{"id":"st-nicholas-hospital-sale-land-act-1982","name":"St. Nicholas Hospital (Sale of Land) Act 1982","slug":"st-nicholas-hospital-sale-of-land-act-1982","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174278,"registerId":"vic-st-nicholas-hospital-sale-land-act-1982-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"St. Nicholas Hospital (Sale of Land) Act 1982","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nSt. Nicholas Hospital (Sale of Land) Act 1982\nAct No. 9841/1982\nVersion incorporating amendments as at 21 August 2001\nTABLE OF PROVISIONS\nSection Page\n1. Short title and commencement 2\n2. Definition 2\n3. Surrender of St. Nicholas Hospital site 2\n4. Power to Governor in Council to sell St. Nicholas Hospital\nland as he thinks fit 2\n5. Authority and direction to Registrar of Titles to make\nnecessary cancellations entries etc. 4\n6. No liability to attach to Crown 4\n__________________\nSCHEDULE—Land at Carlton, Parish of Jika Jika, which shall\nbe deemed to be unalienated land of the Crown 5\n═══════════════\nENDNOTES 6\n1. General Information 6\n2. Table of Amendments 7\n3. Explanatory Details 8\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nSt. Nicholas Hospital (Sale of Land) Act 1982\nAct No. 9841/1982\nVersion incorporating amendments as at 21 August 2001\nAn Act to provide for the Surrender to the Crown of certain\nLand the greater part of which is used for the purposes of the\nSt. Nicholas Hospital, which Land is no longer required for the\nPurposes of a Hospital, and to enable the Sale thereof.\nPreamble\nWHEREAS the land shown hatched in the\nSchedule (hereinafter in these recitals called \"the\nSt. Nicholas Hospital land\") was at one time\noccupied by the Royal Children's Hospital:\nAND WHEREAS upon other land more suitable\nfor its purposes being made available to it the\nRoyal Children's Hospital agreed to yield up\npossession of the St. Nicholas Hospital land to the\nintent that it be surrendered to Her Majesty:\nAND WHEREAS the St. Nicholas Hospital land\nhas not been surrendered to Her Majesty:\nAND WHEREAS it is expedient that that land be\nsurrendered to Her Majesty by virtue of this Act:\nAND WHEREAS the greater part of that land is\npresently used for the purposes of the St. Nicholas\nHospital:\nAND WHEREAS it is desirable that the services\nnow provided by the St. Nicholas Hospital be\ndistributed more widely throughout the community\nto enable the more effective provision of those\nservices:\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9841/1982\nSt. Nicholas Hospital (Sale of Land) Act 1982\n2\nAND WHEREAS it is expedient to authorize the\nsale of the St. Nicholas Hospital land or a part or\nparts thereof so that the proceeds of sale may be\napplied for or towards the cost of redistributing the\naforementioned services and of providing further\nand additional services:\nBE IT THEREFORE ENACTED by the Queen's Most\nExcellent Majesty by and with the advice and consent of the\nLegislative Council and the Legislative Assembly of Victoria\nin this present Parliament assembled and by the authority of\nthe same as follows (that is to say):\n1. Short title and commencement\n(1) This Act may be cited as the St. Nicholas\nHospital (Sale of Land) Act 1982.\n(2) This Act shall come into operation on the day\nupon which it receives the Royal Assent.\n2. Definition\nIn this Act \"the St. Nicholas Hospital land\"\nmeans the land shown hatched in the Schedule.\n3. Surrender of St. Nicholas Hospital site\nThe St. Nicholas Hospital land shall be deemed to\nbe unalienated land of the Crown freed and\ndischarged from all rights trusts limitations and\nrestrictions whatsoever and from every estate or\ninterest therein.\n4. Power to Governor in Council to sell St. Nicholas\nHospital land as he thinks fit\n(1) Notwithstanding anything to the contrary in the\nLand Act 1958 or in any other Act or in any law\ncustom or usage the Governor in Council in the\nname of and on behalf of Her Majesty may sell\nthe St. Nicholas Hospital land or any part or parts\nthereof in such manner, whether by auction,\ns. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9841/1982\nSt. Nicholas Hospital (Sale of Land) Act 1982\n3\ntender or private treaty, and for such consideration\nas the Governor in Council thinks fit in the\ncircumstances and may grant land so sold to the\npurchaser subject to such covenants conditions\nexceptions and reservations as the Governor in\nCouncil thinks necessary.\n(2) Any proceeds of a sale under sub-section (1), after\ndeduction of the costs and charges of the sale,\nshall be paid into the Consolidated Fund.\n(3) The Treasurer may under the authority of this\nAct—\n(a) issue and apply out of the Works and\nServices Account; or\n(b) pay out of the Consolidated Fund—\n(which are each hereby to the necessary extent\nappropriated accordingly), or partly in one way\nand partly in the other, an amount not exceeding\nthe amount paid under sub-section (2) into the\nConsolidated Fund.