{"id":"da-costa-samaritan-fund-incorporation-of-trustees-act-1953","name":"Da Costa Samaritan Fund (Incorporation of Trustees) Act 1953","slug":"da-costa-samaritan-fund-incorporation-of-trustees-act-1953","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31884,"registerId":"sa-da-costa-samaritan-fund-incorporation-of-trustees-act-1953-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Da Costa Samaritan Fund (Incorporation of Trustees) Act 1953","content":"South Australia\nDa Costa Samaritan Fund (Incorporation of Trustees) Act 1953\nAn Act to incorporate the trustees of the Da Costa Samaritan Fund, and for other purposes.\n\nContents\n1\tShort title\n2\tInterpretation\n3\tIncorporation\n4\tTrustees\n5\tVacancies\n6\tFilling of vacancies\n7\tQuorum and majority decision\n8\tChairman\n9\tMeetings\n10\tMinutes\n11\tProcedure\n12\tRemuneration\n13\tAccounts\n14\tAudit\n15\tValidity of proceedings\n16\tOfficers\n17\tContracts\n18\tTransfer and conveyance of property to trust\n19\tTrusts\n19A\tValidation\n20\tBanking of income\n21\tManagement of trust property\n22\tInvestment\n23\tInvestment of income\n24\tGifts\n25\tAdvice and directions\n26\tRules\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Da Costa Samaritan Fund (Incorporation of Trustees) Act 1953.\n2—Interpretation\nIn this Act, unless inconsistent with the context or some other meaning is clearly intended—\nthe trust means the Da Costa Samaritan Fund Trust as incorporated by this Act;\nthe Trust Deed means the Indenture made on the fourteenth day of September, 1898, between His Excellency Sir Thomas Fowell Buxton of the one part and Sir John Colton, William Gilbert, and Maurice Salom of the other part whereby certain property therein mentioned was settled on certain trusts named therein, of which indenture a memorial was registered in the General Registry Office on the tenth day of January, 1899, and bears the number 246 in Book 436;\nthe trustees means the trustees of the trust under this Act;\nthe trust property means the property transferred, conveyed, and assigned to the trust by virtue of section 18 of this Act and any property which may be acquired by the trust after the passing of this Act.\n3—Incorporation\n\t(1)\tThere shall be constituted a body to be known as the Da Costa Samaritan Fund Trust.\n\t(2)\tThe trust shall be a body corporate with perpetual succession and a common seal, and shall have power to hold property of all kinds.\n\t(3)\tAll courts, judges, and persons acting judicially shall take judicial notice of such seal when affixed to any instrument and shall, until the contrary is proved, assume that the seal was properly affixed to the instrument.\n4—Trustees\n\t(1)\tThere shall be not less than three trustees.\n\t(2)\tThe first trustees shall be Robert Moore Steele, Charles Edward Spiller, and Harold Tom Young.\n\t(3)\tThe trust may at any time appoint additional trustees: Provided that no appointment of an additional trustee shall take effect until the Governor shall have approved thereof in writing.\n5—Vacancies\n\t(1)\tThe office of a trustee shall be vacant where the trustee—\n\t(a)\tdies;\n\t(b)\tresigns by notice in writing to the trust;\n\t(c)\tceases to reside in the State;\n\t(d)\tabsents himself without permission of the trust from four consecutive meetings of the trust and is declared by resolution of the trust to have forfeited his seat;\n\t(e)\tis removed from office by the Governor pursuant to this section.\n\t(2)\tThe Governor may remove any trustee from office for neglect of duty, incapacity to perform his duties, dishonourable conduct, or other cause deemed sufficient by the Governor.\n6—Filling of vacancies\n\t(1)\tSubject to subsection (3) of this section where any vacancy occurs in the office of a trustee, the trust, or if there are less than two surviving or continuing trustees, the surviving or continuing trustee or the executors or administrators of the last surviving trustee shall appoint a person to fill the vacancy; Provided that no such appointment shall take effect until the Governor shall have approved thereof in writing.\n\t(2)\tIf for any reason a vacancy is not filled within three months of the occurrence of the vacancy, the Governor may appoint a person to fill the vacancy.\n\t(3)\tWhere there are at least three surviving or continuing trustees it shall not be necessary to fill a vacancy.\n7—Quorum and majority decision\n\t(1)\tA majority of the trustees shall form a quorum for the transaction of the business of the trust.\n\t(2)\tEvery matter coming before the trust shall be decided by the votes of a majority of the trustees present at a duly convened meeting of the trust.\n\t(3)\tIf at a meeting where only two trustees are present the voting on any question is equal, the matter in issue shall be postponed to a meeting at which at least three trustees are present.