{"id":"roman-catholic-archdiocese-of-adelaide-charitable-trust-act-1981","name":"Roman Catholic Archdiocese of Adelaide Charitable Trust Act 1981","slug":"roman-catholic-archdiocese-of-adelaide-charitable-trust-act-1981","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106700,"registerId":"sa-roman-catholic-archdiocese-of-adelaide-charitable-trust-act-1981-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Roman Catholic Archdiocese of Adelaide Charitable Trust Act 1981","content":"South Australia\nRoman Catholic Archdiocese of Adelaide Charitable Trust Act 1981\nAn Act to constitute a Trust to be known as the Roman Catholic Archdiocese of Adelaide Charitable Trust; to bring certain existing trusts and charitable undertakings under the administration of the Trust; to define the powers, authorities, functions and duties of the Trust; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n4\tInterpretation\n4A\tDesignated ministries\n5\tObjects of Trust\nPart 2—Constitution of the Trust\n6\tConstitution of the Trust\n7\tMembership of Trust\n8\tQuorum and vacation of office\n9\tCasual vacancies\n10\tCommon seal\n11\tForm and execution of certain contracts etc\n12\tExecution under seal by agent etc\nPart 3—Property\n13\tVesting of certain property in the Trust\n14\tNo attornment necessary\n15\tConstruction of certain instruments\n16\tResolution of ambiguities etc\n17\tHanding over of property by incorporated association\n18\tPower to alter rules of incorporated association\n19\tEvidence\n20\tCertain rights enforceable by the Trust\n21\tRegistration of interests of Trust in land\nPart 4—General\n22\tClaims for compensation upon compulsory acquisition etc\n23\tReceipt for certain moneys\n24\tExoneration from enquiry\n25\tService of documents\n26\tTrust may act as executor etc\n27\tTrust may hold property jointly\n28\tRegulations\n29\tCo-operative use of property\n30\tSaving provision\n31\tPower to alter trusts\n32\tIndemnification of certain persons\n33\tBlending of Trust funds\n34\tPowers of investment\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Roman Catholic Archdiocese of Adelaide Charitable Trust Act 1981.\n4—Interpretation\nIn this Act, unless the contrary intention appears—\nappointed day means the day on which this Act comes into operation;\nthe Archbishop means the Roman Catholic Archbishop of Adelaide for the time being or his nominee or if he is unable to act in his capacity as Archbishop of Adelaide or if there be no Archbishop of Adelaide means the person for the time being administering the Archdiocese or his deputy;\nthe Archdiocese means the Roman Catholic Archdiocese of Adelaide;\nthe bodies whose property is vested in the Trust means those bodies named in section 5(1)(a) together with the Roman Catholic Archdiocese of Adelaide Charitable Trust Incorporated or any successor in title;\nconveyance includes transfer;\ndesignated ministry means a ministry declared under section 4A to be a designated ministry;\ndisposition includes surrender or release;\nGoodwood Orphanage means—\n\t(a)\tSt. Vincent de Paul's Home Goodwood or any home or homes substituted for that Home; and\n\t(b)\tproperty held by the Sisters of Mercy in connection with work for children or others who are being or have been cared for in the home or homes referred to in paragraph (a);\nLargs Bay Orphanage means—\n\t(a)\tSt. Joseph's Home Largs Bay or any other home or homes substituted for that Home; and\n\t(b)\tproperty held by the Sisters of St. Joseph in connection with work for children or others who are being or have been cared for in the home or homes referred to in paragraph (a);\nproperty means real or personal property and includes any estate or interest in real or personal property;\nSt. John's Boys Home means—\n\t(a)\tSt. John's Boys Home at Brooklyn Park or any other home or homes substituted for that Home; and\n\t(b)\tproperty held by the Salesians of St. John Bosco in connection with work for children or others who are being or have been cared for in the home or homes referred to in paragraph (a);\nthe Salesians of St. John Bosco means The Salesian Society Incorporated;\nSisters of Mercy means the Institute of Sisters of Mercy of Australia & Papua New Guinea;\nthe Sisters of St. Joseph means The Congregation of the Sisters of St. Joseph of the Sacred Heart South Australia Incorporated;\nthe Trust means the Roman Catholic Archdiocese of Adelaide Charitable Trust constituted by this Act.\n4A—Designated ministries\n\t(1)\tFor the purposes of section 7(1), each of the following ministries is declared to be a designated ministry:\n\t(a)\tthe Salesians of St John Bosco;\n\t(b)\tthe Sisters of Mercy;\n\t(c)\tthe Sisters of St Joseph.\n\t(2)\tIf a ministry referred to in subsection (1) ceases to exist, the Archbishop may determine the successor to the former ministry and declare the successor ministry to be a designated ministry.\n\t(3)\tIf a ministry declared to be a designated ministry in substitution ceases to exist, the Archbishop may determine the successor to the substituted ministry and declare that ministry to be a designated ministry.\n\t(4)\tA declaration under this section may be varied, revoked or substituted by the Archbishop by further declaration.\n\t(5)\tThe Archbishop must when making a determination under this section (including a determination as to whether or not to vary, revoke or substitute a declaration) have regard to the principles of canon law.\n\t(6)\tThe Archbishop must, as soon as practicable after making a declaration under this section, cause a copy of the declaration to be published—\n\t(a)\tin a newspaper circulating generally throughout the State; and\n\t(b)\ton the Archdiocese's website; and\n\t(c)\tin any other way that is, in the opinion of the Archbishop, appropriate.