A member of the Council or the Board or of a committee of
the Board and each employee of the Agency is entitled to be
indemnified out of the assets of the Agency against—
(a) any loss or liability incurred by him or her in carrying
out duties as such a member or employee, not being a
loss or liability in respect on his or her part of any
wilful negligence, default, breach of duty or breach of
trust of the Agency; and
(b) any liability incurred as such a member or employee
in defending any proceedings, whether civil or
criminal, in which judgment is given in his or her
favour, or in which he or she is acquitted.
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(2) The Agency may apply such assets of the Agency as are
necessary for the purposes of this clause.
30. Visitor
(1) The Archbishop is the Visitor of the Agency and as Visitor
has power to do anything necessary to carry out the duties
and functions of the Visitor.
(2) The Archbishop may authorise a person to act as Visitor in
place of the Archbishop—
(a) in relation to any particular matter concerning the
affairs of the Agency; or
(b) during any period when the Visitor is absent or unable
to act.
(3) The person who is authorised to act as Visitor under sub-
section (2) has all the duties, functions and powers of the
Visitor to the extent, or for the period of, the authorisation
under that sub-clause.
31. Amendment of this Constitution
(1) This Constitution, other than this clause, may be amended in
accordance with this clause.
(2) The Council may, by special resolution, propose that this
Constitution be amended in accordance with the resolution.
(3) The Board must cause a copy of a special resolution under
sub-clause (2) to be given to the Archbishop within 14 days
after the passing of the resolution.
(4) The Archbishop in Council may, within 3 months after the
passing of the special resolution, approve the amendment of
this Constitution in accordance with the special resolution.
(5) An amendment of this Constitution has effect on the day on
which the Archbishop in Council approves the amendment
or on such later day as is specified in the special resolution.
32. Winding up
(1) The Agency may be wound up on a special resolution to that
effect of the Council and with the consent of the Archbishop
in Council.
(2) On the winding up of the Agency, if there are any assets
remaining after satisfaction of the liabilities of the Agency,
the assets must be paid as determined by the Archbishop in
Council to an organisation the objects of which are or
include charitable objects similar to those of the Agency and
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which is connected with the Anglican Church of Australia
within the province of Victoria or, if there is no such
organisation approved by the Archbishop in Council, to an
organisation the objects of which are or include charitable
objects for the relief of poverty and which is connected with
another Christian denomination.
PART 6—TRANSITIONAL
33. Members of the Council
(1) Despite anything to the contrary in this Constitution,
paragraph (g) of clause 6(2) has effect, until the date of the
annual general meeting of the Council in 2000, as if it
provided—
"(g) 6 persons, who are not employees of the Agency,
being 2 persons appointed for the purposes of this
provision before 1 July 1997 by each of the
unincorporated bodies;".
(2) If a member of the Council appointed under clause 6(2)(g)
as referred to in sub-clause (1) of this clause or under this
clause ceases to hold office before the expiration of the term
of appointment, the Archbishop in Council may appoint a
person to fill the vacancy for the remainder of the term of
office of the member or until resignation or otherwise
ceasing to hold office.
34. Members of the Board
(1) Despite anything to the contrary in this Constitution,
paragraph (b) of clause 14(2) has effect until the date of the
annual general meeting of the Council in 2000 as if it
provided—
"(b) 6 persons, being 2 persons appointed for the purposes
of this provision before 1 July 1997 by each of the
unincorporated bodies;".
(2) If a member of the Council appointed under clause 14(2)(b)
as referred to in sub-clause (1) of this clause or under this
clause ceases to hold office before the expiration of the term
of appointment, the Archbishop in Council may appoint a
person to fill the vacancy for the remainder of the term of
office of the member or until resignation or otherwise
ceasing to hold office.
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General Information
Minister's second reading speech—
Legislative Assembly: 10 April 1997
Legislative Council: 30 April 1997
The long title for the Bill for this Act was "relating to the Anglican Welfare
Agency and for other purposes."
The Anglican Welfare Agency Act 1997 was assented to on 20 May 1997
and came into operation as follows:
Part 1 on 20 May 1997: section 2(1);
Rest of Act on 1 July 1997: section 2(2).
Endnotes
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2. Table of Amendments
This Version incorporates amendments made to the Anglican Welfare
Agency Act 1997 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Transfer of Land (Single Register) Act 1998, No. 85/1998
Assent Date: 17.11.98
Commencement Date: S. 24(Sch. item 4) on 1.1.99: s. 2(3)
Current State: This information relates only to the provision/s
amending the Anglican Welfare Agency Act 1997
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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Act No. 23/1997
28
3. Explanatory Details
No entries at date of publication.
Endnotes