{"id":"anglican-church-of-australia-swanleigh-land-and-endowments-act-1979","name":"Anglican Church of Australia (Swanleigh land and endowments) Act 1979","slug":"anglican-church-of-australia-swanleigh-land-and-endowments-act-1979","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30013,"registerId":"wa-anglican-church-of-australia-swanleigh-land-and-endowments-act-1979-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Anglican Church of Australia (Swanleigh land and endowments) Act 1979","content":"![Crest]()Western Australia\n\nAnglican Church of Australia (Swanleigh land and endowments) Act 1979\n\n- **Reprinted under the *Reprints Act 1984* as**\n- **at 9 October 2015**\n\n\nWestern Australia\n\nAnglican Church of Australia (Swanleigh land and endowments) Act 1979\n\nContents\n\n1. Short title 1\n\n2. Old trusts replaced by new trusts 1\n\n3. New trusts and powers 2\n\nSchedule — Swanleigh lands\n\nPart 1 — Land to be used for hostel\n\nPart 2 — Land to be used for general ecclesiastical purposes\n\nNotes\n\nCompilation table 6\n\n  \n\n- Crest **Reprinted under the *Reprints Act 1984* as**\n- **at 9 October 2015**\n\n\nWestern Australia\n\nAnglican Church of Australia (Swanleigh land and endowments) Act 1979\n\nAn Act to make provision in relation to certain property at Swanleigh belonging to or held in trust for and on behalf of The Perth Diocesan Trustees, as to the use or disposal of such property and related endowments, and for other related purposes.\n\n##### 1. Short title\n\nThis Act may be cited as the *Anglican Church of Australia (Swanleigh land and endowments) Act 1979* 1.\n\n##### 2. Old trusts replaced by new trusts\n\n(1) Pursuant to the provisions of the *Anglican Church of Australia Lands Vesting Act 1892* 2, the proceeds of sale of certain lands affected by that Act were applied by the Diocesan Trustees to the erection of buildings and other improvements on portion of Swan Location 12 then vested in the Trustees and the purchase of certain other lots portion of Swan Location 12, all of which said lands are referred to in the Schedule to this Act, and by virtue of that Act the said lands are held by The Perth Diocesan Trustees upon and subject to trusts and uses relating to the establishment and conduct of an orphanage that are, by reason of changed circumstances, impossible, impracticable or inexpedient to carry out.\n\n(2) Pursuant to certain bequests and endowments, the investment of certain personal estate, and at the request of the Synod of the Diocese of Perth, The Perth Diocesan Trustees hold on trust certain moneys bequeathed for orphanage purposes, for the purposes of the trusts and uses relating to the orphanage referred to in subsection (1), bequeathed specifically to the Swan Boys’ Orphanage or the Swan Girls’ Orphanage (being names by which the said orphanage was known), and for purposes related thereto, all such purposes being purposes that are, by reason of changed circumstances, impossible, impracticable or inexpedient to carry out.\n\n(3) The Perth Diocesan Trustees, and the Synod of the Diocese of Perth, being desirous that the land, buildings and other improvements and the moneys, referred to in subsection (1) and subsection (2) should be utilised in a manner not inconsistent with the intent of the purposes of the trusts and uses which were intended to relate thereto, and the children for whose benefit such trusts and uses were intended to operate being provided for in other ways so that such land, buildings and improvements are no longer required for or deemed suitable for an orphanage, the said lands, buildings, improvements and moneys are by virtue of this provision of this Act freed and absolutely discharged from any trust, use, or condition affecting the same prior to the coming into operation of this Act and on and from the coming into operation of this Act shall be held by The Perth Diocesan Trustees subject to the provisions of section 3.\n\n##### 3. New trusts and powers\n\n(1) On and from the coming into operation of this Act —\n\n(a) The Perth Diocesan Trustees is authorised to use the land referred to in the Schedule Part 1, or such of that land as may be comprised within those boundaries after the operation of the provisions of paragraph (b), and the buildings or improvements erected thereon for the purposes of a hostel to be utilised for the accommodation of students attending a government educational institution; and\n\n(b) The Perth Diocesan Trustees and the Diocesan Council of the Diocese of Perth are authorised, in so far as that may be required by any town planning or other relevant authority, to adjust the boundary of the land referred to in the Schedule Part 1, or the boundary of any part or subdivision of that land; and\n\n(c) The Perth Diocesan Trustees is authorised, should at any time such land not be used for the purpose referred to in paragraph (a), to sell the whole or any part of the land referred to in the Schedule Part 1, and to transfer or otherwise assure the same to a purchaser freed and absolutely discharged from any trust, use, condition or obligation affecting the use of that land or any moneys derived therefrom, the proceeds of any such sale to be applied by the Trustees, after payment of all expenses of and incidental to the