\n5—Objects of Trust\n\t(1)\tThe objects of the Trust are—\n\t(a)\tto take over, promote, maintain and continue the charitable undertakings, purposes or trusts vested in the Catholic Church Indowment Society Incorporated together with—\n\t(i)\tthe Sisters of St. Joseph with respect to Largs Bay Orphanage;\n\t(ii)\tthe Sisters of Mercy with respect to Goodwood Orphanage;\n\t(iii)\tthe Salesians of St. John Bosco with respect to St. John's Boys Home,\nand such other charitable undertakings, purposes or trusts of the Orders, Congregations, Communities and Associations of the Roman Catholic Church in the Archdiocese and whether relating to families, children, aged, infirm or indigent persons as it may be from time to time expedient or beneficial to vest in the Trust;\n\t(b)\tto promote, develop, administer, manage and support with organisational and funding assistance from investments, capital, income, donations, bequests, or such other source of funds as may from time to time be available, such charitable undertakings within the Archdiocese and in particular for the benefit of children who are deprived of a parent or parents and those in need of counselling, accommodation, sustenance, care and control and assistance to those having the legal or moral duty of care of children and such other persons or families as are in need of Christian charity within the Archdiocese;\n\t(c)\tto purchase, sell, have assigned or transferred to it, take on lease, let, lease or exchange or otherwise deal with such real or personal property as may be considered advisable for the purposes of the Trust and to borrow and raise money and to secure repayment thereof upon such assets of the Trust and in such manner as may be determined by the Trustees and for those purposes or any of them to charge or mortgage all or any of the property of the Trust;\n\t(d)\tto co-operate with any department of the Government of the Commonwealth or of any State or any research, institutional or other body for such purpose and in such manner as the Trustees consider conducive to the promotion, attainment or fulfilment of any of the objects of the Trust and further to co‑operate with persons and bodies for any of the foregoing objects;\n\t(e)\tto do all things that are incidental or conducive to the attainment of all or any of the above objects.\n\t(2)\tThe property and income of the Trust shall be applicable only towards the promotion of the objects of the Trust.\n\t(3)\tA certificate under the hand of the Chairman or Secretary of the Trust certifying that the Trust has taken over specified charitable undertakings, purposes or trusts shall be conclusive evidence of the facts so certified.\nPart 2—Constitution of the Trust\n6—Constitution of the Trust\n\t(1)\tThere shall be a corporation entitled The Roman Catholic Archdiocese of Adelaide Charitable Trust.\n\t(2)\tThe Trust shall have perpetual succession and a common seal, and may sue and be sued in its corporate name.\n\t(3)\tNotwithstanding the provisions of any instrument, the Trust may—\n\t(a)\tacquire, hold, deal with and dispose of property of any kind; or\n\t(b)\tmortgage, charge, or otherwise encumber its property; or\n\t(c)\tborrow moneys for the purposes of the Trust.\n7—Membership of Trust\n\t(1)\tThe Trust shall be administered by Trustees who shall be—\n\t(a)\tthe Archbishop;\n\t(b)\ta nominee of the Archbishop;\n\t(c)\tthe Provincial, Leader or nominee of each designated ministry;\n\t(f)\tsuch other member or members as are co-opted by the Trustees with the prior approval in writing of the Archbishop.\n\t(2)\tNo person who has attained the age of seventy-five years shall be eligible for appointment as a trustee.\n\t(3)\tA trustee appointed under subsection (1)(f) shall hold office for a term expiring on the thirtieth day of June in each third year following appointment and shall, subject to subsection (2), be eligible for re-appointment.\n\t(4)\tThe Archbishop, or a trustee appointed by him to be the Chairman, shall be Chairman of the Trust.\n\t(5)\tIn the absence of the Chairman from a meeting of the Trust the trustees present at the meeting shall elect one of their number to act as Chairman at that meeting.\n8—Quorum and vacation of office\n\t(1)\tThree members of the Trust one of whom shall be the Archbishop or his nominee shall be a quorum for the purpose of any meeting of the Trust and the decision of a majority of the members present and voting at any meeting of the Trust shall be the decision of the Trust.\n\t(2)\tA member of the Trust shall be deemed to have vacated office if he—\n\t(a)\tdies;\n\t(b)\tresigns from office by notice in writing to the Archbishop;\n\t(c)\tis physically or mentally incapable of properly carrying out the duties of a member of the Trust and a legally qualified medical practitioner so certifies;\n\t(d)\tceases to hold the office or appointment by virtue of which he was entitled to become a member of the Trust;\n\t(e)\tis removed by the unanimous vote of all of the other members of the Trust;\n\t(f)\tattains the age of seventy-five years.\n9—Casual vacancies\nWhenever a casual vacancy occurs in the membership of the Trust the Archbishop may appoint a person to fill the vacancy until the end of the next meeting of the Trust.\n10—Common seal\n\t(1)\tThe members for the time being of the Trust shall have the custody of its common seal.\n\t(2)\tThe form of the common seal, the wording of the sealing clause and all other matters relating thereto shall be determined by the Trust.\n\t(3)\tThe common seal of the Trust shall only be affixed to an instrument in pursuance of a resolution of the Trust and every instrument to which the common seal is so affixed shall be signed by the Archbishop and one other member of the Trust.\n\t(4)\tAn instrument purporting to have been sealed with the common seal of the Trust and purporting to be signed by the Archbishop and another member of the Trust shall be deemed to have been executed in accordance with subsection (3).