{"id":"church-of-england-diocesan-trustees-and-lands-act-1918","name":"Church of England Diocesan Trustees and Lands Act 1918","slug":"church-of-england-diocesan-trustees-and-lands-act-1918","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30207,"registerId":"wa-church-of-england-diocesan-trustees-and-lands-act-1918-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Church of England Diocesan Trustees and Lands Act 1918","content":"![Crest]()Western Australia\n\nAnglican Church of Australia Diocesan Trustees and Lands Act 1918\n\n- **Reprinted under the *Reprints Act 1984* as**\n- **at 4 September 2015**\n\n\nWestern Australia\n\nAnglican Church of Australia Diocesan Trustees and Lands Act 1918\n\nContents\n\n1. Short title 2\n\n2. Dissolution of incorporation of Bunbury and Kalgoorlie Trustees under 1895 Act 2\n\n3. Incorporation of Bunbury Diocesan Trustees 2\n\n4. Incorporation of Kalgoorlie Diocesan Trustees 3\n\n5. Incorporation of Northern Diocese Trustees 3\n\n6. Common seals 3\n\n7. Perth Diocesan Trustees’ powers as to lands extended 3\n\n8. *Anglican Church of Australia (Diocesan Trustees) Act 1888* to apply to new dioceses 4\n\n10. *Anglican Church of Australia Lands Act 1914* to apply to new dioceses 4\n\n11. Change of name of “The Diocesan Trustees of the Church of England in Western Australia” 4\n\n12. Transfer of property to Bunbury and Kalgoorlie Trustees authorised and confirmed 5\n\n13. Bunbury Trustees may sell etc. certain lands free from trusts 5\n\n14. Protection of purchasers and others 6\n\nNotes\n\nCompilation table 8\n\n  \n\n- Crest **Reprinted under the *Reprints Act 1984* as**\n- **at 4 September 2015**\n\n\nWestern Australia\n\nAnglican Church of Australia Diocesan Trustees and Lands Act 1918\n\nAn Act to amend the Act of the Legislative Council 52 Victoria, No. 2 2, and the *Church of England Lands Act 1914*3, and to incorporate the Trustees of the Bunbury, Kalgoorlie, and Northern Dioceses of the Church of England in Western Australia 4, and for other purposes.\n\nPreamble\n\nWhereas at the time of the passing of the Act of the Legislative Council 52 Victoria, No. 2 2, there was but one Diocese of the Church of England in Western Australia 4 embracing the whole of the State: And whereas the State is now divided into 4 Dioceses, namely, the Dioceses of Perth, Bunbury, and Kalgoorlie, and the Northern Diocese: And whereas, by the several Statutes of the Synod of the Diocese of Perth providing for the constitution of the Dioceses of Bunbury and Kalgoorlie, and the Northern Diocese respectively, it was resolved and agreed that certain lands within the boundaries of the Dioceses of Bunbury and Kalgoorlie respectively should, in certain events, which have happened, be vested in the Trustees to be appointed for those Dioceses, and that certain lands within the boundaries of the Northern Diocese should be held by the Diocesan Trustees of the Diocese of Perth in trust for the Northern Diocese until such time as Diocesan Trustees for the Northern Diocese should have been elected and incorporated: And whereas trustees have been duly appointed for the Dioceses of Bunbury and Kalgoorlie respectively, and incorporated under the provisions of the *Associations Incorporation Act 1895* 5, but no trustees have been yet appointed or elected for the Northern Diocese: And whereas doubts have arisen as to the legality of the incorporation of such trustees under the said Act, and the respective Synods of the said Dioceses of Bunbury and Kalgoorlie are desirous of obtaining a dissolution of the incorporation of their respective Trustees under the said *Associations Incorporations Act 1895* 5, and to have such Trustee incorporated under this Act:\n\nBe it therefore enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: —\n\n##### 1. Short title\n\nThis Act may be cited as the *Anglican Church of Australia Diocesan Trustees and Lands Act 1918* 1.\n\n[Section 1 amended: No. 121 of 1976 s. 7.]\n\n##### 2. Dissolution of incorporation of Bunbury and Kalgoorlie Trustees under 1895 Act\n\nThe incorporation of the Bunbury Diocesan Trustees and the Kalgoorlie Diocesan Trustees effected under the *Associations Incorporation Act 1895* 5, is hereby dissolved: Provided that any and every deed, contract, agreement, act, matter, or thing heretofore executed or done by such trustees as a corporation under the said Act shall have and take effect as if such corporation had been regular and in accordance with the said Act.\n\n##### 3. Incorporation of Bunbury Diocesan Trustees\n\nThe trustees appointed by the Synod of the Diocese of Bunbury and their successors in office to be appointed from time to time in accordance with the provisions of any Statute of the Synod of the said Diocese shall be and are hereby constituted a Corporation by the name and style of “The Bunbury Diocesan Trustees”.