sale, as part of and for the purposes of the trust fund referred to in paragraph (e); and\n\n(d) The Perth Diocesan Trustees is authorised to hold and use the land referred to in the Schedule Part 2, and the proceeds of any sale thereof or of any part thereof, for general ecclesiastical purposes; and\n\n(e) The Perth Diocesan Trustees is authorised and required to hold as a trust fund the moneys referred to in section 2(2), and such moneys as may accrue thereto pursuant to paragraph (c) of this subsection, upon trust for use within the State for general child and family care purposes, including —\n\n(i) the care, maintenance, education and benefit of children orphaned, neglected, unwanted, destitute, socially deprived, or otherwise disadvantaged, in particular by means, where practicable, of arranging for and assisting in the care of such children in family homes as distinct from institutions; and\n\n(ii) the counselling, help and care of families who have difficulties, whether financial, social, or otherwise, in the proper maintenance, nurture, education and care generally of their children.\n\n(2) No purchaser of any lands sold under the provisions of this section is bound or concerned to inquire whether the power of sale was duly and regularly exercised, or to see to the application of any purchase moneys, or to inquire into the necessity, regularity or propriety of any sale or be affected by a notice that a sale is irregular, unnecessary or improper.\n\n[Section 3 amended: No. 19 of 2010 s. 8(2).]\n\nSchedule — Swanleigh lands\n\n[s. 2 and 3]\n\n[Heading inserted: No. 19 of 2010 s. 8(3).]\n\nPart 1 — Land to be used for hostel\n\n[Heading inserted: No. 19 of 2010 s. 8(3).]\n\nThose portions of Swan Locations 11 and 12 the subject of Certificate of Title Volume 1479 Folio 867, together comprising an area of 25.67 hectares, contained within the boundaries delineated by red and green lines respectively on the Plan marked “F.B. No. 150/1 File No. 59/28 Date 13.4.73.” prepared by P.G.S. Hope and Partners and tabled in Synod on 4 October 1976.\n\nPart 2 — Land to be used for general ecclesiastical purposes\n\n[Heading inserted: No. 19 of 2010 s. 8(4).]\n\n1. Those portions of Swan Locations 11 and 12 the subject of Certificate of Title Volume 1479 Folio 867 together with that portion of Swan Location 13 the subject of Certificate of Title Volume 1392 Folio 663, comprising an area of 12.72 hectares, contained within the boundaries delineated by blue lines on the Plan marked “F.B. No. 150/1 File No. 59/28 Date 13.4.73.” prepared by P.G.S. Hope and Partners and Tabled in Synod on 4 October 1976.\n\n2. Portion of Swan Location 12 and being Lot 1 the subject of Diagram 52804, being the whole of the land comprised in Certificate of Title Volume 1479 Folio 866.\n\n![dline]()\n\nNotes\n\n1 This reprint is a compilation as at 9 October 2015 of the *Anglican Church of Australia (Swanleigh land and endowments) Act 1979* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** | |\n| --- | --- | --- | --- | --- |\n| *Anglican Church of Australia (Swanleigh land and endowments) Act 1979* | 101 of 1979 | 17 Dec 1979 | 17 Dec 1979 |\n| **Reprint of the *Anglican Church of Australia (Swanleigh land and endowments) Act 1979* as at 3 May 2002** | | | |\n| *Standardisation of Formatting Act 2010* s. 8 | 19 of 2010 | 28 Jun 2010 | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) |\n| **Reprint 2: The *Anglican Church of Australia (Swanleigh land and endowments) Act 1979* as at 9 Oct 2015** (includes amendments listed above) | | | |\n\n\n2 Formerly referred to the *Church of England Lands Vesting Act 1892*, the short title of which was changed to the *Anglican Church of Australia Lands Vesting Act 1892* by the *Anglican Church of Australia Act 1976* s. 7. The reference was changed under the *Reprints Act 1984* s. 7(3)(gb).\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Converts land and funds formerly held for an orphanage (deemed impracticable) into new, broader uses: authorises a student hostel on Schedule Part 1 land, permits Part 2 land for general ecclesiastical purposes, and requires sale proceeds and endowments to be held for child and family care within the State. Grants sale and boundary‑adjustment powers to The Perth Diocesan Trustees and protects purchasers (see ss.2–3 and the Schedule)."},"complexity_factors":["Trust-law revesting: replaces historical orphanage trusts with new, specified trusts (ss.2–3)","Multiple authorised uses: distinct treatment for Part 1 (hostel) and Part 2 (ecclesiastical) lands (Schedule)","Discretion and powers to Trustees: power to sell land, hold proceeds, and alter boundaries for planning purposes (s.3)","Mandated application of proceeds and endowments to child and family care within the State—definitional and administrative scope for Trustees (s.3(1)(e))","Statutory protection for purchasers against inquiry into regularity of sale limits post-sale challenges (s.3(2))","Reliance on identified parcels in a Schedule and historical instruments increases need for title and plan checks (Schedule)","Low overall legislative length and few cross-references reduce navigational complexity"],"plain_english_summary":"It frees specified Swanleigh land and funds from the original orphanage trusts