{"id":"public-education-endowment-act-1909","name":"Public Education Endowment Act 1909","slug":"public-education-endowment-act-1909","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106308,"registerId":"wa-public-education-endowment-act-1909-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Education Endowment Act 1909","content":"![Crest]()Western Australia\n\nPublic Education Endowment Act 1909\n\n- **Reprinted under the *Reprints Act 1984* as**\n- **at 8 May 2015**\n\n\nWestern Australia\n\nPublic Education Endowment Act 1909\n\nContents\n\n1. Short title 1\n\n1A. Terms used 1\n\n2. Power to appoint trustees 1\n\n3. Trustees to be body corporate 2\n\n4. Endowment 2\n\n5. Property to be held in trust for public education 2\n\n6. Powers of trustees 2\n\n7. Power to lease and, with approval of Governor, to mortgage or exchange lands 3\n\n8. Power to dispose of land acquired by gift 3\n\n9. Investment and application of rents and profits 3\n\n9A. Power to sell and apply money held 4\n\n10. Exemption of trust property from taxation 4\n\n11. Meetings 5\n\n12. Officers 5\n\n13. Remuneration of trustees 5\n\n14. Application of *Financial Management Act 2006* and *Auditor General Act 2006* 5\n\n15. Act not to affect *University of Western Australia Act 1911* 5\n\nNotes\n\nCompilation table 6\n\nDefined terms\n\n  \n\n- Crest **Reprinted under the *Reprints Act 1984* as**\n- **at 8 May 2015**\n\n\nWestern Australia\n\nPublic Education Endowment Act 1909\n\nAn Act for the endowment of public education.\n\n##### 1. Short title\n\nThis Act may be cited as the *Public Education Endowment Act 1909* 1.\n\n##### 1A. Terms used\n\nIn this Act unless the contrary intention appears —\n\n  chief executive officer of the department means the chief executive officer of the department referred to in section 228 of the *School Education Act 1999*;\n\n  purposes of public education includes the provision of residential or other accommodation for teachers or trainee teachers in any government school within the meaning of the *School Education Act 1999*.\n\n[Section 1A inserted: No. 3 of 1970 s. 2; amended: No. 7 of 1988 s. 25; No. 22 of 1996 s. 16(10); No. 36 of 1999 s. 247.]\n\n##### 2. Power to appoint trustees\n\n(1) The Governor may appoint the Minister charged with the administration of the *School Education Act 1999*, the chief executive officer of the department for the time being, and 3 other fit and proper persons to be the trustees of an endowment for public education and may, upon the death, resignation, or absence from the State of any trustee, appoint any other fit and proper person a trustee in his place.\n\n(2) The trustees other than the Minister referred to in subsection (1) and the chief executive officer of the department shall be appointed from time to time for not exceeding 3 years, and shall be eligible for re‑appointment.\n\n[Section 2 amended: No. 63 of 1981 s. 4; No. 7 of 1988 s. 26; No. 36 of 1999 s. 247.]\n\n##### 3. Trustees to be body corporate\n\nThe trustees so appointed shall be a body corporate by the name of the “Trustees of Public Education Endowment,” and by that name shall have perpetual succession and a common seal, and shall be capable of suing and being sued, and subject to the provisions of section 7, shall have power to hold, take, purchase, sell, lease, and in any manner deal with real and personal property for the purposes of this Act.\n\n##### 4. Endowment\n\nBy way of permanent endowment, the Governor may grant or demise to the trustees such lands of the Crown as he may think fit.\n\n##### 5. Property to be held in trust for public education\n\nAll real and personal property vested in the trustees, or acquired by them by purchase, gift, devise, bequest, or otherwise, shall be held in trust for the purposes of public education.\n\n##### 6. Powers of trustees\n\nThe trustees shall have the entire control and management of all real and personal property at any time vested in or acquired by them; and may set out roads, streets, and open spaces, and erect and maintain buildings upon and otherwise improve any land or other property as in their absolute discretion they may think fit, and may apply any trust funds in their hands to any such purposes.