\n8—Chairman\n\t(1)\tThe trust shall elect one of the trustees to be chairman, and such chairman shall hold office for so long as the trust shall at the time of his election or subsequently from time to time determine.\n\t(2)\tThe chairman shall preside at meetings of the trust or in his absence a trustee chosen by the trust.\n9—Meetings\nSubject to any rules made by the trust, all meetings of the trust shall be convened by such person and held at such time and place as the trust determines.\n10—Minutes\nThe trust shall cause minutes to be kept of the proceedings at all meetings of the trust.\n11—Procedure\nSubject to this Act and any rules made by the trust, the trust may regulate its own procedure.\n12—Remuneration\n\t(1)\tThe trustees shall be paid out of the trust property by way of remuneration for their services the sum of sixty pounds per annum or such other sum as may be allowed from time to time by the Supreme Court or a judge thereof, and that sum shall be divided between them in such manner as they shall agree, or if they fail to agree, equally.\n\t(2)\tThe trustees may apply to the Supreme Court or a judge thereof for commission or other remuneration to be paid out of the trust property as though they were unincorporated trustees, and the Supreme Court shall have the same power to order such commissions or remuneration to be paid to the trustees as it would have if they were unincorporated trustees.\n13—Accounts\nThe trust shall keep proper books and accounts and shall prepare in each year a statement of its income and expenditure and a balance sheet.\n14—Audit\n\t(1)\tThe accounts of the trust shall be audited annually by a registered company auditor within the meaning of the Companies Act 1962 and approved by the Chief Secretary.\n\t(2)\tThe trust and every officer thereof shall make the books and accounts of the trust available to the auditor so approved for the purpose of audit and shall furnish the auditor so approved with all other facilities and information which he reasonably requires for the purpose of the audit.\n\t(3)\tThe auditor so approved shall—\n\t(a)\treport annually to the Chief Secretary on the financial position and accounts of the trust; and\n\t(b)\tgive annually a certificate signed by his own hand to the Chief Secretary certifying that he has inspected the documents of title and securities evidencing the property held by the trust and is satisfied that the balance-sheet contains a true statement of the property held by the trust.\n15—Validity of proceedings\nAny act or proceeding of the trust shall not be invalid solely on the ground that at the time when the act was done or proceeding taken that there was a vacancy in the office of any trustee or any defect in the appointment of any trustee or in the appointment of any chairman or any trustee to preside at a meeting of the trust.\n16—Officers\nThe trust may appoint a secretary and any other employees whom it requires to assist it in the exercise of its powers and duties.\n17—Contracts\n\t(1)\tContracts on behalf of the trust may be made as follows:\n\t(a)\ta contract which if made between private persons would be by law required to be in writing under seal may be made on behalf of the trust in writing under the common seal of the trust;\n\t(b)\ta contract which if made between private persons would be by law required to be in writing signed by the parties to be charged therewith may be made on behalf of the trust in writing signed by any person acting under its authority, express or implied;\n\t(c)\ta contract which if made between private persons would by law be valid, although made by parol only and not reduced into writing, may be made by parol on behalf of the trust by any person acting under its authority, express or implied.\n\t(2)\tA contract made according to this section shall be effectual in law, and shall bind the trust and all its successors and all other parties thereto.\n\t(3)\tA contract made on behalf of the trust may be varied or discharged in the same manner in which it is authorised by this section to be made.\n18—Transfer and conveyance of property to trust\n\t(1)\tThe trustees of the Trust Deed shall transfer, convey, and assign to the trust all property vested in them at the commencement of this Act.\n\t(2)\tNo stamp duty shall be payable upon any such transfer, conveyance, or assignment.\n19—Trusts\n\t(1)\tThe trust shall stand possessed of the trust property upon trust—\n\t(a)\tto pay out of the income thereof or out of any money being part of the trust property and representing income, the expenses of management and other expenditure lawfully incurred by the trust on or in connection with the trust property; and\n\t(b)\tto apply the balance of the income and such money from time to time in such manner as the trust thinks fit for the benefit of the convalescent patients of any hospital or hospitals to which this section applies.