{"id":"tas:act-2015-048","name":"Kennerley Trust Act 2015","slug":"kennerley-trust-act-2015","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"48 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31712,"registerId":"tas-act-2015-048-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Kennerley Trust Act 2015](/view/html/inforce/2026-04-12/act-2015-048) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which this Act receives the Royal Assent.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act –\n> \n> > ***Association*** means the Kennerley Children's Home Inc (ABN 54 083 304 285);\n> \n> > ***commencement day*** means the day on which this Act commences;\n> \n> > ***Rules of Association*** means the rules of the Association, as in force from time to time, that are made as required by, and in accordance with, the [Associations Incorporation Act 1964](/view/html/inforce/2026-04-12/act-1964-064) ;\n> \n> > ***Trust Deed*** means the Deed of Gift dated 20 March 1876 and registered in the Registry, within the meaning of the [Registration of Deeds Act 1935](/view/html/inforce/2026-04-12/act-1935-024) , on 16 January 1908 under the number 11/7412;\n> \n> > ***Trustee*** means the position of Trustee as established by the Trust Deed;\n> \n> > ***trust function or power*** means a function or power in respect of the Trust or the assets or liabilities of the Trust;\n> \n> > ***Trust Governor*** means the position of Governor as established by the Trust Deed;\n> \n> > ***Trusts*** means the trusts established under the Trust Deed.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Validation","content":"# Part 2 Validation","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Validation of certain actions","content":"### 4 Validation of certain actions\n\n> A person who, before the commencement day, performed or exercised, or purportedly performed or exercised, a trust function or power is taken –\n> \n> > > (a) to have validly performed or exercised that trust function or power, if the function or power was performed or exercised in good faith in accordance with the Trust Deed or the Rules of Association, as in force at the time the function was performed or the power was exercised; and\n> > \n> > > (b) to have held the position required in the Trust Deed, or the Rules of Association, to perform the function or exercise the power while he or she was performing the function or exercising the power.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Trust Deed","content":"### 5 Trust Deed\n\n> > (1)  No breach of trust is taken to have occurred in respect of the Trust Deed during the period commencing on the day that the Trust Deed initially took effect and ending on the commencement day.\n> \n> > (2)  On the day that the [Kennerley Children's Homes Act 1969](/view/html/inforce/2026-04-12/act-1969-012) commenced –\n> > \n> > > > (a) that Act is taken to have varied the Trust Deed to the extent necessary to incorporate the provisions, and intention, of that Act; and\n> > > \n> > > > (b) the variation of the Trust Deed by that Act is taken to have remained in effect despite the repeal of that Act under the [Legislation Repeal Act 1998](/view/html/inforce/2026-04-12/act-1998-035) .","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"No action lies in respect of failure to act","content":"### 6 No action lies in respect of failure to act\n\n> > (1)  In this section –\n> > \n> > > ***proposed defendant*** means a person who acted, or purportedly acted, in the position of Trustee or Trust Governor at any point before the commencement day.\n> \n> > (2)  No action lies against a proposed defendant in relation to any loss incurred by a person, if the loss is only incurred by the person as a consequence of the proposed defendant failing to perform or exercise, any function or power specified within the Trust Deed.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Winding-up of Kennerley Trust","content":"# Part 3 Winding-up of Kennerley Trust","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Revocation of Trust Deed","content":"### 7 Revocation of Trust Deed\n\n> On the commencement day, the Trust Deed is revoked.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Transfer of assets and liabilities","content":"### 8 Transfer of assets and liabilities\n\n> > (1)  In this section –\n> > \n> > > ***State tax*** means any of the following imposed by an Act or law of this State:\n> > > \n> > > > > (a) a fee;\n> > > > \n> > > > > (b) a tax or duty;\n> > > > \n> > > > > (c) a charge;\n> > \n> > > ***Trust property*** means the following property:\n> > > \n> > > > > (a) the land situated at 77 Box Hill Road, Claremont in Tasmania, comprised in Volume 71050, Folios 1 and 2 of the Register kept under section 33 of the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) ;\n> > > > \n> > > > > (b) the land situated at 20-24 Arunta Crescent, Chigwell in Tasmania, comprised in Volume 86621, Folio 1 of the Register kept under section 33 of the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) ;\n> > > > \n> > > > > (c) the land situated at 20 Cadbury Road, Claremont in Tasmania, comprised in Volume 86522, Folios 2 and 3 of the Register kept under section 33 of the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) ;\n> > > > \n> > > > > (d) the land situated at 99 Allunga Road, Chigwell in Tasmania, as identified by the property identification number 5296787 contained in the Land Information System Tasmania administered by the department responsible for the administration of the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) ;\n> > > > \n> > > > > (e) any other property held by, or on behalf of, a Trustee or Trust Governor in his or her capacity as Trustee or Trust Governor;\n> > > > \n> > > > > (f) any other property held by, or on behalf of or for the purposes of, the Trust.