{"id":"nsw:act-1919-052","name":"Royal Society for the Welfare of Mothers and Babies’ Incorporation Act 1919","slug":"royal-society-for-the-welfare-of-mothers-and-babies-incorporation-act-1919","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"52 of 1919","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111943,"registerId":"nsw-act-1919-052-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Royal Society for the Welfare of Mothers and Babies’ Incorporation Act 1919](/view/html/inforce/current/act-1919-052), and shall come into force on a date to be proclaimed by the Governor in the Gazette.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> In this Act, unless inconsistent with the context or subject matter:\n> \n> Body corporate means the Royal Society for the Welfare of Mothers and Babies as incorporated by this Act.\n> \n> By-laws and rules means the by-laws and rules of the body corporate.\n> \n> Council means the council of management of the body corporate.\n> \n> General secretary means general secretary for the time being, or any person appointed and for the time being acting in the capacity of general secretary, honorary or otherwise, of the body corporate.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Incorporation of members of society","content":"#### 3 Incorporation of members of society\n\n3 Incorporation of members of society\n\n> All persons who are members of the said society at the passing of this Act, and all other persons who shall, in manner provided by the by-laws and rules or by this Act, become members, shall be, subject to the provisions in this Act contained, a body corporate, by the name of the Royal Society for the Welfare of Mothers and Babies, by which name such body corporate shall have perpetual succession and a common seal, and in that name shall and may sue, and be sued, proceed and be proceeded against, in all courts.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Payments to body corporate out of Consolidated Revenue Fund","content":"#### 4 Payments to body corporate out of Consolidated Revenue Fund\n\n4 Payments to body corporate out of Consolidated Revenue Fund\n\n> There shall be paid to the body corporate out of the Consolidated Revenue Fund in the financial year current at the commencement of this Act an amount of two thousand pounds as an endowment, and such amount is hereby specially appropriated for that purpose.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":null,"content":"#### 5\n\n5 (Repealed)","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Property of society to be vested in body corporate","content":"#### 6 Property of society to be vested in body corporate\n\n6 Property of society to be vested in body corporate\n\n> > (1) Any real or personal property belonging to the said society, or to which it is entitled or which is vested in a trustee or trustees for it at the commencement of this Act, is hereby transferred to and vested in the body corporate, subject to any existing incumbrances affecting the same, excepting any real or personal property held in trust for the said society and which would be forfeited in the event of such property being divested from the trustees thereof. Such property shall be held by such trustees in trust for the body corporate.\n> \n> > (2) All property so vested in the body corporate, so far as the same or any part thereof is affected by any express trust, shall be held, managed, and dealt with by the body corporate subject to and in conformity with such express trust.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Power of council on behalf of body corporate to acquire and hold lands &c","content":"#### 7 Power of council on behalf of body corporate to acquire and hold lands &c\n\n7 Power of council on behalf of body corporate to acquire and hold lands &c\n\n> It shall be lawful for the council on behalf of the body corporate to acquire, hold, and enjoy not only such lands, buildings, and hereditaments as may from time to time be required for its purposes, but also any other lands, buildings, and hereditaments whatsoever and wheresoever situated, and also to acquire, hold, and enjoy any chattels and personal property, and also to sell, grant, convey, demise, or otherwise dispose of, either absolutely or on lease or by way of mortgage, any of the property, real or personal, belonging to the body corporate: Provided that no real property shall be so dealt with or disposed of without the approval of the Governor.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Objects of body corporate","content":"#### 8 Objects of body corporate\n\n8 Objects of body corporate\n\n> The objects and purposes of the body corporate shall be:\n> \n> > (1) The saving of baby life and the amelioration of the conditions of life of children up to the age at which they are required to attend school.\n> \n> > (2) The ensuring of proper nursing and health conditions to every expectant mother prior to and every mother subsequent to childbirth.\n> \n> > (3) Such further objects and purposes as may be proclaimed by the Governor.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Council to administer affairs of body corporate","content":"#### 9 Council to administer affairs of body corporate\n\n9 Council to administer affairs of body corporate\n\n> The body corporate and its business and property shall be governed and carried on and administered by the council for the time being, subject to the by-laws and rules for the time being in force and to this Act and the council may invest the funds of the body corporate in such ways as trust moneys may be invested.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Appointment of officers &c","content":"#### 10 Appointment of officers &c\n\n10 Appointment of officers &c\n\n> The council may appoint such officers, servants, and committees as may be required by the by-laws and rules for transacting the affairs of the body corporate.