\n\t(2)\tThis section applies to—\n\t(a)\tthe Royal Adelaide Hospital; and\n\t(b)\tThe Queen Elizabeth Hospital; and\n\t(c)\tany other hospital which for the time being is declared by proclamation to be a hospital to which this section applies.\n\t(3)\tThe Governor, on the recommendation of the trustees, may by proclamation declare any hospital (being an incorporated hospital within the meaning of the South Australian Health Commission Act 1976) to be a hospital to which this section applies, and may by proclamation vary or revoke any such declaration.\n19A—Validation\n\t(1)\tWhere any moneys were, before the commencement of the Da Costa Samaritan Fund (Incorporation of Trustees) Act Amendment Act 1969, in the opinion of the trustees, applied by them substantially for the benefit of convalescent patients of the Royal Adelaide Hospital, such application of those moneys by the trust shall be deemed never to have been invalid by reason only that a benefit might also have been thereby conferred upon persons who were convalescent patients or suffering illness or injury but were not themselves convalescent patients of that hospital.\n\t(2)\tWhere any moneys are, after the commencement of the Da Costa Samaritan Fund (Incorporation of Trustees) Act Amendment Act 1969, in the opinion of the trustees, applied by them substantially for the benefit of the convalescent patients of a hospital or hospital to which section 19 of this Act applies, such application of those moneys by the trust shall be deemed not to be invalid by reason only that a benefit may also be thereby conferred upon persons who are convalescent patients or suffering illness or injury but are not themselves convalescent patients of any such hospital.\n20—Banking of income\nThe trust shall as soon as is convenient after the receipt of any income pay it to the credit of the trust at an ADI carrying on business in Adelaide.\n21—Management of trust property\nThe trust shall have the same power to manage or let land forming part of the trust property as the trustees of the Trust Deed had to manage, or let land under the Trust Deed, and may do all things in respect of land forming part of the trust property which the trustees of the Trust Deed were authorised to do in respect of land under the Trust Deed.\n22—Investment\nThe trust may from time to time vary any investments or security being or representing part of the trust property.\n23—Investment of income\n\t(1)\tThe trust may invest any income of the trust property or any money being part of the trust property and representing income which is not immediately required for the purpose of the trust in any investment or security authorised by law.\n\t(2)\tThe trust may at any time sell any investment or security purchased from income by the trust or by trustees of the Trust Deed and apply the proceeds of such sale as if the proceeds were income then arising from the trust property.\n24—Gifts\nThe trust may accept gifts of any property, and any such property shall be held upon the trusts, powers, and obligations of this Act.\n25—Advice and directions\n\t(1)\tThe trust or any trustee thereof may apply to the Supreme Court or a judge thereof for advice directions, or orders as to matters connected with the management or administration of the trust property or the construction of any deed or document relating to the trust or the trust property in like manner as any unincorporated trustee.\n\t(2)\tThe proceedings upon or relating to such application and any judgment or order made thereon shall be the same and have the same effect as if such application were made by any unincorporated trustee.\n26—Rules\n\t(1)\tThe trust may make rules for the management and administration of the business of the trust, and in particular and without prejudice to the generality of the foregoing may make rules prescribing—\n\t(a)\tthe form and manner in which applications by convalescent patients for assistance from the trust are to be made;\n\t(b)\tthe duties of the secretary and other officers of the trust;\n\t(c)\tthe summoning of meetings of the trust and the procedure at such meetings.\n\t(2)\tThe trust may by rules revoke or vary any such rules.\n\t(3)\tAny rules made under this section shall have the common seal of the trust affixed thereto.\n\t(4)\tSection 38 of the Acts Interpretation Act 1915 shall apply to rules made under this section.