\n> \n> > (2)  On the commencement day –\n> > \n> > > > (a) the Trust property vests in the Association for the purposes of the Association; and\n> > > \n> > > > (b) the liabilities of the Trusts, including liabilities of the Trusts in respect of the Trust property, become the liabilities of the Association.\n> \n> > (3)  State tax is not payable in respect of any document prepared, or transfer or transaction done, to give effect to [subsection (2)](#GS8@Gs2@EN) .","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Construction of certain documents","content":"### 9 Construction of certain documents\n\n> > (1)  In this section –\n> > \n> > > ***document*** means a document, or part of a document, that was in force immediately before the commencement day.\n> \n> > (2)  Unless the context or the subject matter of a document otherwise requires, on and after the commencement day –\n> > \n> > > > (a) a reference in a document to the Trust Deed is taken to be a reference to the Rules of Association; and\n> > > \n> > > > (b) a reference in a document to the Trusts is taken to be a reference to the Association.\n> \n> > (3)  Unless the context or the subject matter of a document otherwise requires, on and after the commencement day a reference in a document to any of the following organisations is taken to be a reference to the Association:\n> > \n> > > > (a) Boys' Home Industrial School;\n> > > \n> > > > (b) Kennerley Boys' Home;\n> > > \n> > > > (c) Boys' Home;\n> > > \n> > > > (d) Boys' Industrial School;\n> > > \n> > > > (e) Hobart Boys' Home and Industrial School;\n> > > \n> > > > (f) Kennerley Boys' Industrial School;\n> > > \n> > > > (g) Kennerley Home.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Legal proceedings and related matters","content":"### 10 Legal proceedings and related matters\n\n> On and after the commencement day –\n> \n> > > (a) any legal or other proceedings instituted by or against a person in respect of the performance or exercise, or failure to perform or exercise, a trust function or power that are still pending may be continued by or against the Association; and\n> > \n> > > (b) any legal or other proceedings that could have been instituted, before the commencement day, by or against a person in respect of the performance or exercise, or failure to perform or exercise, a trust function or power may be instituted by or against the Association; and\n> > \n> > > (c) any judgement or order of a court obtained before the commencement day by or against a person acting as Trustee or Trust Governor, in his or her capacity as Trustee or Trust Governor, and not executed or satisfied before the commencement day may be enforced by or against the Association; and\n> > \n> > > (d) a document relating to any legal or other proceedings that has been served on or by a person acting as Trustee or Trust Governor, in his or her capacity as Trustee or Trust Governor, is taken, where appropriate, to have been served on or by the Association.","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Administration of Act","content":"### 11 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Justice; and\n> > \n> > > (b) the department responsible to the Minister for Justice in relation to the administration of this Act is the Department of Justice.","sortOrder":14}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act shifts the legal and operational scope from the historical Trust (and its governing deed) to the Kennerley Children's Home Inc by revoking the Trust Deed, vesting specified trust property in the Association, transferring liabilities, reinterpreting historical documents to refer to the Association, and enabling the Association to continue or face legal proceedings in place of the former trustees (see ss7–10)."},"complexity_factors":["Revocation and vesting mechanics: the Act formally revokes the Trust Deed and vests defined trust property in the Association, shifting ownership and legal title (s7; s8(2)(a)).","Liability transfer: all liabilities of the Trusts, including those tied to trust property, become liabilities of the Association, creating a fiscal burden for the successor entity (s8(2)(b)).","Specific property schedule: trust property is defined by parcel references and broad catch‑alls for other trust assets, requiring land title action and careful identification (s8(1)(Trust property(a)–(f))).","Retroactive validation: past acts or exercises of trust powers done in good faith are declared valid, which affects potential historic challenges and evidentiary burdens (s4; definition of 'good faith' implicit in statutory validation).","Limitation on claims: the Act bars actions against persons who merely failed to perform trust functions where loss arises only from that failure, narrowing remedies and shifting residual risk (s6(2)).","Tax treatment: transfers to give effect to the vesting are exempt from State tax, altering transaction costs and fiscal outcomes (s8(3)).","Continuity of proceedings and enforcement: ongoing or potential proceedings, judgments and served documents involving former trustees transfer to the Association, concentrating litigation risk in the successor body (s10(a)–(d)).","Document reinterpretation: historical documents referencing the Trust Deed, Trusts or several legacy organisation names are reinterpreted to mean the Association, which raises interpretive issues for instruments that depend on precise legal identity (s9(2)–(3)).","Defined‑term density and cross‑references: multiple defined terms (Trustee, Trust Governor, trust function or power) and references to other Acts increase interpretive work for administrators and courts (s3; cross‑refs throughout).","Administrative interim assignment: until an administrative arrangements order is made, the Minister for Justice and the Department of Justice administer the Act, creating a temporary decision‑maker with operational discretion (s11)."],"plain_english_summary":"This Act revokes the 1876 Trust Deed and vests specified trust property (including four parcels of land and other trust assets) in the Kennerley Children's Home Inc, making the Association responsible for the Trusts' liabilities and exempting State tax on transfer documents. It validates past trust acts done in good faith, limits claims against former trustees for mere non‑performance, preserves and transfers existing legal proceedings and remaps historical document references to the Association, and assigns administration to the Minister for Justice."