\n\n##### 7. Power to lease and, with approval of Governor, to mortgage or exchange lands\n\nThe trustees may grant leases of any lands granted or demised to them as aforesaid for any term not exceeding 21 years, and with the approval of the Governor, but not otherwise, may grant leases for any term not exceeding 99 years, and may, with the like approval, mortgage or exchange such lands.\n\n[Section 7 amended: No. 7 of 1925 s. 2.]\n\n##### 8. Power to dispose of land acquired by gift\n\nThe trustees may dispose of any real or personal property acquired by gift, devise, or bequest as they may think fit, subject only to the express trusts of any deed, will, or instrument under which such property is acquired by them.\n\n##### 9. Investment and application of rents and profits\n\nThe rents, issues, profits, and proceeds of sale of all real and personal property vested in or acquired by the trustees, after payment of the expenses of and incidental to the administration of the trust, shall be paid into the Treasury, and may be invested in the names of the trustees as trust funds may be invested under Part III of the *Trustees Act 1962*, or, with the approval of the Governor, in the purchase of other land to be held on the trust hereby created:\n\nProvided that the annual income of all such real and personal property and investments may be applied by the trustees towards the improvement of such property, and the payment of salaries and other expenditure in carrying out the provisions of the Acts in force for the time being relating to public education:\n\nProvided also that the proceeds of sale of any property or any moneys received by the trustees as premiums for the granting of leases, or raised by way of mortgage, may, with the approval of the Governor but not otherwise, be applied by the trustees in the improvement of any property vested in them.\n\n[Section 9 amended: No. 1 of 1997 s. 18.]\n\n##### 9A. Power to sell and apply money held\n\nNotwithstanding the other provisions of this Act or the provisions of any other Act, on and after the coming into operation of the *Public Education Endowment Act Amendment Act 1970* 1 the trustees, with the approval of the Governor —\n\n(a) may sell any land vested in them for the purposes of public education pursuant to section 4 and may transfer the land to the purchaser free of all trusts; and\n\n(b) where they hold money derived, as proceeds of sale or otherwise, from land that was or is vested in them for the purposes of public education pursuant to section 4, irrespective of whether they received the money before or after the coming into operation of the *Public Education Endowment Act Amendment Act 1970* 1, may, for the purposes of public education, apply the money or any portion of it, and the whole or any portion of income from the money, to the improvement of land vested in the Minister for Education.\n\n[Section 9A inserted: No. 3 of 1970 s. 3.]\n\n##### 10. Exemption of trust property from taxation\n\nNo tax or rate shall be charged or levied upon any property acquired by the trustees under this Act, or upon the trustees in respect thereof; but the benefit of such exemption shall not extend to any other person who may become the owner of any estate or interest in such property, whether as purchaser, lessee, or otherwise; and notwithstanding such exemption, such property shall be rateable while the same is leased or occupied for any private purpose.\n\n##### 11. Meetings\n\nThe trustees shall meet for the transaction of the business of the trust at such times as they may appoint, and any 3 of them shall be a quorum.\n\n##### 12. Officers\n\nThe trustees may from time to time appoint and dismiss such officers or servants as they may deem necessary, and may pay them such salaries or remuneration as they may think fit.\n\n##### 13. Remuneration of trustees\n\nThe trustees may receive, out of the income of the trust property, such remuneration as the Governor may approve.\n\n##### 14. Application of *Financial Management Act 2006* and *Auditor General Act 2006*\n\nThe provisions of the *Financial Management Act 2006* and the *Auditor General Act 2006* regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the trustees and their operations.