\n\n##### 4. Incorporation of Kalgoorlie Diocesan Trustees\n\nThe trustees appointed by the Synod of the Diocese of Kalgoorlie and their successors in office to be appointed from time to time in accordance with the provisions of any Statute of the Synod of the said Diocese shall be and are hereby constituted a Corporation by the name and style of “The Kalgoorlie Diocesan Trustees”.\n\n##### 5. Incorporation of Northern Diocese Trustees\n\nThe trustees to be elected by the Synod of the Northern Diocese, when such Diocese is organised with a Synod, and their successors in office to be appointed from time to time in accordance with the provisions of any Statute of the Synod of the said Diocese shall be and are hereby constituted a Corporation by the name and style of “The Trustees of the Northern Diocese” 6.\n\n##### 6. Common seals\n\nEvery body of trustees incorporated by this Act shall, by its corporate name, have perpetual succession and a common seal to be by them from time to time altered as they may think fit, and by that name may sue and be sued.\n\n##### 7. Perth Diocesan Trustees’ powers as to lands extended\n\n(a) Section 2 of the Act 52 Victoria, No. 2 2, is hereby amended by inserting in the 26th line thereof, after the word “property”, the words following “or for the purpose of redeeming any mortgage or other security or charge or any part thereof respectively upon any lands or other property vested in the said trustees”.\n\n(b) The power of demising lands vested in the Diocesan Trustees of the Church of England in Western Australia 7 by the said Act shall include the power to grant building or repairing leases in possession or reversion for any term and upon and subject to such stipulations covenants and conditions as they may think fit, and with or without an option of purchase, but subject to any trust affecting the land, and subject in all respects to the Statutes, orders, directions, and regulations of Synod.\n\n##### 8. *Anglican Church of Australia (Diocesan Trustees) Act 1888* to apply to new dioceses\n\nEvery body of trustees incorporated by this Act shall have and enjoy and may exercise all the like powers and authorities as are conferred by the said Act, 52 Victoria, No. 2 2, as amended by this Act upon the Diocesan Trustees of the Church of England in Western Australia 7, but subject in all respects to all and every liability, trust, and obligation affecting any real and personal estate vested in the said trustees, and subject also to the Statutes, orders, directions, and regulations of the Synod of the Diocese.\n\n[**9.** Omitted under the Reprints Act 1984 s. 7(4)(e).]\n\n##### 10. *Anglican Church of Australia Lands Act 1914* to apply to new dioceses\n\nSubject to any Statutes of the Synod of the Diocese the trustees thereof hereby incorporated shall have and may exercise in respect of lands granted by the Crown and vested in them the powers conferred by the *Anglican Church of Australia Lands Act 1914* 8, on the Diocesan Trustees of the Church of England in Western Australia 7, and all other the provisions of the said Act as amended by this Act shall apply to such lands.\n\n[Section 10 amended: No. 121 of 1976 s. 7.]\n\n##### 11. Change of name of “The Diocesan Trustees of the Church of England in Western Australia”\n\nThe name and style of the corporation constituted by the said Act, 52 Victoria, No. 2 2, namely, “The Diocesan Trustees of the Church of England in Western Australia”, shall henceforth be “The Perth Diocesan Trustees”, and all references in any Act of Parliament, Statute of Synod, deed, document, or writing of any kind to “The Diocesan Trustees of the Church of England in Western Australia”, shall be deemed and construed to be to “The Perth Diocesan Trustees”. And such change of name shall be registered and noted under the *Transfer of Land Act 1893* and the *Registration of Deeds Act 1856*, as the case may require, and on every certificate of title and other registered document affecting land in the name of the corporation free of charge.\n\n[Section 11 amended: No. 60 of 2006 s. 123.]