\n11—Form and execution of certain contracts etc\n\t(1)\tAny deed, instrument, contract or agreement relating to any property or matter which if made or executed by an individual 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(2)\tAny instrument, contract or agreement relating to any property or matter which if made by or between individuals would be required to be in writing signed by the parties to be charged may be made on behalf of the Trust in writing by any person acting under its authority.\n\t(3)\tAny contract relating to any property or matter which if made between individuals would by law be valid although made by parol only (and not reduced to writing) may be made on behalf of the Trust by any person acting under its authority.\n\t(4)\tAny contract which is entered into or any instrument, contract or agreement which is signed on behalf of the Trust shall be deemed to have been entered into or signed with the express authority of the Trust, if it is entered into or signed in accordance with the resolution of the Trust.\n12—Execution under seal by agent etc\nThe Trust may, by writing under its common seal, expressly empower any person, in respect of any specific matter, as its agent or attorney to execute any deed, instrument, contract or agreement on its behalf, and any deed signed by such agent or attorney on behalf of the Trust and under his seal shall bind the Trust and have the same effect as if it were under the common seal of the Trust.\nPart 3—Property\n13—Vesting of certain property in the Trust\n\t(1)\tSubject to this Act, the following property is vested without conveyance in the Trust and shall be administered by the Trust under the provisions of this Act:\n\t(a)\tall property that was, immediately before the appointed day, vested in the Roman Catholic Archdiocese of Adelaide Charitable Trust Incorporated; and\n\t(b)\tthe Goodwood Orphanage; and\n\t(c)\tthe Largs Bay Orphanage; and\n\t(d)\tSt. John's Boys Home; and\n\t(e)\tproperty held by any person or body in trust for the body or institutions referred to in paragraph (a), (b), (c) or (d).\n\t(2)\tProperty vested in the Trust pursuant to this section that was held immediately before it was so vested in the Trust for use as a place of worship, a residence for the Clergy, a Church Hall, a Children's Home, or any other purpose shall, subject to subsection (3), be freed and discharged from any trusts for any such use to which the property was subject immediately before it was vested in the Trust.\n\t(3)\tSubject to subsection (1), the vesting effected by this section shall be without prejudice to—\n\t(a)\tany special trust; and\n\t(b)\tany resulting trust; and\n\t(c)\tany trust in favour of a donor; and\n\t(d)\tany reservation, mortgage, charge, encumbrance, loan or lease that immediately before the appointed day affected the property vested.\n14—No attornment necessary\nNo attornment to the Trust by any lessee of land vested in it by this Part shall be necessary.\n15—Construction of certain instruments\n\t(1)\tTo the extent to which, by a deed, will or other instrument that takes effect on or after the appointed day, any property—\n\t(a)\tis devised, bequeathed, given, granted, released, conveyed or appointed to any of the bodies in whom the charitable undertakings, purposes or trusts referred to in section 5(1)(a) are vested for, or for the benefit of, or in trust for those charitable undertakings, purposes or trusts or to a person (not being the Trust) for, or for the benefit of, or in trust for, the Archdiocese for those charitable undertakings, purposes or trusts or is declared or directed to be held by any person (not being the Trust) for, or for the benefit of, or in trust for, the Archdiocese for those charitable undertakings, purposes or trusts; or\n\t(b)\tis—\n\t(i)\trecoverable by any of the bodies in whom those charitable undertakings, purposes or trusts are vested or by any person (not being the Trust) on behalf of any of those bodies; or\n\t(ii)\tpayable to, or receivable by any of those bodies or any person (not being the Trust) on behalf of any of those bodies,\nfor those charitable undertakings, purposes or trusts,\nthe deed, will or other instrument shall be construed and take effect as if the reference therein to the bodies in whom the said charitable undertakings, purposes or trusts are vested, or as the case may be, to that person, were a reference to the Trust.\n16—Resolution of ambiguities etc\nWhere by virtue of a provision of this Part a reference to any of the bodies in whom the said charitable undertakings, purposes or trusts are vested is to be read and construed as a reference to any of the charitable undertakings, purposes or trusts referred to in section 5(1)(a) and any ambiguity, obscurity or uncertainty results from construing the reference in accordance with that provision, the Trust (subject to the approval in writing of the Archbishop in that regard) may give such directions as it considers necessary or expedient to construe and resolve the ambiguity, obscurity or uncertainty and the reference shall thereafter be read and construed in accordance with that direction.\n17—Handing over of property by incorporated association\n\t(1)\tAn incorporated association with the consent of the Trust may transfer the whole or part of its undertaking or property to the Trust.\n\t(2)\tWhere an incorporated association transfers the whole of its undertaking to the Trust—\n\t(a)\tall rights and liabilities of the association vest in the Trust; and\n\t(b)\ta trust or other disposition in favour of the association shall be construed as if it referred to the Trust instead of the association.\n18—Power to alter rules of incorporated association\n\t(1)\tNotwithstanding anything contained in the rules of an incorporated association the rules may be altered with the consent of the Trust so that any reference to any of the bodies whose property is vested in the Trust is altered to refer to the Trust.