\n\n[Section 14 inserted: No. 98 of 1985 s. 3; amended: No. 77 of 2006 Sch. 1 cl. 135.]\n\n##### 15. Act not to affect *University of Western Australia Act 1911*\n\nThis Act shall not affect the provisions of the *University of Western Australia Act 1911*.\n\n[Section 15 amended: No. 75 of 2000 s. 18.]\n\n![dline]()\n\nNotes\n\n1 This reprint is a compilation as at 8 May 2015 of the *Public Education Endowment Act 1909* 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| *Public Education Endowment Act 1909* | 32 of 1909 (9 Edw. VII No. 28) | 4 Dec 1909 | 4 Dec 1909 |\n| *Public Education Endowment Amendment Act 1925* | 7 of 1925 (16 Geo. V No. 7) | 24 Sep 1925 | 24 Sep 1925 |\n| *Ministers’ Titles Act 1925* s. 2 | 8 of 1925 (16 Geo. V No. 8) | 24 Sep 1925 | 24 Sep 1925 |\n| *Public Education Endowment Act Amendment Act 1970* | 3 of 1970 | 29 Apr 1970 | 29 Apr 1970 |\n| *Acts Amendment (Statutory Designations) and Validation Act 1981* s. 4 | 63 of 1981 | 13 Oct 1981 | 13 Oct 1981 |\n| *Acts Amendment (Financial Administration and Audit) Act 1985* s. 3 | 98 of 1985 | 4 Dec 1985 | 1 Jul 1986 (see s. 2 and *Gazette* 30 Jun 1986 p. 2255) |\n| **Reprint of the *Public Education Endowment Act 1909* as at 29 Dec 1987**   (includes amendments listed above) | | | |\n| *Acts Amendment (Education) Act 1988* Pt. 11 | 7 of 1988 | 30 Jun 1988 | 8 Jul 1988 (see s. 2 and *Gazette* 8 Jul 1988 p. 2371) |\n| *Education Amendment Act 1996* s. 16(10) | 22 of 1996 | 11 Jul 1996 | 11 Jul 1996 (see s. 2(1)) |\n| *Trustees Amendment Act 1997* s. 18 | 1 of 1997 | 6 May 1997 | 16 Jun 1997 (see s. 2 and *Gazette* 10 Jun 1997 p. 2661) |\n| *School Education Act 1999* s. 247 | 36 of 1999 | 2 Nov 1999 | 1 Jan 2001 (see s. 2 and *Gazette* 29 Dec 2000 p. 7904) |\n| *Universities Legislation Amendment Act 2000* s. 18 | 75 of 2000 | 7 Dec 2000 | 13 Jan 2001 (see s. 2(1) and *Gazette* 12 Jan 2001 p. 245) |\n| **Reprint of the *Public Education Endowment Act 1909* as at 4 Jan 2002**   (includes amendments listed above) | | | |\n| *Financial Legislation Amendment and Repeal Act 2006* Sch. 1 cl. 135 | 77 of 2006 | 21 Dec 2006 | 1 Feb 2007 (see s. 2(1) and *Gazette* 19 Jan 2007 p. 137) |\n| **Reprint 3: The *Public Education Endowment Act 1909* as at 8 May 2015** (includes amendments listed above) | | | |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nchief executive officer of the department 1A\n\npurposes of public education 1A\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was unavailable. The error page returned by the WA legislation website contained no substantive content from the Act itself."},"complexity_factors":["No legislative content was available for analysis — the source URL returned a system error page","Only the Act title could be assessed, providing minimal analytical basis","Cannot determine actual provisions, definitions, obligations, or scope from available text"],"plain_english_summary":"## Public Education Endowment Act 1909 (WA)\n\n**⚠️ Content Unavailable**\n\nThe text of this legislation could not be retrieved. The Western Australian legislation website returned an error page rather than the actual content of the Act.\n\n**What we know from the title alone:**\n- This is a **Western Australian** law dating back to **1909**\n- It likely relates to a dedicated fund (an \"endowment\" — meaning money or assets set aside for a specific purpose) for **public education** in WA\n- Given its age, it may establish or govern a trust or financial reserve to support public schools\n\n**To access this legislation**, visit the [Western Australian Legislation website](https://www.legislation.wa.gov.au) and search directly for the Act by name."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act initially endowed Crown lands as a permanent endowment for public education (s.4). Subsequent amendments expanded trustee powers to sell section 4 land and apply proceeds to Minister-held education land (s.9A), and brought trustees within modern financial and audit regimes (s.14), thereby shifting scope from immutable land-holding toward flexible financial management for educational purposes."