{"id":"adelaide-workers-homes-act-2013","name":"Adelaide Workers' Homes Act 2013","slug":"adelaide-workers-homes-act-2013","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31448,"registerId":"sa-adelaide-workers-homes-act-2013-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Adelaide Workers' Homes Act 2013","content":"South Australia\nAdelaide Workers' Homes Act 2013\nAn Act to provide for the Constitution of Adelaide Workers' Homes Incorporated.\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tName of Association\n5\tConstitution of Association\n6\tApplication of this Act\nSchedule 1—Constitution\n1\tInterpretation\n2\tPurpose of Association\n3\tPowers and functions\n4\tDetermination by trustees\n5\tRemuneration of trustees\n6\tProfessional services by trustees\n7\tLiability of trustee\n8\tResidence of trustee\n9\tNo entitlement to profit\n10\tDissolution\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Adelaide Workers' Homes Act 2013.\n2—Commencement\nThis Act will come into operation on a day to be fixed by proclamation.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nAssociation has the same meaning as in Schedule 1;\nIndenture has the same meaning as in Schedule 1.\n4—Name of Association\n\t(1)\tThe Adelaide Workmen's Homes Incorporated continues in existence as Adelaide Workers' Homes Incorporated.\n\t(2)\tSubsection (1) does not affect the Association's power to change its name in the future under any other law or under the Constitution of the Association.\n5—Constitution of Association\n\t(1)\tThe provisions set out in Schedule 1 will, on the commencement of this Act, be taken to be the Constitution of the Association (the Constitution).\n\t(2)\tThe Association is taken to have always had the powers and functions set out in the Constitution.\n\t(3)\tThe Association may vary the Constitution provided that the variation is not inconsistent with the objects of the Indenture.\n6—Application of this Act\n\t(1)\tThe provisions of this Act apply in addition to those of the Indenture and the Associations Incorporation Act 1985.\n\t(2)\tWhere a provision of this Act is inconsistent with a provision of the Indenture or of the Associations Incorporation Act 1985, this Act prevails to the extent of the inconsistency.\nSchedule 1—Constitution\n1—Interpretation\nIn this Schedule, unless the contrary intention appears—\naccommodation means living accommodation of all kinds including temporary or transitional accommodation;\nAssociation means Adelaide Workers' Homes Incorporated;\neligible person means any person who, in the opinion of the trustees, by reason of his or her financial circumstances or other special needs, should be assisted with the provision of appropriate accommodation and associated facilities and amenities, having regard to the purposes of the Association and to the proper and efficient use of the assets and income of the Association;\nGovernment means the Crown in the right of the Commonwealth or of the State of South Australia, and includes any Minister, instrumentality or administrative unit of the Crown in either of those rights;\nIndenture means the Deed of Trust set out in the Schedule to the Adelaide Workmen's Homes Incorporated Amendment Act 1933 as amended by that Act and further amended by the Adelaide Workmen's Homes Incorporated Amendment Act 1966;\ntrustees means the trustees for the time being appointed in the manner provided by the Indenture to administer the trusts of the Indenture.\n2—Purpose of Association\nThe purpose of the Association is to provide a range of accommodation and associated facilities and amenities throughout the State of South Australia for occupation by eligible persons being workers, former workers or their families.\n3—Powers and functions\nTo give effect to its purpose, the Association has the following powers and functions:\n\t(a)\tto acquire and dispose of any real or personal property, or any interest therein;\n\t(b)\tto solicit and receive donations and testamentary dispositions of money or any other real or personal property;\n\t(c)\tto enter into any joint ventures or projects with Government, any local government body, company or not‑for‑profit association where the Association contributes real or personal property, financial assistance or services to the venture or project;\n\t(d)\tto borrow moneys and provide such security for borrowed funds as the trustees consider appropriate;\n\t(e)\tto invest such of its funds as are not immediately required for its purpose in accordance with the powers and duties of a trustee under the Trustee Act 1936 with respect to the investment of the trust funds;\n\t(f)\tto let or sell any of the Association's real property to any eligible person on such terms as the trustees may determine;\n\t(g)\tto lend moneys or provide other financial assistance to any eligible person for the purchase of accommodation provided by or with the assistance of the Association;\n\t(h)\twith the concurrence of all of the trustees, to change the name of the Association at any time;\n\t(i)\tto do all ancillary or incidental things that are necessary or desirable to enable the Association to carry out its purpose.