\n\t(2)\tThe rules shall be altered in accordance with the procedure laid down therein as nearly as is practicable and where the rules do not provide for alteration they may with the consent of the Trust be altered for the purposes of this section by an instrument under the seal of the incorporated association.\n\t(3)\tAnything to be done by any of the bodies whose property is vested in the Trust for the purpose of altering the rules may be done by the Trust.\n19—Evidence\nA certificate under the common seal of the Trust to the effect that specified property is held by it upon trust for the bodies whose property is vested in the Trust shall, in all proceedings whether civil or criminal, be prima facie evidence that the property so specified is so held.\n20—Certain rights enforceable by the Trust\nSubject to this Act, where any property is vested in the Trust pursuant to this Act, the Trust shall, in relation to that property, have and be subject to all the rights, powers, remedies, liabilities and obligations and may exercise and discharge, in relation to that property, all or any of the rights, powers and remedies which the person in whom the property was formerly vested or by whom it was had or held would have had and been subject to and might have exercised and discharged in relation to that property had it not been divested from him and vested in the Trust.\n21—Registration of interests of Trust in land\n\t(1)\tWhere the Trust—\n\t(a)\tapplies to the Registrar-General to be registered as the proprietor of an estate or interest in land; and\n\t(b)\tfurnishes the Registrar-General with—\n\t(i)\ta certificate under the common seal of the Trust to the effect that the estate or interest has vested in the Trust in pursuance of this Act; and\n\t(ii)\tsuch duplicate certificates of title or other instrument as may be required by the Registrar-General,\nthe Registrar-General shall, without further enquiry, and without fee, register the Trust as the proprietor of the relevant estate or interest.\n\t(2)\tNo stamp duty shall be payable in respect of an application or certificate under subsection (1).\nPart 4—General\n22—Claims for compensation upon compulsory acquisition etc\nThe Trust may in relation to the exchange, dedication or compulsory acquisition of any property vested in it, make claims for compensation in respect of the property and may agree to and settle any such claims, for such considerations, and on and subject to any terms and conditions, as may appear advisable to it.\n23—Receipt for certain moneys\nA receipt for moneys payable to the Trust shall exonerate the mortgagee, purchaser or other person by or on whose behalf the moneys are so payable from any liability for the loss, mis-application or non-application of the moneys, if the receipt—\n\t(a)\tis executed in accordance with this Act under the common seal of the Trust; or\n\t(b)\tis in writing signed by two members of the Trust; or\n\t(c)\tis in writing signed by a person or persons duly authorised for the purpose by two members of the Trust.\n24—Exoneration from enquiry\nNo purchaser, mortgagee, lessee or other person dealing with the Trust and neither the Registrar-General nor any other person registering or certifying titles shall, upon any sale, exchange, mortgage, lease or other dealing purporting to be entered into by the Trust, be concerned to see or enquire into the necessity for or the propriety of the exercise by the Trust of its powers or the mode of exercising them or be affected by notice that the exercise of any such power is unauthorised, irregular or improper.\n25—Service of documents\nThe service of any writ, statement of claim, summons or other legal process on the Trust may be effected by serving it upon the Chancellor of the Archdiocese or on any person appearing to be authorised by the Trust to accept service.\n26—Trust may act as executor etc\n\t(1)\tThe Trust may—\n\t(a)\tapply for and obtain, or join in applying for and obtaining probate of the will, or letters of administration of the estate, of a deceased person where the Trust has a beneficial interest, vested or contingent, in the estate of that person; or\n\t(b)\taccept appointment, and act, as trustee or co-trustee under and in pursuance of any trust where the trust property is not vested in the Trust by, or pursuant to, this Act and the trust is wholly or partly for the benefit of the Trust,\nand may do all things necessary for the exercise or performance of its powers, authorities, duties or functions as executor, administrator, or trustee as the case may be.\n\t(2)\tOn behalf of the Trust, a member of the Trust or a person employed by the Trust may, if authorised by the Trust for the purpose, swear an affidavit, make a declaration or statement, give security and do any other act or thing that is, by any charter, Act or rule of court, required to be done by a person applying for or granted probate or letters of administration or administering a trust, as the case may be.\n\t(3)\tThe Trust may—\n\t(a)\trenounce executorship;\n\t(b)\tdecline to act as administrator of an estate;\n\t(c)\tretire, or decline to act as trustee of property (not being property vested in it by or pursuant to this Act).\n\t(4)\tAny commission or other remuneration earned by the Trust as an executor, administrator or trustee appointed under the authority of this section shall belong to the Trust and shall be used and applied by it for or towards any object or purpose specified or approved by the Trust.\n27—Trust may hold property jointly\nThe Trust may hold or acquire any real or personal property either alone or jointly with another or others as joint tenants or tenants-in-common.\n28—Regulations\n\t(1)\tThe Trust may make, alter and revoke regulations for the control, management and administration of, and dealings with, the property of the Trust.