\n\n##### 12. Transfer of property to Bunbury and Kalgoorlie Trustees authorised and confirmed\n\nThe Perth Diocesan Trustees may transfer and assure to the trustees of the respective Dioceses of Bunbury and Kalgoorlie, in their corporate name, all such real and personal estate as may have been or may hereafter be directed to be transferred to them respectively by any Statute of the Perth Diocesan Synod, and all conveyances, transfers, assignments, or other assurances of real or personal property already made and executed in pursuance of any Statute of the Perth Diocesan Synod by the Diocesan Trustees of the Church of England in Western Australia 7, to or for the use or benefit of the Bunbury Diocesan Trustees or the Kalgoorlie Diocesan Trustees, are hereby validated and confirmed, and shall vest in and be held by such trustees respectively in their corporate names as constituted by this Act, and “The Perth Diocesan Trustees” are hereby empowered to convey, transfer, assign, or otherwise assure to the trustees of the Northern Diocese in their corporate name, all such real and personal property as by virtue of any Statute of the Synod of the Diocese of Perth is to be transferred to the said Northern Diocese.\n\n##### 13. Bunbury Trustees may sell etc. certain lands free from trusts\n\n(1) The Bunbury Diocesan Trustees are hereby authorised and empowered, with the consent and subject to any statute of the Synod, to exercise any of the following powers in relation to the lands known as “Bunbury Building Lots, Nos. 221 and 298”, situate in the local government district of Bunbury.\n\n(a) To sell the said lands or any portion thereof with the buildings thereon, and to transfer or otherwise assure the same to a purchaser or purchasers freed and absolutely discharged from any trusts to which the said lands or any portion thereof may be subject whether declared by deed or otherwise.\n\n(b) To mortgage such lands or any portion thereof, and for the purpose of any security to assure the same to the mortgagee, freed and discharged from any such trusts as aforesaid.\n\n(c) To lease such lands or any portion thereof, notwithstanding such trusts for any term with or without a right of renewal or option of purchase and by way of building or improvement lease or otherwise, and subject to such covenants, conditions, and agreements as they may think fit.\n\n(2) The net moneys raised on the security, or by the sale of the said lands or any part thereof, shall be applied for or towards the building of a church in Bunbury, and a minister’s residence and other buildings in connection with such church or residence or for or towards the maintenance and repair of any such buildings or for or towards the endowment of the Cathedral as the Bunbury Diocesan Trustees may approve and direct.\n\n[Section 13 amended: No. 56 of 1956 s. 2; No. 14 of 1996 s. 4.]\n\n##### 14. Protection of purchasers and others\n\nNo purchaser, mortgagee, or lessee of any such lands shall be bound or concerned to inquire whether any power of sale, mortgage, or lease was duly and regularly made or exercised, or in anywise to see to the application of any purchase, mortgage, or other moneys, or to inquire into the necessity, regularity, or propriety of any such sale, mortgage, or lease, or be affected by notice that the same is or are irregular, unnecessary, or improper.\n\n![dline]()\n\nNotes\n\n1 This reprint is a compilation as at 4 September 2015 of the *Anglican Church of Australia Diocesan Trustees and Lands Act 1918* 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| *Church of England Diocesan Trustees and Lands Act 1918* 9 | 34 of 1918 (9 Geo. V No. 24) | 24 Dec 1918 | 24 Dec 1918 |\n| *Church of England Diocesan Trustees and Lands Act Amendment Act 1956* | 56 of 1956 (5 Eliz. II No. 56) | 27 Dec 1956 | 27 Dec 1956 |\n| *Anglican Church of Australia Act 1976* s. 7 10 | 121 of 1976 | 1 Dec 1976 | 24 Aug 1981 (see s. 2(2) and *Gazette* 30 Jan 1981 p. 441) |\n| *Local Government (Consequential Amendments) Act 1996* s. 4 | 14 of 1996 | 28 Jun 1996 | 1 Jul 1996 (see s. 2) |\n| **Reprint of the *Anglican Church of Australia Diocesan Trustees and Lands Act 1918* as at 3 May 2002** (includes amendments listed above) | | | |\n| *Land Information Authority Act 2006* s. 123 | 60 of 2006 | 16 Nov 2006 | 1 Jan 2007 (see s. 2(1) and *Gazette* 8 Dec 2006 p. 5369) |\n| **Reprint 2: The *Anglican Church of Australia Diocesan Trustees and Lands Act 1918* as at 4 Sep 2015** (includes amendments listed above) | | | |\n\n\n2 52 Vict. No. 2 (1888). Now known as the *Anglican Church of Australia (Diocesan Trustees) Act 1888.*\n\n3 Now known as the *Anglican Church of Australia Lands Act 1914*.\n\n4 Under the *Anglican Church of Australia Constitution Act 1960* s. 5 a reference to “the Church of England in Western Australia” shall be construed as a reference to the “Church of England in Australia so far as it is in the State”. The name of the “Church of England” was changed to the “Anglican Church of Australia” by the *Anglican Church of Australia Act 1976* s. 7. This reference to the former name has not been changed due to its context.\n\n5 Repealed by the *Associations Incorporation Act 1987* s. 47.