\n4—Determination by trustees\nIn determining—\n\t(a)\tany rent; or\n\t(b)\tthe terms and conditions of any tenancy; or\n\t(c)\tfinancial assistance granted to an eligible person,\nthe trustees must have regard (where relevant) to—\n\t(d)\tthe eligible person's means and ability to pay the rent or to discharge any other financial obligation to the Association; and\n\t(e)\tthe market rental value of the premises or the market value and the terms and conditions prevailing in the market with respect to any other kind of assistance provided by the Association; and\n\t(f)\tthe ongoing financial viability of the Association; and\n\t(g)\tany special needs of the eligible person; and\n\t(h)\tany other matter that is, in the opinion of the trustees, relevant to the particular case.\n5—Remuneration of trustees\n\t(1)\tThe Association may, after 1 January of each calendar year, by unanimous resolution of all trustees, appropriate an amount from the funds of the Association, as remuneration for services rendered by each trustee for the preceding calendar year, and pay the amount so appropriated to the trustees.\n\t(2)\tThe amount of any such remuneration is to be determined having regard to factors including—\n\t(a)\tfees paid for similar services provided by trustees or Board members of other like charitable bodies; and\n\t(b)\tthe amount of time and the degree of skill required in respect of the services provided by the trustees; and\n\t(c)\tthe ability of the Association to pay, in the ordinary course of its business, any proposed amount.\n6—Professional services by trustees\nA trustee is not precluded by reason only of holding office as a trustee from being engaged by the Association (either directly or indirectly via a firm of which the trustee is a member) to provide services to the Association in addition to any services rendered by the trustee as a trustee in the administration of the trusts by the Association and from receiving reasonable remuneration for those services.\n7—Liability of trustee\n\t(1)\tNo civil liability attaches to a trustee for an act or omission in good faith in the exercise, performance or discharge, or purported exercise, performance or discharge, of the trustee's or the Association's powers, functions or duties under the Indenture or this Act.\n\t(2)\tA liability that would, but for this clause, attach to a trustee attaches instead to the Association.\n8—Residence of trustee\nA person is not precluded from appointment as a trustee on the basis of that person's place of residence if that person is ordinarily resident in the State.\n9—No entitlement to profit\nThe assets and the income of the Association must be applied solely in furtherance of the purpose set out in clause 2 and none of the assets or income may be distributed, directly or indirectly, or applied for the benefit of any person or entity except—\n\t(a)\tan eligible person; or\n\t(b)\tthe trustees in accordance with the provisions of clause 5; or\n\t(c)\ta person receiving the asset or income as bona fide payment for services rendered or expenses incurred by or on behalf of the Association (including, without limitation, any payments authorised under clause 6).\n10—Dissolution\nIn the event that the Association is wound up for any reason, any surplus assets remaining after payment of the Association's liabilities must be transferred to another organisation within Australia—\n\t(a)\tthat has been declared to be, or is otherwise recognised, as a public benevolent institution for the purposes of any then applicable Commonwealth taxation Act; and\n\t(b)\tthat the trustees, in their discretion, have determined to have objects or purposes that are as close as possible to the purposes of the Association.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n2013\n19\nAdelaide Workers' Homes Act 2013 \n14.6.2013\n4.7.2013 (Gazette 4.7.2013 p2969)\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose. It is a re-enactment and modernisation of the Adelaide Workmen's Homes arrangements dating back to 1933. The 2013 Act does not expand the organisation's purpose beyond providing housing for workers and their families; rather, it updates the governance framework (trustee protections, remuneration, dissolution rules) while preserving the original charitable intent established by the 1933 Indenture."},"complexity_factors":["Short statute with only 6 main sections plus a Schedule containing 10 clauses","Minimal cross-referencing — primarily refers to the 'Indenture' (a 1933 trust deed) and the Associations Incorporation Act 1985","Only 6 defined terms in the main Act, 5 in the Schedule","Straightforward conditional logic — mostly 'may' powers rather than complex mandatory requirements","Single layer of exceptions (clause 9 has three straightforward exceptions to the no-profit rule)","No nested definitions or recursive cross-references","Clear hierarchical structure with purpose clause guiding interpretation"],"plain_english_summary":"This law sets up and governs **Adelaide Workers' Homes Incorporated**, a South Australian charity that provides affordable housing for workers and their families who are struggling financially.