\n\t(2)\tA certificate signed by the Chairman or Secretary for the time being of the Trust that specifies in the certificate or an annexure thereto the form of a regulation under subsection (1) and in force on a day specified in the certificate shall be conclusive evidence that the regulation was in force in that form on that day.\n\t(3)\tThe Subordinate Legislation Act 1978 does not apply to regulations made under this section.\n29—Co-operative use of property\n\t(1)\tWhere it has been decided in accordance with the regulations and rules of the Trust to enter into a scheme of co-operation with or involving a Church of another denomination or any congregation or activity of such a Church, being a scheme that involves the use of property vested in the Trust, the Trust may, while the scheme of co-operation continues in force, permit that property to be used, managed and administered in connection with that scheme in such manner and upon such conditions as the Trust or any committee appointed by it for the purpose, determines or prescribes, and the proceeds of sale or mortgage or any other dealing with such property and all moneys collected or held in respect of such scheme of co-operation may be paid and applied in such manner as may be determined or prescribed by the Trust or such committee.\n\t(2)\tThe conditions that the Trust may determine or prescribe under subsection (1) may include conditions with respect to the making of contributions of money for the acquisition, construction, alteration, maintenance or repair of assets vested in or held on behalf of a co-operating denomination or congregation and the giving or taking of such security or charge as may be prescribed by any such scheme of co-operation over any property in respect of any contributions of money or in money's worth made or received pursuant to that scheme and any property of the Trust involved in any scheme, is, to the extent prescribed therein, hereby charged.\n\t(3)\tNeither the Registrar-General nor any person dealing bona fide and for value with any property vested in the Trust shall be bound to enquire whether any security or charge referred to in subsection (2) exists or be deemed to have notice of, or be bound by, any such security or charge by virtue only of this Act or the existence of any scheme of co‑operation under this section and—\n\t(a)\ta conveyance, transfer or other assurance to such a person shall operate as a discharge of any security or charge so referred to, insofar as the property conveyed, transferred or assured would, but for this subsection, be subject to the security or charge; and\n\t(b)\ta mortgage or charge in favour of such a person shall have priority over any security or charge so referred to that affects the property mortgaged or charged in favour of that person.\n30—Saving provision\n\t(1)\tThe provisions of section 29 shall apply to and in relation to all property at any time held by the Trust except to the extent that any such property is held subject to any trust expressly forbidding its use in any manner referred to in that section.\n\t(2)\tSubsection (1) shall not prevent the use of property in a manner referred to in section 29 if the property was merely directed to be held on trust for the general purposes of the Roman Catholic Church.\n31—Power to alter trusts\n\t(1)\tSubject to subsection (2), in every case where by reason of the circumstances subsequent to the creation of the trust, including trusts declared under this section, to which any property vested in the Trust is for the time being subject, it has in the opinion of the Trust become impossible or inexpedient to carry out or observe such trusts, it shall be lawful for the Trust by resolution to declare such its opinion, and by the same or any subsequent resolution to declare other trusts for or for the use, benefit, or purpose of and in accordance with the objects of the Trust or, if that is impossible or inexpedient, for the general use, benefit or purpose of the Roman Catholic Church instead of the firstmentioned trusts, and the firstmentioned trusts shall thereupon by force of the resolution cease and determine and the property shall then be held upon the other trusts.\n\t(2)\tThe property shall be dealt with for the same purposes as nearly as may be for the purposes for which the property was immediately before the resolution held unless the Trust, by resolution, declares that by reason of circumstances subsequent to the creation of the firstmentioned trusts it is, in the opinion of the Trust, impossible or inexpedient to deal with or apply the property or some part of the property for the same or similar purposes in which case the property or that part of the property may be dealt with and applied for the use and benefit of the Roman Catholic Church for such other purposes as are declared by resolution of the Trust.\n32—Indemnification of certain persons\nA member of the Trust and any other person, exercising a power or performing a duty pursuant to this Act or pursuant to any resolution or direction of the Trust, his executors and administrators, shall be entitled to be indemnified out of the property of the Trust against all expenses or liabilities incurred by him in connection with the exercise by him of the power and the performance by him of the duty unless incurred in the course of fraudulent or negligent breach of trust.\n33—Blending of Trust funds\n\t(1)\tWhere the Trust holds moneys on trust for different purposes or activities it shall be lawful for the Trust from time to time to invest those moneys or any part or parts of those moneys as one fund and to distribute income arising ratably among the several purposes for which the moneys so invested are held and any loss arising from any such investment shall likewise be borne ratably.