\n\n6 Under the *Anglican Church of Australia (Diocese of North West Australia) Act 1961* s. 5(2) a reference in any law of the State to The Trustees of the Northern Diocese shall be read as a reference to The Trustees of the Diocese of North West Australia.\n\n7 The name of this body is changed to “The Perth Diocesan Trustees” by s. 11 of this Act. This reference has not been changed due to its context.\n\n8 Formerly referred to the *Church of England Lands Act 1914* the short title of which was changed to *Anglican Church of Australia Lands Act 1914* by the *Anglican Church of Australia Act 1976* s. 7. The reference was changed under the *Reprints Act 1984* s. 7(3)(gb).\n\n9 Now known as the *Anglican Church of Australia Diocesan Trustees and Lands Act 1918*; short title changed (see note under s. 1).\n\n10 Th*e Anglican Church of Australia Act 1976* s. 5 was a savings provision that is of no further effect.\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act’s core purpose — to create diocesan trustee corporations and set out their land powers — remains the same as in 1918. However, subsequent amendments and specific provisions broadened and clarified operational scope in discrete ways: (a) validation and administrative changes (dissolving prior incorporations and confirming past transfers) removed procedural barriers and extended legal certainty for past acts (s. 2, s. 12); (b) the statute was amended to permit Bunbury trustees to discharge trusts over particular lots and apply proceeds to defined church purposes (s. 13) — a substantive expansion of disposal power in favour of that diocese; and (c) later renaming and registration provisions adjusted administrative mechanics for land title purposes (s. 11 and notes). Those changes do not repurpose the Act but do extend trustees’ practical abilities to alienate and encumber land and to insulate third-party dealings. In sum: the scope has been modestly expanded from pure incorporation/validation to include specific powers to free particular land from trusts and clearer transactional protections for purchasers (ss. 13–14)."},"complexity_factors":["Short statute (14 sections) but with multiple cross‑references to older Acts (Anglican Church of Australia (Diocesan Trustees) Act 1888; Anglican Church of Australia Lands Act 1914; Associations Incorporation Act 1895; Transfer of Land Act 1893; Registration of Deeds Act 1856)","Several subject-to clauses making powers conditional on Synod statutes and existing trusts (ss. 7, 8, 10, 13)","Specific validation clauses for prior corporate acts and property transfers that create potential legal length in historical inquiry (ss. 2, 12)","A targeted exception (s. 13) discharging trusts for identified Bunbury lots and prescribing application of proceeds — an example of a narrow but concrete substantive carve‑out","Protective clause for third parties (s. 14) that alters ordinary due‑diligence rules and affects transaction risk allocation","Multiple later amendments and name changes noted in compilation/notes, increasing interpretive steps when tracing current effect"],"plain_english_summary":"The Act creates separate incorporated diocesan trustee bodies for Bunbury, Kalgoorlie and the Northern Diocese, renames Perth’s trustees, and validates earlier incorporations and transfers. It clarifies and expands trustees’ land powers (sales, mortgages, leases, transfers of property between dioceses) while keeping those powers subject to Synod rules. Third‑party purchasers, mortgagees and lessees are protected from investigating trustees’ internal approvals, but some trust protections (notably two Bunbury lots) may be discharged, affecting beneficiaries."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing corporate structures for Anglican diocesan trustees and facilitating property management across Western Australia's Anglican dioceses. While amendments have updated nomenclature (changing 'Church of England' to 'Anglican Church of Australia') and modernised references to other statutes, the core scope has not expanded beyond ecclesiastical property management for the four WA dioceses."},"complexity_factors":["Short statute with only 14 operative sections (one omitted in reprint)","Minimal defined terms—relies on external references to church synod statutes and earlier Acts","Straightforward sequential structure without nested exceptions","Heavy reliance on cross-references to other legislation (Anglican Church of Australia (Diocesan Trustees) Act 1888, Anglican Church of Australia Lands Act 1914, Associations Incorporation Act 1895)","Some conditional logic regarding Northern Diocese trustees ('when such Diocese is organised with a Synod')","Specific historical provisions regarding particular land parcels (Bunbury Building Lots 221 and 298) that limit general applicability"],"plain_english_summary":"This Western Australian law from 1918 sets up the legal structure for managing property owned by the Anglican Church across the state. Back when Western Australia had just one Anglican diocese (region), there was only one group of trustees handling church land. But as the state grew, it split into four separate dioceses—Perth, Bunbury, Kalgoorlie, and the Northern Diocese—each needing its own trustees to manage local church property.