\n(4) The amounts issued and applied or paid out under\nsub-section (3) shall be paid to the Director\nGeneral of Community Services and may be\napplied only for or towards the purpose of\nestablishing accommodation, services and\nfacilities (including services and facilities further\nor additional to the services and facilities which\non the day of commencement of this Act were\navailable at the St. Nicholas Hospital) for\nintellectually handicapped persons.\n(5) In this section \"sell\" includes exchange and\n\"sale\" and \"sold\" have corresponding\ninterpretations.\ns. 4\nS. 4(4)\namended by\nNo. 10262\ns. 4(Sch.) (as\namended by\nNo. 72/1987\ns. 18(Sch. 2\nitem 13)).\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9841/1982\nSt. Nicholas Hospital (Sale of Land) Act 1982\n4\n5. Authority and direction to Registrar of Titles to\nmake necessary cancellations entries etc.\n(1) The Registrar of Titles is hereby authorized and\ndirected to make all such cancellations of or\nentries upon any Crown grant or certificate of title\nor duplicate Crown grant or duplicate certificate\nof title or other document as are necessary or\nexpedient in consequence of this Act and the\nholder of any such duplicate Crown grant or\nduplicate certificate of title or other document\nshall produce the same to the Registrar of Titles\nfor such purpose.\n(2) The Registrar-General is hereby authorized and\ndirected to make all such entries upon the records\nof enrolment of any Crown grant or upon any\nmemorial as are necessary or expedient in\nconsequence of this Act.\n6. No liability to attach to Crown\nNo person or body of persons corporate or\nunincorporate shall be entitled to receive from the\nCrown any money or consideration or\ncompensation in respect of or in any manner\nwhatsoever arising out of any act matter or thing\nunder this Act.\n__________________\ns. 5\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9841/1982\nSt. Nicholas Hospital (Sale of Land) Act 1982\n5\nSCHEDULE\nLAND AT CARLTON, PARISH OF JIKA JIKA, WHICH SHALL BE\nDEEMED TO BE UNALIENATED LAND OF THE CROWN\n═══════════════\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9841/1982\nSt. Nicholas Hospital (Sale of Land) Act 1982\n6\nENDNOTES\n1. General Information\nThe St. Nicholas Hospital (Sale of Land) Act 1982 was assented to on\n21 December 1982 and came into operation on 21 December 1982:\nsection 1(2).\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9841/1982\nSt. Nicholas Hospital (Sale of Land) Act 1982\n7\n2. Table of Amendments\nThis Version incorporates amendments made to the St. Nicholas Hospital\n(Sale of Land) Act 1982 by Acts and subordinate instruments.\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nHealth (Amendment) Act 1985, No. 10262/1985 (as amended by No. 72/1987)\nAssent Date: 10.12.85\nCommencement Date: S. 4(Sch.) on 1.3.86: Government Gazette 26.2.86\np. 451\nCurrent State: This information relates only to the provision/s\namending the St. Nicholas Hospital (Sale of Land)\nAct 1982\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9841/1982\nSt. Nicholas Hospital (Sale of Land) Act 1982\n8\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"There is no evidence of scope change. This appears to be a straightforward single-purpose land sale authorisation Act that did exactly what it was designed to do — permit the sale of a specific parcel of hospital land. No amendments or expansions of scope are evident from the information provided."},"complexity_factors":["Extremely narrow single-purpose legislation with no ongoing regulatory framework","No complex definitions, penalties, or administrative structures","The legislation provided only a one-time legal authorisation — no continuing obligations or rights created","Insufficient text provided to assess any hidden complexity in the actual operative provisions","Historical/spent legislation with minimal contemporary relevance"],"plain_english_summary":"The St. Nicholas Hospital (Sale of Land) Act 1982 is a narrow Victorian law that authorised the one-off sale of a specific parcel of land held for St. Nicholas Hospital. It was a technical measure to provide parliamentary permission where ordinary disposal was legally restricted. Practically, it affected parties at the time of the sale and now exists mainly as a historical, largely spent enactment."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The core scope remains as originally enacted: to deem the specified Carlton land Crown land, permit its sale, and direct sale proceeds toward establishing/expanding services for intellectually handicapped persons. Amendments recorded (Health (Amendment) Act 1985) modify particulars of section 4 but do not alter the Act's fundamental purpose or beneficiaries (see s.4 and Endnotes/Table of Amendments)."