\n\t(2)\tThe Trust may make advances out of the moneys referred to in subsection (1) for any purpose of or relating to the Roman Catholic Church and any sum so advanced shall be deemed an investment of moneys and shall bear interest at a rate fixed by the Trust shall (together with the interest) be a charge on the assets of the Roman Catholic Church.\n34—Powers of investment\nThe Trust unless expressly forbidden by any instrument creating any special trust, may invest any funds in its hands, whether at the time in a state of investment or not—\n\t(a)\tin any form of investment in which trustees are by statute authorised to invest trust funds; or\n\t(b)\tin any other manner that the Trust thinks fit.\nLegislative history\nNotes\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\n1981\n3\nRoman Catholic Archdiocese of Adelaide Charitable Trust Act 1981 \n26.2.1981\n19.3.1981 (Gazette 19.3.1981 p740)\n2014\n24\nRoman Catholic Archdiocese of Adelaide Charitable Trust (Membership of Trust) Amendment Act 2014\n11.12.2014\n11.12.2014\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nss 2 and 3\nomitted under Legislation Revision and Publication Act 2002\n11.12.2014\ns 4\n\n\nthe Convent of Mercy and the Sisters of Mercy\ndeleted by 24/2014 s 3(1)\n11.12.2014\ndesignated ministry\ninserted by 24/2014 s 3(2)\n11.12.2014\nSisters of Mercy\ninserted by 24/2014 s 3(3)\n11.12.2014\ns 4A\ninserted by 24/2014 s 4\n11.12.2014\ns 5\n\n\ns 5(1)\namended by 24/2014 s 5\n11.12.2014\nPt 2\n\n\ns 7\n\n\ns 7(1)\namended by 24/2014 s 6\n11.12.2014\n\n(d), (e) deleted by 24/2014 s 6\n11.12.2014\n","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Amendments made in 2014 materially changed the governance and membership mechanics of the Trust and introduced the concept of a \"designated ministry\" (s4A). Where the original text named particular convents or bodies, the current Act permits the Archbishop to declare and substitute designated ministries and to determine successors (s4A), and altered s5 and s7 to broaden how ministries are represented and how trustees can be appointed (including co-option subject to the Archbishop’s approval). These changes broaden the Trust’s internal flexibility and the Archbishop’s discretion over who represents those ministries, thereby expanding the Trust’s governance scope beyond a fixed list of named bodies to a system of discretionary designations and substitutions."},"complexity_factors":["Approx. 34 substantive sections across 4 Parts with multiple governance, property and trust‑alteration rules (Parts 2–4).","About 15 defined terms in the Interpretation section (s4).","Automatic vesting provisions with carve-outs for special trusts/encumbrances (s13(1)–(3)) create conditional logic.","Delegated and discretionary appointment powers (Archbishop nominations, designated ministries, co-opted trustees) increase governance complexity (s4A, s7).","Cross-references between vesting, construction of instruments, and resolution of ambiguities (ss13,15,16) require interpretive steps.","Broad, subjective standards for altering trusts (s31) and blending funds (s33) introduce discretionary multi-step processes.","Registration and administrative simplifications with evidentiary certificates interact with land law and stamp duty exemptions (s21) — multiple statutory regimes intersect.","Regulations made by the Trust are expressly exempted from the Subordinate Legislation Act (s28(3)), changing the usual regulatory oversight pathway.","Evidentiary and third‑party protection rules (ss5(3),19,24) create legal presumptions and practical effects on third-party due diligence.","Recent amendment history (2014) adds the ‘designated ministry’ mechanism and altered membership rules, adding interpretive and administrative layers."],"plain_english_summary":"**What this law does, simply**\n\n- Creates a single corporate charitable trust called the Roman Catholic Archdiocese of Adelaide Charitable Trust (the Trust) and gives it legal powers to own, manage, invest, borrow against, and deal with property and money for specified Roman Catholic charitable purposes (s6, s5).\n- Automatically transfers (vests) certain existing Church properties and charitable undertakings into the new Trust without requiring individual conveyancing transactions (s13). A certificate signed by the Trust is treated as conclusive or prima facie evidence of those facts (s5(3), s19).\n- Sets out who runs the Trust (the Trustees), how they are appointed, meeting rules, age limits and quorum requirements, and how the Trust uses its common seal and executes contracts (ss7–12).\n- Gives the Trust broad powers to manage, alter and combine trusts, to invest and borrow, to accept or renounce executorships, and to permit cooperative use of Trust property with other churches or bodies (ss26, 29, 31–34).\n- Provides practical administrative reliefs: the Registrar-General must register the Trust as owner of land on presentation of the Trust’s certificate without further inquiry or fee (s21); purchasers and other third parties dealing with the Trust are not required to investigate the propriety of the Trust’s internal decisions (s24); and certain Trust regulations are exempt from the usual subordinate legislation oversight (s28(3)).\n\n**Who is affected**\n\n- The Trust itself, its Trustees, and the Archbishop of Adelaide (who has several specific powers under the Act) (s4, s7, s4A).\n- The named religious orders and institutions whose property and charitable undertakings are brought under the Trust (e.g. Salesians, Sisters of Mercy, Sisters of St. Joseph, and the institutions named in s13) and any successor ministries declared under the Act (s4A, s5, s13).\n- Third parties who deal with land or property formerly held by those bodies: conveyancing is simplified (s13, s21) and registration is fee-exempt (s21).\n- Beneficiaries of the Church’s charitable activities (children, aged, infirm, indigent persons, and others specified in s5) because income/property of the Trust must be applied for the Trust’s objects (s5(2)).