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"By-laws and rules","content":"#### 11 By-laws and rules\n\n11 By-laws and rules\n\n> > (1) The body corporate may make by-laws and rules, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed and, in particular, for or with respect to the following:\n> > \n> > > (a) the persons entitled to be members of the body corporate or affiliated thereto or to exercise any of the rights and powers of members,\n> > \n> > > (b) the constitution, election, appointment, tenure of office, powers and duties of the council and officers, servants, and committees of the body corporate, and the conditions on which any of such offices or membership of the council or a committee is vacated and the filling of such vacancies,\n> > \n> > > (c) formation of and the duties, rights, and powers of branches and of the members thereof,\n> > \n> > > (d) the meetings of the body corporate and of any committees or branches, and of the council, and the manner of holding and the conduct of business at any meeting, and the quorum required for any meeting,\n> > \n> > > (e) accounts of the body corporate and committees and branches, and audit of the same.\n> \n> > (2) All such by-laws and rules shall:\n> > \n> > > (i) be published in the Gazette,\n> > \n> > > (ii) take effect from the date of publication, or from a later date to be specified in such by-laws and rules, and\n> > \n> > > (iii) (Repealed)\n> \n> > (3) Until such by-laws and rules have been made, the rules and regulations of the said society in force immediately before the commencement of this Act shall, except where inconsistent with this Act and except so far as altered or repealed by any by-law and rules made under this Act, continue binding on the members of the body corporate and its branches.\n> \n> > (4) A by-law or rule made by the Governor and in force immediately before the commencement of Schedule 5 \\[1\\] to the [Health Legislation Amendment Act 2003](/view/html/repealed/current/act-2003-052) continues in force after that commencement as if the by-law or rule had been made by the body corporate.\n> \n> **s 11:** Am 2003 No 52, Sch 5 \\[1\\]–\\[4\\].","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Irregularity in elections &c not to invalidate acts done","content":"#### 12 Irregularity in elections &c not to invalidate acts done\n\n12 Irregularity in elections &c not to invalidate acts done\n\n> No irregularity, informality, or illegality in the election, nomination, or appointment of any member of the council or officer of the body corporate shall render illegal or invalid any act, deed, matter, or thing done or executed, or suffered to be done or executed, by such member of the council or officer, in pursuance of such election, nomination, or appointment, but any such election, nomination, or appointment may by resolution of the council be determined to be good or bad, and if determined to be bad the same shall be invalid accordingly and the vacancy may be filled up under this Act or the by-laws and rules.","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Custody and use of common seal","content":"#### 13 Custody and use of common seal\n\n13 Custody and use of common seal\n\n> The council shall have the custody of the common seal of the body corporate, and a majority of the members of the council present at any duly constituted meeting of the council shall have the power to use or direct the use of such seal for all purposes required to be evidenced by the corporate seal of the body corporate.","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Notice to secretary to be notice to body corporate","content":"#### 14 Notice to secretary to be notice to body corporate\n\n14 Notice to secretary to be notice to body corporate\n\n> Notice to or service upon the general secretary of the body corporate shall be deemed to be a notice to or service upon the body corporate.","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Member of council to be liable for his own acts only","content":"#### 15 Member of council to be liable for his own acts only\n\n15 Member of council to be liable for his own acts only\n\n> The members of the council for the time being of the body corporate shall be respectively charged only for such moneys, stocks, funds, shares, and securities as they shall respectively actually receive, notwithstanding their respectively signing any receipt for the sake of conformity, and shall be answerable and accountable only for their own acts, receipts, neglects, or defaults, and not for those of each other, nor for any banker, broker, or other person with whom any trust moneys or securities may be deposited, nor for the insufficiency or deficiency of any stocks, funds, or securities, nor for any other loss, unless the same shall happen through their own wilful default respectively.","sortOrder":15}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act's core charter—incorporation, property vesting, governance powers and the £2,000 endowment—remains present in the text. The instrument records later modifications: section 5 was repealed (noted as repealed in 1983) and section 11 carries an amendment preserving certain pre‑existing by‑laws (2003 amendment note). Those amendments alter procedural detail and transitional rules but do not appear in the source text to remove the Act's primary corporate and property scope."