and re‑vests them in The Perth Diocesan Trustees under new trusts: part is authorised for a student hostel, part for general ecclesiastical use, and sale proceeds and existing endowments must be held for child and family care within Western Australia. The Act authorises boundary adjustments for planning, empowers sale with purchaser protections, and records that the change responds to orphanage purposes that became impracticable (ss.2–3)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: repurposing the specific Swanleigh orphanage lands and endowments. The 2010 amendment was purely technical (standardising formatting and inserting headings), not a substantive expansion. The Act has not grown beyond dealing with this discrete parcel of church property and its associated charitable funds."},"complexity_factors":["Very short statute—only 3 substantive sections plus a Schedule","Minimal defined terms (only standard references like 'The Perth Diocesan Trustees' and 'Synod')","No nested exceptions or complex conditional logic","Simple sequential structure: identify old trusts → discharge them → establish new trusts","Only one cross-reference (to the Anglican Church of Australia Lands Vesting Act 1892)","Schedule contains specific land descriptions using certificate of title references and survey plans, but these are standard conveyancing descriptions rather than legal complexity","Single amendment in 2010 was purely formatting/standardisation (section numbering and headings), not substantive"],"plain_english_summary":"This Western Australian law deals with a specific piece of church property called 'Swanleigh' that was originally set up as an orphanage in the late 1800s.\n\n**What the problem was:**\nBack in 1892, the Anglican Church in Perth received land and money specifically to run an orphanage for children at Swanleigh. By 1979, times had changed—orphanages were no longer the preferred way to care for children, and the children who would have lived there were being cared for through other means (like foster care and family support). This meant the original legal rules about how the land and money could be used had become outdated and impossible to follow.\n\n**What this law does:**\nThe Act frees up the old restrictions and creates new rules for how the property and money can be used:\n\n- **Part of the land** (about 25 hectares) can now be used as a **hostel for students** attending government schools. If it's not needed for that purpose, it can be sold, with the money going into a special trust fund.\n- **Another part of the land** (about 12 hectares) can be used for **general church purposes**.\n- **The money** that was originally meant for the orphanage must now be held in a trust fund and used for **modern child and family welfare**—specifically helping disadvantaged children (preferably by keeping them in family homes rather than institutions) and supporting struggling families with counselling and practical help.\n\n**Who it affects:**\n- The Perth Diocesan Trustees (the legal body that manages Anglican Church property in Perth)\n- The Anglican Diocese of Perth\n- Potentially, children and families who benefit from the re-directed charitable funds\n- Students who might use the hostel accommodation\n\n**Why it matters:**\nThis is an example of how the law adapts when charitable purposes become obsolete. Rather than letting money and land sit unused because the original 1890s purpose (running an orphanage) no longer makes sense, the legislation allows the church to redirect these resources toward similar but more modern charitable goals—while staying true to the original spirit of helping vulnerable children."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable from the provided source. The page has been removed from the Western Australian legislation website, likely due to a system migration."},"complexity_factors":["Legislation text is unavailable — the source URL returns a 404-style error page","Only the Act title and a broken link notice were provided","No substantive legal content exists in the provided material to analyse","Complexity score reflects the narrow, specific nature typical of single-purpose church property Acts from this era, not the inaccessible content itself"],"plain_english_summary":"This 1979 Western Australian Act concerns the Anglican Church of Australia’s “Swanleigh” property and its associated endowments. It would have authorized Parliament‑approved handling of Swanleigh land and funds—affecting the church, its beneficiaries and any trusts tied to the site—and matters because such transfers or restructuring typically require statutory approval."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/anglican-church-of-australia-swanleigh-land-and-endowments-act-1979","history":"/api/acts/anglican-church-of-australia-swanleigh-land-and-endowments-act-1979/history","analysis":"/api/acts/anglican-church-of-australia-swanleigh-land-and-endowments-act-1979/analysis","conflicts":"/api/acts/anglican-church-of-australia-swanleigh-land-and-endowments-act-1979/conflicts","importantCases":"/api/acts/anglican-church-of-australia-swanleigh-land-and-endowments-act-1979/important-cases","documents":"/api/acts/anglican-church-of-australia-swanleigh-land-and-endowments-act-1979/documents"}}