{"id":"nsw:act-1912-005","name":"Saint Vincent’s Hospital Act 1912","slug":"saint-vincent-s-hospital-act-1912","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"5 of 1912","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111977,"registerId":"nsw-act-1912-005-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 [Saint Vincent’s Hospital Act 1912](/view/html/inforce/current/act-1912-005).","sortOrder":0},{"sectionNumber":"1A","sectionType":"section","heading":"Application of Act","content":"#### 1A Application of Act\n\n1A Application of Act\n\n> This Act (section 7 excepted) does not apply to or in respect of—\n> \n> > (a) the land comprised in the folio of the Register kept under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) and identified as Volume 8293 Folio 193, and\n> \n> > (b) the land delineated by a plan of subdivision certified by the Minister for Health under section 4 of the [Saint Vincent’s Hospital (Amendment) Act 1987](/view/pdf/asmade/act-1987-239) and registered under Division 3 of Part 23 of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006).\n> \n> **s 1A:** Ins 1985 No 74, Sch 1 (1). Subst 1987 No 239, sec 5.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Trustees","content":"#### 2 Trustees\n\n2 Trustees\n\n> > (1) For the purposes of this Act the persons referred to in subsection (2) are the trustees of all land belonging to or used in connection with St Vincent’s Hospital, Darlinghurst or acquired to be used in connection with the hospital.\n> \n> > (2) The trustees are as follows—\n> > \n> > > (a) the chair of St. Vincent’s Hospital Sydney Limited (ACN 054 038 872),\n> > \n> > > (b) the chief executive officer of St Vincent’s Health Australia Ltd (ACN 073 503 536),\n> > \n> > > (c) the company secretary of St Vincent’s Health Australia Ltd (ACN 073 503 536),\n> > \n> > > (d) if an office referred to in paragraphs (a)–(c) ceases to exist—the holder of an office prescribed by the regulations.\n> \n> > (3) The trustees may delegate the exercise or performance of a power, authority or duty imposed or conferred on them under this Act, other than this power of delegation, to—\n> > \n> > > (a) a member of staff of the hospital, or\n> > \n> > > (b) a person or body, or a class of persons or bodies, prescribed by the regulations.\n> \n> **s 2:** Am 1982 No 18, Sch 1 (1); 1985 No 74, Sch 1 (2). Subst 2020 No 32, Sch 8\\[1\\].","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Vesting of land described in First Schedule","content":"#### 3 Vesting of land described in First Schedule\n\n3 Vesting of land described in First Schedule\n\n> > (1) The land described in the First Schedule hereto upon which the said hospital and the residence for the Sisters of Charity in connection therewith was built at the commencement of this Act is hereby vested in the said trustees and their successors for an estate in fee simple upon trust for the maintenance thereon of the said hospital and for no other trusts and purposes whatsoever, but subject to the powers hereinafter contained.\n> \n> > (2) (Repealed)\n> \n> **s 3:** Am 1982 No 18, Sch 1 (2); 1985 No 74, Sch 1 (3).","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Vesting of land described in Second Schedule","content":"#### 4 Vesting of land described in Second Schedule\n\n4 Vesting of land described in Second Schedule\n\n> The land described in the Second Schedule hereto is hereby vested in the said trustees and their successors for an estate in fee simple upon trust for the benefit of the said hospital but subject to the powers hereinafter contained.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Power to mortgage land","content":"#### 5 Power to mortgage land\n\n5 Power to mortgage land\n\n> The trustees may, for any purpose of or connected with the hospital, from time to time borrow money on the security of the whole or any portion of the land described in the Second Schedule or acquired at any time by the trustees, but not land described in the First Schedule.\n> \n> **s 5:** Subst 1982 No 18, Sch 1 (3).","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Power to lease land","content":"#### 6 Power to lease land\n\n6 Power to lease land\n\n> > (1) The trustees may, for any purpose of or connected with the hospital, from time to time lease any portion of the land described in the First or Second Schedule or acquired at any time by the trustees for a term not exceeding 40 years.\n> > \n> > > (a), (b) (Repealed)\n> \n> > (2) The trustees may give to the lessee of any lease under subsection (1) an option of renewal if the aggregate duration of the lease and any such renewal does not exceed the maximum term for which the lease might have been granted to the lessee under that subsection.\n> \n> > (3) Where land is not immediately required for use for any purpose of or connected with the hospital, the trustees may lease the land under subsection (1) for any other use.