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\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 and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1953\n54\nDa Costa Samaritan Fund (Incorporation of Trustees) Act 1953\n17.12.1953\n17.12.1953\n1969\n3\nDa Costa Samaritan Fund (Incorporation of Trustees) Act Amendment Act 1969\n27.2.1969\n27.2.1969\n1990\n5\nDa Costa Samaritan Fund (Incorporation of Trustees) Act Amendment Act 1990\n29.3.1990\n26.7.1990 (Gazette 26.7.1990 p397)\n1999\n33\nFinancial Sector Reform (South Australia) Act 1999\n17.6.1999\nSch (item 17)—1.7.1999 being the date specified under s  3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)\n2003\n44\nStatute Law Revision Act 2003\n23.10.2003\nSch 1—24.11.2003 (Gazette 13.11.2003 p4048)\nProvisions amended since 3 February 1976\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nheading preceding s 3\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 14\n\n\ns 14(1)\namended by 3/1969 s 2\n27.2.1969\nheading preceding s 18\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 19\nsubstituted by 3/1969 s 3\n27.2.1969\ns 19(2)\n(i)—(iii) redesignated as (a)—(c) by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 19(3)\nsubstituted by 5/1990 s 3\n26.7.1990\ns 19A\ninserted by 3/1969 s 4\n27.2.1969\ns 20\namended by 33/1999 Sch (item 17)\n1.7.1999\ns 26\n\n\ns 26(1)\namended by 3/1969 s 5\n27.2.1969\nHistorical versions\nReprint No 1—1.7.1991\n\nReprint No 2—1.7.1999\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be properly assessed as the legislative text was not retrievable. Based on the title, this appears to be a tightly scoped private Act dealing solely with the incorporation of trustees of one named fund, with no evidence of scope change from its original intent."},"complexity_factors":["No actual legislative text was retrievable — only a website error page was provided","Based on title alone, this appears to be a narrow, single-purpose private Act with limited provisions","Incorporation of trustees Acts of this era typically contained straightforward, formulaic provisions with minimal interpretive complexity","Highly specific subject matter (one named charitable fund) limits scope and complexity"],"plain_english_summary":"Likely a narrow 1953 South Australian Act that granted formal corporate status to the trustees of the Da Costa Samaritan Fund. By incorporating the trustees it would let the trust act in its own name (hold property, contract, sue or be sued), affecting the fund’s trustees and beneficiaries and securing clearer legal and operational authority for the charity."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act's scope has been altered by later amendments. The 1969 amendments substituted s19 and inserted s19A (validation of past and certain future payments) and amended auditing/rules provisions (s14, s26(1)) to clarify beneficiary application and trustee discretion. The 1990 amendment (s19(3)) expressly authorised the Governor to add hospitals by proclamation. Financial/administrative provisions (including banking) were updated in 1999. These changes broadened beneficiary flexibility, added validation and tightened financial oversight."},"complexity_factors":["Statutory incorporation of a corporate trustee with perpetual succession and seal (s3) — creates a separate legal person but preserves trust obligations.","Detailed trustee governance: minimum number, first trustees, power to appoint additional trustees subject to Governor's written approval (s4(1)–(3)); vacancy and removal rules including Governor's power to remove for cause (s5).","Vacancy-filling mechanics and backstop powers for the Governor where appointments are delayed (s6) — multiple appointment routes increase procedural permutations.","Decision-making and quorum rules, and special handling where only two trustees attend (s7) — affects operational continuity and meeting timing.","Remuneration fixed by statute but subject to variation by the Supreme Court as if trustees were unincorporated (s12) — dual route for fees creates a judicial cost variable.","Financial controls: mandatory books and annual statement (s13) and annual audit by a registered company auditor approved by the Chief Secretary, with reporting and certificate obligations (s14) — creates compliance and administrative burdens.","Trust property transfer without stamp duty (s18(1)–(2)) and continuing management, investment and income-investment powers (s21–s23) — affects asset management choices and tax/transaction costs.","Beneficiary scope defined and adjustable: primary beneficiaries listed (Royal Adelaide and Queen Elizabeth Hospitals) with power for the Governor to add or vary hospitals by proclamation (s19(1)–(3)).","Validation clause retro- and prospectively relaxing strict beneficiary matching where trustees consider applications 'substantially' for convalescent patients (s19A) — introduces trustee discretion to treat borderline applications as valid.","Procedural flexibility: power to make rules governing applications, officers' duties and meetings, subject to seal and Acts Interpretation Act application (s26) — concentrates administrative rule-making within the trust."],"plain_english_summary":"This Act creates the Da Costa Samaritan Fund Trust as a corporate trustee to hold specified property and use its income for the benefit of convalescent patients of named hospitals (and any hospital later proclaimed). It prescribes how many trustees there must be, how they are appointed, removed and paid, meeting and record-keeping rules, investment and banking powers, annual audit and reporting, and routes for legal advice and oversight by the Governor and the Supreme Court."