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: validating historical actions of the Kennerley Trust, winding up the 1876 trust structure, and transferring assets to the modern incorporated association. No significant scope creep is evident."},"complexity_factors":["Short, single-purpose statute with only 11 sections across 4 Parts","Only 7 defined terms in the interpretation section, all straightforward","Minimal cross-referencing — primarily internal references to the Trust Deed and one reference to the Associations Incorporation Act 1964","Simple conditional logic limited to good faith requirements and temporal boundaries (before/after commencement day)","No nested exceptions or complex deeming provisions beyond basic validation language","Specific land titles identified by volume, folio and property ID numbers — concrete rather than abstract","Straightforward property transfer mechanism with automatic vesting (no discretionary elements)"],"plain_english_summary":"**What this law does:**\n\nThis Act tidies up the legal history of a Tasmanian children's charity that dates back to 1876. It does three main things:\n\n1. **Fixes past legal problems** — The Kennerley Children's Home has been operating since the 1870s under an old trust deed (a legal document setting out how property is held and managed). Over the decades, various people acted as trustees and governors, but there may have been technical problems with how they were appointed or how they exercised their powers. This Act validates (declares legally proper) those past actions, provided they were done in good faith.\n\n2. **Winds up the old trust** — On the day the Act starts, the 1876 trust deed is revoked (cancelled). All the trust's property — including several parcels of land in Claremont and Chigwell — automatically transfers to the Kennerley Children's Home Inc, a modern incorporated association. The association also takes on all the trust's debts and liabilities. This transfer happens without any stamp duty or state taxes.\n\n3. **Updates references in old documents** — Any document that refers to the old trust, the trust deed, or any of the organisation's historical names (like \"Boys' Home Industrial School\" or \"Kennerley Boys' Home\") is now read as referring to the modern incorporated association.\n\n**Who it affects:**\n\n- The **Kennerley Children's Home Inc** — it gets clear title to its property and protection from historical legal challenges.\n- **Former trustees and governors** — they are protected from being sued over technical breaches of the old trust deed or for failing to act, provided they acted in good faith.\n- **Anyone with legal claims** — any ongoing or future court cases about the trust can continue against the association instead.\n\n**Why it matters:**\n\nWithout this Act, the charity risked expensive legal disputes about whether past trustees were properly appointed, whether they breached their duties, or who actually owned the land. This legislation provides legal certainty, protects well-meaning volunteers from historical liability, and modernises the governance structure of a 140-year-old charitable institution."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have remained unchanged since its commencement on 4 December 2015, with no amending instruments recorded. Its scope does not appear to have shifted from its original intent."},"complexity_factors":["The Act appears to be narrow and purpose-specific, likely dealing with a single trust entity rather than a broad regulatory scheme","No amendments have been made since commencement in 2015, suggesting stable and uncomplicated content","The full operative text was not provided, limiting full assessment — but the name and structure suggest a straightforward trust establishment instrument","Trust law concepts (trustee duties, beneficial interests) can add some complexity for laypeople, but purpose-specific trust Acts are typically short and direct"],"plain_english_summary":"The Kennerley Trust Act 2015 is a narrow Tasmanian law (in force from 4 December 2015) that establishes or gives legal authority to the Kennerley Trust, a trust structure tied to the Kennerley children’s charity and its management of assets or funds.\n\nIt chiefly affects the organisation’s trustees, likely beneficiaries (children in care) and government overseers; it matters because it provides legal certainty, accountability and protection for charitable assets that support vulnerable children. Note: the Act’s full operative text was not provided."}},"importantCases":[],"_links":{"self":"/api/acts/kennerley-trust-act-2015","history":"/api/acts/kennerley-trust-act-2015/history","analysis":"/api/acts/kennerley-trust-act-2015/analysis","conflicts":"/api/acts/kennerley-trust-act-2015/conflicts","importantCases":"/api/acts/kennerley-trust-act-2015/important-cases","documents":"/api/acts/kennerley-trust-act-2015/documents"}}