\n> \n> > (4) The trustees are not required to obtain a fair market rental for a lease under subsection (1) to—\n> > \n> > > (a) a public or local authority constituted by or under an Act, or\n> > \n> > > (b) a university established or recognised under an Act of this State or another State or Territory or the Commonwealth, or\n> > \n> > > (c) a registered entity within the meaning of the [Australian Charities and Not-for-profits Commission Act 2012](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **s 6:** Ins 1982 No 18, Sch 1 (3). Am 2020 No 32, Sch 8\\[2\\]–\\[4\\].","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Effect of Crown grant etc","content":"#### 7 Effect of Crown grant etc\n\n7 Effect of Crown grant etc\n\n> The title to that portion of the land described in the First and Second Schedules that was granted by the Crown to Alicia de Lacy, John Hubert Plunkett and Sir Charles Nicholson on 17 January 1855 upon trust for the erection of a hospital and residence for the Sisters of Charity in connection therewith shall not be held bad either at law or in equity by reason of any breach or non-performance (whether before or after the commencement of the [Saint Vincent’s Hospital (Amendment) Act 1982](/view/pdf/asmade/act-1982-18)) of any trust, condition, reservation or proviso contained in the Crown grant or in any instrument of conveyance of the land executed before the commencement of this Act, and any provision in the Crown grant or instrument for forfeiture or reverter in the event of any such breach or non-performance shall be deemed to have been released by or on behalf of the Crown as from the date of the Crown grant or instrument, as the case may be.\n> \n> **s 7:** Ins 1982 No 18, Sch 1 (3).","sortOrder":7},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nThe First Schedule\n\nALL that piece or parcel of land containing by admeasurement 1 acre 2 roods 35 perches, situated at Darlinghurst, in the parish of Alexandria, county of Cumberland, State of New South Wales, be the hereinafter dimensions a little more or less: Commencing at a point, being the intersection of the southern side of Burton-street with the south-eastern side of Victoria-street; and bounded thence on the north-west by the south-eastern side of Victoria-street, being a line bearing 213 degrees 32 minutes 362 feet 1¾ inches; thence on the south-west, south-east, again on the south-west, again on the south-east, and again on the south-west by lines bearing 123 degrees 32 minutes 91 feet 7½ inches, 32 degrees 39 minutes 173 feet 7¾ inches, 123 degrees 32 minutes 78 feet, 33 degrees 32 minutes 22 feet, and 123 degrees 32 minutes 127 feet respectively; thence again on the south-east by the north-western side of West-street, being a line bearing 19 degrees 33 minutes 221 feet, 0¾ inches; and thence on the north-east and north by the south-western and southern sides of Burton-street, being lines bearing 303 degrees 41 minutes 40 seconds 164 feet 2¾ inches, and 271 degrees 7 minutes 20 seconds 90 feet 4¾ inches, to the point of commencement,—being part of the land, containing 3 roods and 35 perches, granted to Alicia de Lacy, John Hubert Plunkett, and Sir Charles Nicholson, on 17th January, 1855, upon trust for the erection of an hospital and residence for the Sisters of Charity in connection therewith; part of the land containing 2 roods 36½ perches, conveyed by Joseph Burdekin Holdsworth to Francis McNab and Margaret O’Brien, on the 2nd January, 1865; part of the land containing 2 roods and 20 perches, conveyed by Joseph Burdekin Holdsworth to Margaret O’Brien and Robert Coveny, on 29th July, 1870; and part of the land conveyed by Edward West Dobson to Bridget McGuigan, Mary Anne Cunningham, and Mary Agnes Davis, on 27th September, 1889.","sortOrder":8},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nThe Second Schedule\n\nAll that piece or parcel of land situated at Darlinghurst, in the parish of Alexandria, county of Cumberland, State of New South Wales, be the hereinafter dimensions a little more or less: Commencing at a point on the south-eastern side of Victoria-street 213 degrees 32 minutes 362 feet 1¾ inches from the southern side of Burton-street; and bounded thence on the north-east, on the north-west, again on the north-east, again on the north-west, and again on the north-east by lines bearing 123 degrees 32 minutes 91 feet 7½ inches, 32 degrees 39 minutes 173 feet 7¾ inches, 123 degrees 32 minutes 78 feet, 33 degrees 32 minutes 22 feet, and 123 degrees 32 minutes 127 feet respectively; thence on the south-east by the north-western sides of West-street and Great Barcom-street (now Barcom-avenue) bearing south-westerly in all 142 feet; thence on the south-west by a line passing along the south-western side of a wall and a fence bearing north-westerly 94 feet 6 inches; thence again on the south-east and again on the north-east by fences bearing south-westerly