},"complexity_factors":["Statutory override of other land laws (explicitly disapplies Land Act 1958 and other laws) creating a special disposal route (s.4(1))","Broad, unqualified discretion given to the Governor in Council to set sale method, price and terms (s.4(1))","Financial flow mechanics: proceeds go to Consolidated Fund but Treasurer authorised to reallocate up to that amount for specified purposes (s.4(2)–(4))","Targeted appropriation requirement limiting use of reallocated funds to accommodation/services for intellectually handicapped persons (s.4(4))","Registrar/Registrar‑General directions to alter title and enrolment records to reflect Crown ownership (s.5)","A no‑compensation clause preventing claims against the Crown in respect of acts under the Act (s.6)","Scope defined by a schedule identifying the specific parcel of land rather than by general criteria (Schedule)","Amendment history noted (Health (Amendment) Act 1985) affecting section 4 detail, requiring attention to historical variants (Endnotes)"],"plain_english_summary":"This Act declares the hatched Carlton site to be unalienated Crown land (s.3) and authorises the Governor in Council to sell all or part of it on terms he chooses, with sale proceeds paid into the Consolidated Fund (s.4(1)–(2)). The Treasurer may allocate amounts to the Director General of Community Services to establish or expand accommodation and services for intellectually handicapped persons (s.4(3)–(4)); the Registrar of Titles must update records (s.5) and no compensation is payable by the Crown under the Act (s.6)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: surrendering and selling the specific St. Nicholas Hospital land and applying proceeds to disability services. The only amendment (1985) updated the recipient of funds from 'Director General of Mental Retardation' to 'Director General of Community Services' — a bureaucratic name change, not a substantive expansion of scope."},"complexity_factors":["Only 6 operative sections plus a Schedule","Single defined term ('the St. Nicholas Hospital land')","No cross-references to other legislation except a brief mention of the Land Act 1958 (to override it)","Straightforward procedural logic: surrender → sell → spend proceeds on specific purpose","Only one amendment since 1982 (a minor update to the department name in section 4(4))","No nested conditions or exceptions to exceptions"],"plain_english_summary":"**What this law does:**\n\nThis Act is a very specific, one-off piece of legislation that deals with a single parcel of land in Carlton, Melbourne — the former site of St. Nicholas Hospital.\n\n**The problem it solves:**\n\nThe Royal Children's Hospital once occupied this land but moved to better premises. The land was supposed to be handed back (\"surrendered\") to the Crown (the government), but this never formally happened. Meanwhile, St. Nicholas Hospital was using most of the site to provide services for intellectually handicapped persons. The government decided to close this hospital and redistribute those services across the community instead.\n\n**What the Act actually does:**\n\n*   **Takes back the land:** It formally declares the St. Nicholas Hospital land to be \"unalienated Crown land\" — meaning it becomes government property, free of any previous ownership claims, trusts, or restrictions.\n*   **Allows the sale:** It gives the Governor in Council (the Victorian Cabinet) power to sell the land by auction, tender, or private treaty, with any conditions they see fit.\n*   **Directs the money:** The sale proceeds go into the government's Consolidated Fund (the state's main bank account). The Treasurer can then spend up to that amount on establishing new accommodation, services and facilities for intellectually handicapped people — either replacing what St. Nicholas Hospital provided or adding new services.\n*   **Fixes the paperwork:** It orders the Registrar of Titles (the government office that records land ownership) to update all the official records to reflect the change.\n*   **Protects the government:** It explicitly states that nobody can sue the Crown or claim compensation for anything done under this Act.\n\n**Who it affects:**\n\nPrimarily the Victorian government, the former hospital operators, and whoever ends up buying the land. It also affects intellectually handicapped persons in Victoria, as the sale proceeds are earmarked for their services.\n\n**Why it matters:**\n\nThis is an example of \"private legislation\" — a law written to solve one specific problem rather than setting general rules. It clears up messy historical land ownership, enables a property sale, and tries to ensure the money is used to improve disability services rather than just disappearing into general revenue."},"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/st-nicholas-hospital-sale-of-land-act-1982","history":"/api/acts/st-nicholas-hospital-sale-of-land-act-1982/history","analysis":"/api/acts/st-nicholas-hospital-sale-of-land-act-1982/analysis","conflicts":"/api/acts/st-nicholas-hospital-sale-of-land-act-1982/conflicts","importantCases":"/api/acts/st-nicholas-hospital-sale-of-land-act-1982/important-cases","documents":"/api/acts/st-nicholas-hospital-sale-of-land-act-1982/documents"}}