},"complexity_factors":["Incorporation and perpetual succession of existing and future members (s 3)","Vesting of real and personal property with carve‑outs for existing trusts and trustees (s 6)","Governor's approval required for dealing with real property, and Governor may proclaim additional objects (ss 7, 8)","Broad council governance and investment powers, with discretion over officers, committees and investments (ss 9, 10)","By‑laws and rules must be published in the Gazette and take effect on publication, with transitional continuity of prior rules (s 11)","Limited liability for council members confined to their own acts; accountability limited to willful default (s 15)","Service rules deem notice to general secretary as notice to the body corporate (s 14)","Text shows later amendments/repeals referenced (s 11 note; s 5 repealed), introducing temporal complexity about prior instruments"],"plain_english_summary":"The Act makes the Royal Society for the Welfare of Mothers and Babies a corporate body, vests its property in that body, and allows it to own, sell and invest assets. It sets infant and maternal‑care objects and grants a £2,000 Consolidated Revenue endowment (s 4).\n\nWho pays: Commonwealth endowment (s 4). Who decides: a council governs; the Governor must approve real‑property dealings and may proclaim objects (ss 7, 8, 9). Effect: the society becomes a legal person with property control and rule‑making duties (ss 3, 6, 11)."},"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"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act appears to have remained focused on its original purpose of incorporating this single charitable organisation. The 2004 amendment (the only version change visible) appears to have been a minor administrative update rather than a substantive change in scope. The organisation's core function — welfare of mothers and babies — remains unchanged from the original 1919 intent."},"complexity_factors":["Extremely narrow and specific purpose — a single-organisation incorporation Act","Very little substantive legislative content visible in the provided text","Over 100 years old, meaning historical context requires some background knowledge to understand","Multiple responsible ministers creates mild ambiguity about administrative oversight","No regulatory scheme, offences, or enforcement mechanisms apparent"],"plain_english_summary":"The Act formally incorporates the Royal Society for the Welfare of Mothers and Babies (now Tresillian Family Care Centres) under NSW law, giving the organisation legal personality to hold assets, enter contracts, employ staff and be sued. It affects the charity’s clients, donors, employees and contractors, and — despite minimal practical detail — remains in force after a century, overseen by relevant ministers."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: incorporating the Royal Society for the Welfare of Mothers and Babies and establishing its governance framework. The 2003 amendments visible in section 11 appear to be technical updates regarding by-law making powers rather than substantive expansion of scope. The core objects in section 8 (saving baby life, ensuring proper nursing for mothers) remain unchanged."},"complexity_factors":["Only 4 defined terms in the interpretation section (s 2)","Straightforward sequential structure with minimal cross-referencing","Simple conditional logic: primarily 'subject to' clauses and one proviso in s 7","Single amendment note visible (s 11 amended in 2003) indicating limited modern modification","No nested exceptions or complex temporal provisions","Archaic but clear drafting style typical of early 20th century statutes"],"plain_english_summary":"This 1919 Act creates a legal entity called the **Royal Society for the Welfare of Mothers and Babies** and gives it special powers to operate as a charity focused on maternal and infant health.\n\n**What it does:**\n- **Incorporates** the existing Society, turning its members into a \"body corporate\" (a legal entity that can own property, sue, and be sued in its own name)\n- Gives the Society **perpetual succession** (it continues to exist even as individual members come and go) and a **common seal** (an official stamp for legal documents)\n- Transfers all existing property of the Society to this new legal entity\n- Provides a **£2,000 government endowment** (a one-off payment from public funds) to get it started\n- Allows the Society to **buy, sell, and manage property**, though selling real estate requires Governor approval\n- Sets up a **Council** to run the organisation and make **by-laws** (internal rules) for membership, elections, meetings, and finances\n\n**Who it affects:**\n- Members of the Royal Society for the Welfare of Mothers and Babies\n- Expectant mothers and young children (the intended beneficiaries)\n- The Council members who govern the organisation\n\n**Why it matters:**\nThis was early social legislation establishing a government-backed charity to reduce infant mortality and improve maternal health—significant public health concerns in 1919. It creates a hybrid model: a private charitable body with public funding and some government oversight (the Governor approves major property deals and can proclaim additional purposes). The Act still operates today, though it has been amended over time."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/royal-society-for-the-welfare-of-mothers-and-babies-incorporation-act-1919","history":"/api/acts/royal-society-for-the-welfare-of-mothers-and-babies-incorporation-act-1919/history","analysis":"/api/acts/royal-society-for-the-welfare-of-mothers-and-babies-incorporation-act-1919/analysis","conflicts":"/api/acts/royal-society-for-the-welfare-of-mothers-and-babies-incorporation-act-1919/conflicts","importantCases":"/api/acts/royal-society-for-the-welfare-of-mothers-and-babies-incorporation-act-1919/important-cases","documents":"/api/acts/royal-society-for-the-welfare-of-mothers-and-babies-incorporation-act-1919/documents"}}