in all 36 feet and south-easterly 85 feet; thence again on the south-east by Great Barcom-street (now Barcom-avenue) bearing south-westerly 42 feet; thence again on the south-west, again on the north-west, and again on the north-east by fenced lines bearing north-westerly 125 feet 5 inches, south-westerly 50 feet, 32 feet 9 inches, 19 feet 6 inches, and 37 feet 9 inches respectively, and south-easterly 61 feet 4 inches and 21 feet 4 inches respectively; thence again on the south-east by Great Barcom street (now Barcom-avenue) bearing south-westerly 60 feet 8 inches; thence again on the south-west by a line, a fenced line, and a line passing along the north-eastern side of a brick wall bearing north-westerly 195 feet 8 inches; thence again on the north-west by a line bearing 78 feet 1 inch, again on the south-west by a line passing along the north-eastern sides of the brick pins of a brick wall bearing 303 degrees 1 minute 20 seconds 84 feet 8 inches, and again on the north-west by the south-eastern side of Victoria-street bearing 33 degrees 32 minutes 133 feet to the point of commencement,—being part of the land granted to Alicia de Lacy, John Hubert Plunkett, and Sir Charles Nicholson on the 17th January, 1855, upon trust for the erection of an hospital and residence for the Sisters of Charity in connection therewith; part of the land conveyed by Joseph Burdekin Holdsworth to Francis McNab and Margaret O’Brien on the 2nd January, 1865; part of the land conveyed by Joseph Burdekin Holdsworth to Margaret O’Brien and Robert Coveny on 27th July, 1870; part of the land containing 3 roods 1¼ perches conveyed by Edward West Dobson to Bridget McGuigan, Mary Ann Cunningham, and Mary Agnes Davis on 27th September, 1889; the whole of the land conveyed by Louisa Marshall to Bridget McGuigan, Georgina Russell, and Elizabeth Bourke on the 25th April, 1904; the whole of the land conveyed by Catherine Forssberg and others to Bridget McGuigan, Helena Bourke, and Mary Magdalene Healy on 7th October, 1910; and the whole of the land conveyed by Patrick Toner to Bridget McGuigan, Helena Bourke, and Mary Magdalene Healy on 16th June, 1911.","sortOrder":9}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1912 Act was a simple vesting of land in trustees for a Catholic hospital operated by the Sisters of Charity. Over 110 years, it has evolved into a sophisticated land management statute. The 1982 amendments added borrowing and leasing powers. The 1985/1987 amendments carved out specific land exclusions. The 2020 amendments fundamentally changed the trustee structure from individual religious appointees to corporate office-holders, reflecting the hospital's secularisation and corporatisation. The Act now functions as a perpetual statutory trust and land management framework rather than a simple conveyance."},"complexity_factors":["Multiple amendment layers (1912 original, with substantial changes in 1982, 1985, 1987, and 2020) creating a patchwork text","Extensive historical land descriptions in Schedules using obsolete measurement units (roods, perches, bearings in degrees/minutes) and archaic conveyancing references","Cross-references to multiple external Acts (Real Property Act 1900, Conveyancing Act 1919, Australian Charities and Not-for-profits Commission Act 2012)","Conditional logic distinguishing between First Schedule land (core hospital site, inalienable) and Second Schedule land (can be mortgaged)","Delegated powers with exclusions (trustees can delegate except the power of delegation itself)","Replacement provisions for offices that 'cease to exist' requiring regulatory backup"],"plain_english_summary":"This Act sets up a special legal framework for managing the land owned by St Vincent's Hospital in Darlinghurst, Sydney.\n\n**What it does:**\n- **Establishes trustees**: The Act names specific office-holders from St Vincent's Hospital Sydney Limited and St Vincent's Health Australia Ltd as the legal owners (trustees) of the hospital's land. If those offices don't exist anymore, regulations can appoint replacements.\n- **Vests land in trustees**: It transfers ownership of two specific parcels of hospital land (described in great detail in Schedules 1 and 2) to these trustees, to be held in trust for hospital purposes.\n- **Gives powers to manage the land**: The trustees can:\n  - **Borrow money** using the Second Schedule land as security (but not the First Schedule land)\n  - **Lease land** for up to 40 years, with options to renew\n  - **Lease unused land** for other purposes when not needed for the hospital\n  - **Charge below-market rent** to public authorities, universities, and registered charities\n- **Protects the title**: It fixes a historical legal problem by declaring that the hospital's land title is valid, even if there were technical breaches of the original 1855 Crown grant conditions (this prevents the land from reverting to the Crown).