\n\n**How it works (mechanics and decision-making)**\n\n- Constitution and governance: The Act creates a corporate Trust with perpetual succession and a common seal; Trustees include the Archbishop (or nominee), nominees of designated ministries and co‑opted members (subject to the Archbishop’s approval) (ss6, 7). The Archbishop has formal powers to nominate, to make declarations about which ministries are “designated”, and to publish those declarations (s4A).\n\n- Automatic vesting of property: Specified institutions’ property and property held on their behalf vest automatically in the Trust on the appointed day (no conveyance required) (s13). Certain pre-existing encumbrances (mortgages, reservations, special trusts, trusts in favour of donors) remain excepted (s13(3)).\n\n- Evidence and registration simplifications: A Trust certificate about its holdings is conclusive or prima facie evidence in legal proceedings (s5(3), s19). The Registrar-General must register the Trust as proprietor on production of a certificate and duplicates of title, without further enquiry and without stamp duty or fee (s21).\n\n- Operational powers: The Trust may manage, mortgage, borrow against, invest, sell and otherwise deal with property; it may act as executor or trustee, accept or renounce appointments, and blend funds for investment with ratable sharing of income and losses (ss6(3), 26, 33, 34). It can alter incorporated associations’ rules or accept transfer of their undertakings with the association’s consent (ss17–18).\n\n- Ability to alter trusts: If the Trust considers it impossible or inexpedient to carry out existing trusts, it may, by resolution, declare different trusts aligned to its objects or, if necessary, for the general use of the Roman Catholic Church (s31). The Act places the decision-making about such substitutions with the Trust itself.\n\n- Third‑party protection and administrative exemptions: Those who buy from, lend to, or otherwise deal with the Trust are protected from having to enquire into the propriety of the Trust’s internal decisions (s24). Regulations made by the Trust are not subject to the state’s Subordinate Legislation Act (s28(3)).\n\n**Why the legislature (source) says this matters**\n\n- The Act is framed as consolidating and simplifying the legal administration of particular Catholic Church charitable assets and undertakings under a single corporate vehicle to promote, fund and administer charitable activity within the Archdiocese (s5).\n\n**Testing those purpose-claims against costs, incentives and practical trade-offs**\n\n- Who pays: the Trust’s own assets, income, donations and bequests finance its activities and any liabilities it takes on (s5(1)(c), s33). Where the Trust borrows or mortgages, the Trust (i.e. its assets) bears repayment risk (s6(3), s5(1)(c)). Compensation for compulsory acquisition is recoverable by the Trust (s22).\n\n- Who decides: governance is concentrated in the Trust’s Board of Trustees and the Archbishop. The Archbishop has powers to name or substitute “designated ministries” and to approve co‑opted trustees (s4A, s7(1)(f)). Many discretionary powers (e.g. altering trusts, blending funds, entering co‑operation schemes) are exercised internally by Trust resolution (ss29, 31, 33). This concentrates decision authority inside the Trust rather than with an external regulator.\n\n- Incentives and behavioural effects: centralising assets reduces transaction costs of transfers into the Trust (automatic vesting, no stamp duty, streamlined registration) which encourages consolidation (s13, s21). The Trust’s broad investment and borrowing powers encourage active financial management of Church assets (ss33–34). The power to alter trusts where performance is “impossible or inexpedient” (s31) creates flexibility to redeploy assets to other Church purposes but places a high reliance on Trustees’ judgement.\n\n- Compliance and oversight trade-offs: the Act lowers formal procedural friction (no conveyancing, certification evidence, no registration fees) and limits external scrutiny of internal decisions (s24; s28(3) exempts Trust regulations from Subordinate Legislation Act oversight). That reduces administrative cost but raises implementation risk: interested parties and the public have fewer statutory checks on how the Trust exercises broad discretions.\n\n- Concentrated benefits vs diffuse costs: benefits (control over and use of consolidated Church assets, simplified administration, flexibility to re-purpose assets) are concentrated for the Church and Trustees. Costs (risk of misapplication, lower external oversight, potential changes in use of former charitable property) are diffuse — mainly affecting donors, intended beneficiaries, and the public interest in how charitable assets are used — unless specific protective exceptions (special trusts or donor-favouring trusts) apply (s13(3)).\n\n- Effects on private enterprise and markets: the Act does not regulate private business but does affect property transactions involving the specified Church assets by removing fees and formal conveyancing steps when those assets are registered in the Trust’s name (s21). It also empowers the Trust to borrow and to mortgage property (s6(3)(b)), which may lead the Trust to participate more actively in financial markets.\n\n- Risks of capture or conflict: because appointment, successor designation and major internal powers are exercised by the Archbishop and Trustees (s4A, s7, s31), there is a structural risk that decisions reflect internal Church priorities rather than external accountability. The Act preserves donor and special trusts (s13(3)), which constrains some re‑uses, but the Trust’s ability to alter other trusts by internal resolution (s31) is broad.