\n\n**What it does:**\n- **Renames and continues** an older organisation (formerly called 'Adelaide Workmen's Homes Incorporated') and gives it a modern legal structure\n- **Sets the rules** for how the organisation operates, including what it can do (buy property, borrow money, partner with government, provide financial help to tenants) and who can benefit from it\n- **Defines who qualifies for help**: People who, in the trustees' opinion, need assistance with housing due to their financial situation or other special needs\n- **Protects trustees**: People running the organisation are shielded from personal legal liability when acting in good faith, and they can be paid reasonable fees for their work or for professional services they provide\n- **Locks in the charitable purpose**: Any money left over if the organisation closes must go to another similar charity, not to individuals\n\n**Who it affects:**\n- Low-income workers and their families in South Australia who need affordable housing\n- The trustees (board members) who manage the organisation\n- Government and other housing partners who work with the organisation\n\n**Why it matters:**\nThis is a **statutory charity** — an organisation created by Parliament specifically to address housing affordability for working people. Unlike ordinary community groups, its founding document is an Act of Parliament, which gives it special status and protections. The law ensures the organisation stays focused on its social purpose rather than making profits, while giving it enough flexibility to operate like a modern not-for-profit (borrowing money, entering joint ventures, paying trustees appropriately)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was returned. The submission contained only a website error page from the SA legislation database, not the content of the Adelaide Workers' Homes Act 2013."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual Act","Score of 1 reflects the absence of content to analyse, not the simplicity of the underlying law"],"plain_english_summary":"**No legislation could be retrieved.** The link provided for the *Adelaide Workers' Homes Act 2013* (South Australia) returned a \"Page Not Found\" error from the SA legislation website. This appears to be a broken or outdated hyperlink, possibly affected by a website migration that occurred around **24 March 2026**.\n\n**What this means for you:** No analysis of the actual law can be provided because the text of the legislation was not accessible. If you need to find this Act, try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and searching for the Act by name\n- Emailing the SA Office of Parliamentary Counsel at OPCWeb@sa.gov.au\n- Checking whether the Act has been repealed, renamed, or consolidated into another piece of legislation"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act primarily codifies and restates the Association's constitution and historic powers, preserving its stated purpose to provide worker accommodation (Sch1 cl2) and declaring the Schedule to be the Constitution (s 5(1)). It does, however, clarify legal relationships by specifying that this Act applies in addition to, and prevails over, inconsistent provisions of the Indenture and the Associations Incorporation Act 1985 (s 6(1)–(2)), and by formalising trustee powers, remuneration and liability allocation (Sch1 cl3–7). These are clarifications rather than a substantive change to the Association's stated scope."},"complexity_factors":["Cross-references to historical Indenture and to the Associations Incorporation Act 1985 create layered legal sources (see ss 3, 5(3), 6).","Broad trustee discretion in determining eligibility, rents and assistance (Sch1 cl1 definition of eligible person; cl4(d),(h)).","Trustee immunity shifts civil liability to the Association (Sch1 cl7), raising insurer/financial-reserve and governance implications.","Remuneration and some actions require unanimous trustee agreement (Sch1 cl5(1), cl3(h)), concentrating decision rules.","Investment powers tie to Trustee Act 1936 standards (Sch1 cl3(e)), importing trustee duty and prudential tests.","Dissolution transfers require recipient organisations to meet Commonwealth taxation recognition as public benevolent institutions (Sch1 cl10), linking state law to federal tax status.","Permitted professional services by trustees (Sch1 cl6) raise conflict-of-interest and procurement-compliance considerations.","Commencement by proclamation (s 2) and the Act’s prevailing effect over inconsistent provisions (s 6(2)) affect transition and interpretive complexity."],"plain_english_summary":"Mechanically, the Act makes the Schedule the formal constitution of Adelaide Workers' Homes Incorporated, confirms the association's ongoing existence and sets its purpose, powers and governance for providing worker accommodation across South Australia. It affects the Association, its trustees and eligible residents by specifying property, borrowing, investment and tenancy powers, trustee discretion on rents and assistance (Sch1 cl3–4), trustee remuneration and immunity (Sch1 cl5–7), and rules for asset use and winding-up (Sch1 cl9–10). Who pays: eligible persons and the Association's funds; who decides: trustees."}},"importantCases":[],"_links":{"self":"/api/acts/adelaide-workers-homes-act-2013","history":"/api/acts/adelaide-workers-homes-act-2013/history","analysis":"/api/acts/adelaide-workers-homes-act-2013/analysis","conflicts":"/api/acts/adelaide-workers-homes-act-2013/conflicts","importantCases":"/api/acts/adelaide-workers-homes-act-2013/important-cases","documents":"/api/acts/adelaide-workers-homes-act-2013/documents"}}