\n\n**What the law does:**\n\n*   **Creates separate corporations** (legal bodies) for the trustees of Bunbury, Kalgoorlie, and the Northern Diocese, giving them the power to own land, sign contracts, and sue or be sued in their own names.\n*   **Fixes a legal hiccup** by dissolving the earlier incorporation of Bunbury and Kalgoorlie trustees under a different law (the Associations Incorporation Act 1895), which had become legally doubtful, and re-incorporating them properly under this Act.\n*   **Renames the original Perth trustees** from \"The Diocesan Trustees of the Church of England in Western Australia\" to \"The Perth Diocesan Trustees\" to avoid confusion.\n*   **Extends powers** for all diocesan trustees to manage church land—including selling, leasing, mortgaging, and redeeming securities—while remaining subject to the rules of their respective church synods (governing bodies).\n*   **Validates past transfers** of property from Perth to the newer dioceses, and specifically allows Bunbury trustees to sell certain designated land in Bunbury free from previous restrictions, with proceeds going toward church buildings and the cathedral endowment.\n*   **Protects buyers** by ensuring that people purchasing, leasing, or lending money against church land don't have to investigate whether the trustees followed all internal church procedures properly.\n\n**Who it affects:**\n\n*   The Anglican Church of Australia (formerly Church of England) in Western Australia and its four dioceses.\n*   Anyone buying, leasing, or lending money secured against Anglican church property in WA.\n\n**Why it matters:**\n\nWithout this law, the Anglican Church couldn't effectively own or manage property across Western Australia's vast distances. It ensures each regional diocese can control its own assets while maintaining clear legal protections for people dealing with church property."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not accessible. No comparison between original intent and current provisions is possible."},"complexity_factors":["Legislation text was entirely unavailable — only a page-not-found error was returned","No substantive legal content could be assessed","Complexity score is a minimum placeholder due to complete absence of analysable material","Historical legislation from 1918 may contain archaic legal language and structures if retrieved"],"plain_english_summary":"## Church of England Diocesan Trustees and Lands Act 1918 (WA)\n\n**⚠️ Content Unavailable**\n\nThe actual text of this Western Australian legislation could not be retrieved — the source page no longer exists on the WA legislation website due to system upgrades.\n\n**What we can infer from the title:**\n- This is a **Western Australian Act** dating from **1918**\n- It likely deals with the legal powers of **trustees** (people appointed to manage property on behalf of others) for the **Anglican Diocese** (Church of England's regional administrative area) in Western Australia\n- It probably governs how church-owned **land and property** can be held, managed, bought, sold, or transferred\n- Laws like this were common in the early 20th century to give religious organisations formal legal standing to own property as a group\n\n**Who it may affect:**\n- The Anglican Church of Western Australia and its diocese\n- Trustees appointed to manage Anglican Church property\n- Anyone dealing with land or property connected to the Anglican Diocese in WA\n\n**Note:** A full and accurate analysis is not possible without access to the legislation's actual text. Please visit the WA Parliamentary Counsel's Office website directly or contact their helpdesk to locate the current version."}},"importantCases":[],"_links":{"self":"/api/acts/church-of-england-diocesan-trustees-and-lands-act-1918","history":"/api/acts/church-of-england-diocesan-trustees-and-lands-act-1918/history","analysis":"/api/acts/church-of-england-diocesan-trustees-and-lands-act-1918/analysis","conflicts":"/api/acts/church-of-england-diocesan-trustees-and-lands-act-1918/conflicts","importantCases":"/api/acts/church-of-england-diocesan-trustees-and-lands-act-1918/important-cases","documents":"/api/acts/church-of-england-diocesan-trustees-and-lands-act-1918/documents"}}