\n\n**Immediate practical effects to watch for**\n\n- Transfer of titles into the Trust’s name and the practical impact on any existing mortgages, leases or donor-directed uses (s13(3)).\n- Any resolutions by the Trust under s31 changing the purpose of particular trust-held assets.\n- Use of s4A powers by the Archbishop to designate or substitute ministries and the public publication obligations attached to those declarations (s4A(5)–(6)).\n\n**Key provisions cited**: ss4–5, 4A, 6–13, 19–21, 24, 28–34."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent — the full text of the Act, including any amendments, was not accessible due to a website error. The Act title suggests a narrowly focused piece of legislation establishing a single charitable trust, which typically does not undergo significant scope changes."},"complexity_factors":["No actual legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the Act's title, making any complexity assessment speculative","Historical South Australian private/charitable trust Acts of this era (1981) can involve moderately complex trust law concepts, but this cannot be confirmed without the text"],"plain_english_summary":"The Roman Catholic Archdiocese of Adelaide Charitable Trust Act 1981 (SA) appears to be a statute creating a charitable trust for the Archdiocese, giving it legal standing to hold property, receive donations, and govern charitable funds. It would primarily affect the Archdiocese, its trustees, donors, and beneficiaries of its programs. Note: the Act’s text wasn’t retrievable (404), so this is a general, non‑substantive summary."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1981 Act had a fixed membership structure specifically naming \"The Convent of Mercy and the Sisters of Mercy\" and other specific entities. The 2014 amendments introduced a flexible \"designated ministry\" system (section 4A) allowing the Archbishop to declare successors to religious orders that cease to exist. This significantly expanded the Act's adaptability beyond its original fixed institutional framework, allowing it to accommodate organizational changes in religious life without further legislative amendment."},"complexity_factors":["Moderate length (34 sections) with clear Part structure","14 defined terms in section 4, plus 3 additional defined terms embedded in section 4 (Goodwood Orphanage, Largs Bay Orphanage, St John's Boys Home)","Nested conditional logic in section 13(2)-(3) regarding freeing property from trusts while preserving special trusts","Cross-references between sections 4A and 7(1) for designated ministry membership","Multiple savings provisions and protective clauses (sections 24, 30, 33) that create exceptions to general rules","Technical property law concepts (resulting trusts, attornment, vesting) used without explanation","Canon law reference in section 4A(5) creating external legal dependency"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a legal entity called the **Roman Catholic Archdiocese of Adelaide Charitable Trust** — essentially a special-purpose corporation that manages charitable property and activities for the Catholic Church in Adelaide.\n\n**Who it affects:**\n\n- **The Catholic Church in Adelaide** — specifically the Archbishop, three religious orders (the Salesians of St John Bosco, the Sisters of Mercy, and the Sisters of St Joseph), and various Catholic charitable institutions\n- **Donors and benefactors** — people who leave money or property to Catholic charities in their wills\n- **People receiving care** — particularly children in orphanages/homes (Goodwood Orphanage, Largs Bay Orphanage, St John's Boys Home) and other vulnerable people supported by Church charities\n\n**Key things the law does:**\n\n- **Consolidates property**: Automatically transfers ownership of several orphanages and charitable trusts into this new Trust, so they're all managed under one roof\n- **Updates old arrangements**: If someone leaves money in their will to one of the old institutions, the law automatically treats it as a gift to the new Trust instead\n- **Sets up governance**: The Trust is run by the Archbishop plus representatives from the religious orders, with rules about meetings, voting, and who can sign contracts\n- **Gives flexibility**: The Trust can change the purpose of old charitable gifts if the original purpose becomes impossible (for example, if an orphanage closes)\n- **Protects people dealing with the Trust**: Banks, buyers, and government officials don't need to investigate whether the Trust is using its powers properly — they can rely on the Trust's seal and signatures\n\n**Why it matters:**\n\nThis is a **statutory reorganization** of Catholic charitable assets. Instead of dozens of separate small trusts and unincorporated associations holding property, everything gets swept into one legal entity that can buy, sell, borrow, and invest more easily. It also solves practical problems: when orphanages close or merge, the Trust can redirect funds to similar charitable purposes without needing to go to court.\n\nThe 2014 amendments modernized the membership structure, replacing specific references to \"The Convent of Mercy\" with a more flexible system of \"designated ministries\" that the Archbishop can update as religious orders change or merge."}},"importantCases":[],"_links":{"self":"/api/acts/roman-catholic-archdiocese-of-adelaide-charitable-trust-act-1981","history":"/api/acts/roman-catholic-archdiocese-of-adelaide-charitable-trust-act-1981/history","analysis":"/api/acts/roman-catholic-archdiocese-of-adelaide-charitable-trust-act-1981/analysis","conflicts":"/api/acts/roman-catholic-archdiocese-of-adelaide-charitable-trust-act-1981/conflicts","importantCases":"/api/acts/roman-catholic-archdiocese-of-adelaide-charitable-trust-act-1981/important-cases","documents":"/api/acts/roman-catholic-archdiocese-of-adelaide-charitable-trust-act-1981/documents"}}