},"complexity_factors":["Governor-controlled appointments and approvals (ss.2,7,9A) concentrate discretion.","Cross-references to other statutes for definitions and investment rules (School Education Act 1999, Trustees Act 1962, Financial Management Act 2006) increase compliance complexity (ss.1A,9,14).","Multiple property powers (hold, lease, mortgage, exchange, sell) with differing approval thresholds create procedural complexity (ss.3,6,7,9A).","Financial flows: requirement to pay rents/proceeds into Treasury, but powers to invest/apply income create accounting and audit obligations (s.9,14).","Tax and rate exemptions with carve-outs and occupancy exceptions create practical administration issues (s.10)."],"plain_english_summary":"Creates a corporate body, the Trustees of Public Education Endowment, to hold Crown land and other property in trust for “purposes of public education.” The Governor appoints trustees and must approve long leases, mortgages, exchanges, and certain sales (ss.2,7,9A).\n\nTrust income is paid into Treasury and may be invested or applied to school property, teacher accommodation, and improvement of education land; gifted property may be disposed of subject to express trusts (ss.8–9A). Decision-makers: Governor, Minister, chief executive and trustees. Beneficiaries: government schools and related accommodation."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: creating and managing a permanent endowment for public education. While amendments have updated terminology (e.g., replacing specific department names with references to the School Education Act 1999) and added modern financial oversight requirements, the core scope of establishing trustees to hold and manage property for educational purposes has not expanded significantly beyond the 1909 intent."},"complexity_factors":["Only 2 defined terms in section 1A","Straightforward structure with 15 short sections","Minimal cross-referencing (only to School Education Act 1999, Trustees Act 1962, and financial management Acts)","Simple conditional logic (mostly 'with Governor's approval' requirements)","No nested exceptions or highly technical provisions","Amendments over time have been minor updates to terminology and references rather than structural changes"],"plain_english_summary":"This Western Australian law creates a permanent trust fund to support public education. Here's what it does:\n\n**The Basics**\n- The Governor appoints 5 trustees (the Education Minister, the head of the education department, and 3 other people) to manage a fund called the \"Public Education Endowment\"\n- These trustees form a legal body that can own property, sign contracts, and be sued\n\n**What the Fund Can Do**\n- Receive land from the Crown (government) and other property through gifts, bequests, or purchases\n- Lease, sell, or develop this property to generate income\n- Use the money to improve education facilities and support teachers—including providing housing for teachers or trainee teachers\n\n**Key Powers**\n- Lease land for up to 21 years (or 99 years with Governor's approval)\n- Sell land and use the proceeds for educational purposes\n- Invest money according to trust investment rules\n- Build roads, buildings, and other improvements on trust land\n\n**Oversight**\n- The trustees must follow modern financial management and auditing rules\n- They can pay themselves reasonable fees (approved by the Governor)\n- Trust property is exempt from taxes and rates, unless leased to private parties\n\n**Why it matters**\nThis Act ensures there's a permanent, independently managed pool of assets generating ongoing funding for public schools in WA, separate from yearly government budgets. It protects educational endowments from being diverted to other purposes."},"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/public-education-endowment-act-1909","history":"/api/acts/public-education-endowment-act-1909/history","analysis":"/api/acts/public-education-endowment-act-1909/analysis","conflicts":"/api/acts/public-education-endowment-act-1909/conflicts","importantCases":"/api/acts/public-education-endowment-act-1909/important-cases","documents":"/api/acts/public-education-endowment-act-1909/documents"}}