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: incorporating the trustees of the Da Costa Samaritan Fund and providing governance mechanisms for this specific charitable trust. While amendments have updated details (adding hospitals to the beneficiary list, modernising banking terminology from 'bank' to 'ADI', adjusting audit requirements, and validating past expenditures), the core scope has not expanded beyond managing this single charitable fund for convalescent patients. The 1969 validation provision (section 19A) clarified that benefits could incidentally flow to non-patients without invalidating the trust, but this was a protective clarification rather than a scope expansion."},"complexity_factors":["Straightforward structure with 26 sections plus interpretation section","Only 4 defined terms in section 2 (trust, Trust Deed, trustees, trust property)","Minimal cross-referencing – mostly internal references to other sections of the same Act","Simple conditional logic – basic provisos ('Provided that') and straightforward subsections","One amendment validation section (19A) with retrospective and prospective operation, but clearly drafted","Standard administrative provisions (meetings, minutes, contracts) using familiar legislative templates","No nested exceptions or highly technical regulatory frameworks"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a legal structure for managing a charitable fund called the **Da Costa Samaritan Fund**. It turns the fund's trustees into a formal body corporate (essentially, it gives them legal personality like a company) so they can own property, make contracts, and operate more efficiently than if they were just individuals managing a trust.\n\n**Who it affects:**\n\n- **The trustees** – a group of at least three people who manage the fund. The Act sets out how they're appointed, removed, paid, and how they make decisions.\n- **Convalescent patients** – people recovering from illness or injury at specific hospitals (mainly the Royal Adelaide Hospital and The Queen Elizabeth Hospital, plus others the government may add). These patients are the beneficiaries who receive assistance from the fund.\n- **The hospitals** – institutions that can receive support for their recovering patients.\n\n**Why it matters:**\n\nThe fund dates back to 1898, when someone settled property on trust to help sick people. By 1953, the trustees needed modern legal powers to manage investments, property, and contracts properly. This Act:\n\n- **Incorporates the trustees** – gives them a common seal and perpetual succession (the fund continues even when individual trustees change)\n- **Transfers old property** – moves assets from the original 1898 trust into the new incorporated body without stamp duty\n- **Sets governance rules** – meetings, quorums, minutes, audits, and how to fill vacancies\n- **Defines the charitable purpose** – income must be used for convalescent patients at designated hospitals, with flexibility for the trustees to decide exactly how to help\n- **Allows investment** – trustees can invest money not immediately needed and vary investments\n- **Provides oversight** – accounts are audited annually and reported to the Chief Secretary (a government minister)\n\n**Key features:**\n\n- Trustees need Governor approval to appoint new members\n- The Governor can remove trustees for misconduct or incapacity\n- Trustees get modest remuneration (originally £60/year, adjustable by the Supreme Court)\n- The Supreme Court can give the trustees advice on legal questions\n- Rules can be made for applications by patients and internal procedures\n\nThis is essentially a **governance statute for a historic charitable trust**, modernising its administration while keeping its original charitable purpose intact."}},"importantCases":[],"_links":{"self":"/api/acts/da-costa-samaritan-fund-incorporation-of-trustees-act-1953","history":"/api/acts/da-costa-samaritan-fund-incorporation-of-trustees-act-1953/history","analysis":"/api/acts/da-costa-samaritan-fund-incorporation-of-trustees-act-1953/analysis","conflicts":"/api/acts/da-costa-samaritan-fund-incorporation-of-trustees-act-1953/conflicts","importantCases":"/api/acts/da-costa-samaritan-fund-incorporation-of-trustees-act-1953/important-cases","documents":"/api/acts/da-costa-samaritan-fund-incorporation-of-trustees-act-1953/documents"}}