\n- **Excludes certain land**: Two specific parcels of land are explicitly excluded from the Act's operation.\n\n**Who it affects:**\n- St Vincent's Hospital and its governing bodies\n- Anyone leasing land from the hospital\n- The Sisters of Charity (the original beneficiaries of the 1855 grant)\n\n**Why it matters:**\nThis is a **statutory trust deed** that has been updated over 100 years to keep pace with how the hospital is governed. Without it, the hospital might face legal uncertainty about who actually owns its land, and it wouldn't have clear powers to mortgage or lease property to fund operations. The 2020 amendments modernised the trustee structure to match current corporate governance arrangements."},"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":4,"scope_assessment":{"changed":true,"description":"The Act’s scope has changed from its original 1912 form. Trustee identity and governance were modernised to specified corporate office-holders (s 2, substituted), delegation powers were added allowing staff or prescribed bodies to exercise trustee functions (s 2(3)), and powers to mortgage and lease were clarified and limited (mortgages permitted on Second Schedule/acquired land but not First Schedule land — s 5; leases up to 40 years and renewals subject to aggregate term limits — s 6). A 1980s/2020s amendment history also introduced a statutory release of forfeiture/reverter under the Crown grant (s 7) and an application exclusion for certain titled/subdivided land (s 1A), narrowing and reconfiguring the Act’s operational reach."},"complexity_factors":["Mixed regime of vested trusts and statutory powers (vesting in trust plus express powers to mortgage, lease, and delegate) — ss 3–6","Differentiated treatment of First Schedule land (protected from mortgage) versus Second Schedule/acquired land (mortgageable) — s 5","Detailed, historical land descriptions in two Schedules creating precise property boundaries and potential title questions","Modernisation of trustee identity to corporate office-holders and fallback to regulation-prescribed offices — s 2 (as substituted)","Delegation power allowing internal staff or prescribed persons/bodies to exercise trustee powers, introducing administrative discretion — s 2(3)","Non-market rent exception for public authorities, universities and registered charities which alters commercial incentives for leasing — s 6(4)","Statutory release of forfeiture/reverter tied to historical Crown grant obligations, affecting title security and past breaches — s 7","Amendment history embedded in the text (insertions/substitutions) indicating evolving scope and interpretation risks"],"plain_english_summary":"This Act vests specified Darlinghurst land in named trustees for use as St Vincent’s Hospital, redefines who the trustees are (now certain corporate office-holders), and authorises trustees to lease land (up to 40 years), mortgage certain land, and delegate powers. It also validates past Crown grants by removing forfeiture/reverter consequences tied to historical breaches. It affects the hospital’s governing officers, potential lenders and lessees (including universities and charities), because it changes how the hospital can raise debt, grant long leases, and manage property assets."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have remained largely unchanged since at least 1987, with only a minor update effective 1 January 2021. There is no evidence from the provided content that the scope has shifted significantly from its original purpose of governing Saint Vincent's Hospital."},"complexity_factors":["Only metadata and navigation content was provided — no substantive operative provisions are visible for analysis","The Act is very old (1912) which can introduce archaic language and concepts if the full text were reviewed","Multiple ministerial responsibilities (Health, Regional Health, Mental Health) suggest some breadth of scope","Limited version history suggests minimal amendments, which reduces complexity"],"plain_english_summary":"Saint Vincent’s Hospital Act 1912 is a long-standing NSW law that gives legal effect to Saint Vincent’s Hospital’s status and governance; it remains in force today under the Health Ministers’ portfolio with updates as recently as 2021. It principally affects the hospital’s stakeholders — patients, staff, and trustees — because it underpins the hospital’s authority to operate, hold property and enter legal arrangements, though the full operative text wasn’t provided."}},"importantCases":[],"_links":{"self":"/api/acts/saint-vincent-s-hospital-act-1912","history":"/api/acts/saint-vincent-s-hospital-act-1912/history","analysis":"/api/acts/saint-vincent-s-hospital-act-1912/analysis","conflicts":"/api/acts/saint-vincent-s-hospital-act-1912/conflicts","importantCases":"/api/acts/saint-vincent-s-hospital-act-1912/important-cases","documents":"/api/acts/saint-vincent-s-hospital-act-1912/documents"}}