{"id":"nsw:act-1974-056","name":"Sydney Rescue Work Society Act 1974","slug":"sydney-rescue-work-society-act-1974","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"56 of 1974","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110202,"registerId":"nsw-act-1974-056-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 [Sydney Rescue Work Society Act 1974](/view/html/inforce/current/act-1974-056).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act, except in so far as the context or subject-matter otherwise indicates or requires:\n> \n> association means the unincorporated association formed in Sydney on 29 February 1890 and known as the “Sydney Rescue Work Society”.\n> \n> corporation means the company registered on 28 July 1948 under the [Companies Act 1936](/view/pdf/asmade/act-1936-33) with the corporate name of “Sydney Rescue Work Society”.\n> \n> property includes real and personal property and any estate or interest of any description or tenure in any real or personal property and any debt or thing in action.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Dissolution of unincorporated association","content":"#### 4 Dissolution of unincorporated association\n\n4 Dissolution of unincorporated association\n\n> The association is hereby dissolved.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Vesting of certain property in corporation","content":"#### 5 Vesting of certain property in corporation\n\n5 Vesting of certain property in corporation\n\n> > (1) Subject to this Act, any property that immediately before the commencement of this Act, was vested in the association or in any person in trust for, or on behalf of, the association is hereby divested from the association or that person, as the case may be, and is hereby vested in the corporation freed and discharged from any trusts (other than trusts referred to in subsection (2)) affecting it immediately before that commencement.\n> \n> > (2) The vesting effected by subsection (1) does not prejudice or affect:\n> > \n> > > (a) any special trust,\n> > \n> > > (b) any resulting trust,\n> > \n> > > (c) any trust in favour of a donor,\n> > \n> > > (d) any trust in favour of a person other than an association or a company, or\n> > \n> > > (e) any reservation, mortgage, charge, encumbrance, lien or lease,\n> > \n> > that, immediately before the commencement of this Act, affected the property vested.\n> \n> > (3) An attornment to the corporation by any lessee of property vested in it by this section is not necessary.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Construction of certain instruments","content":"#### 6 Construction of certain instruments\n\n6 Construction of certain instruments\n\n> > (1) To the extent to which, by a deed, will or other instrument that takes effect on or after the commencement of this Act, any property:\n> > \n> > > (a) is devised, bequeathed, given, granted, released, conveyed or appointed to the association or to a person (not being the corporation) for, or for the benefit of, or in trust for, the association or the work of the association or is declared or directed to be held by any person (not being the corporation) for or for the benefit of, or in trust for, the association or the work of the association,\n> > \n> > > (b) is recoverable by the association or by any person (not being the corporation) for the association, or\n> > \n> > > (c) is payable to, or receivable by the association or by any person (not being the corporation) on behalf of the association, or for the work of the association,\n> > \n> > the deed, will or other instrument shall be construed and take effect as if the reference therein to the association or person, as the case may be, were a reference to the corporation.\n> \n> > (2) A receipt or acknowledgment for any property that vests in the corporation pursuant to this section exonerates the person or persons liable to pay, deliver or transfer the property to the corporation for the loss, misapplication or non-application thereof, if the receipt or acknowledgment:\n> > \n> > > (a) is executed under the common seal of the corporation,\n> > \n> > > (b) is in writing signed by two persons purporting to be directors of the corporation, or\n> > \n> > > (c) is in writing signed by a person or persons purporting to be duly authorised for the purpose by the directors of the corporation or by any two of them.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Transfer to corporation of certain assets and liabilities","content":"#### 7 Transfer to corporation of certain assets and liabilities\n\n7 Transfer to corporation of certain assets and liabilities\n\n> At the commencement of this Act:\n> \n> > (a) any moneys and liquidated or unliquidated claims that, immediately before that commencement, were payable to or recoverable by the association or by any person on behalf of the association become moneys payable to, or claims recoverable by, the corporation,\n> \n> > (b) any debts due and moneys payable by, and any claims, liquidated or unliquidated, recoverable against, the association, or any person on behalf of the association (being debts, moneys and claims due, payable or recoverable immediately before that commencement) become debts due and moneys payable by, and claims recoverable against, the corporation,\n> \n> > (c) any proceedings that, immediately before that commencement, were pending at the suit or on the application of the association or any person on behalf of the association become proceedings pending at the suit or on the application of the corporation,\n> \n> > (d) any contract, agreement or undertaking entered into with, and any security given to or by any person on behalf of, the association and in force immediately before that commencement becomes a contract, agreement or undertaking entered into with, and a security given to or by, the corporation, and\n> \n> > (e) the corporation may enforce and realise any security or charge in favour of the association, or any person on behalf of the association, as if it were a security or charge in favour of the corporation.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Corporation may act as executor etc","content":"#### 8 Corporation may act as executor etc\n\n8 Corporation may act as executor etc\n\n> > (1) The corporation may, if it is otherwise competent so to do:\n> > \n> > > (a) apply 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 corporation has a beneficial interest, vested or contingent, in the estate of that person, or\n> > \n> > > (b) accept appointment, and act as trustee or co-trustee under and in pursuance of any trust where the trust property is not vested in the corporation by, or pursuant to, this Act, and the trust was created wholly or partly for the benefit of the corporation,\n> > \n> > and 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> \n> > (2) On behalf of the corporation, a member of or a person employed by the corporation for the purpose may swear an affidavit, make a declaration or statement, give security and do any other act or thing that is, by any Act, rule or regulation, required to be done by a person applying for or granted probate or letters or administration, or administering a trust, as the case may be.\n> \n> > (3) Where the corporation is appointed executor or administrator, it shall be subject to the same control and to removal or restraint from acting and generally to the jurisdiction of the Courts in the same manner as any other executor or administrator and, subject to the [Trustee Act 1925](/view/html/inforce/current/act-1925-014), all property of the corporation is liable for the proper discharge of the duties of its office as executor or administrator.\n> \n> > (4) The corporation may:\n> > \n> > > (a) renounce executorship,\n> > \n> > > (b) decline to act as administrator of an estate,\n> > \n> > > (c) retire, or decline to act as trustee of property (not being property vested in it by or pursuant to this Act).\n> \n> > (5) Any commission or other remuneration earned by the corporation as an executor, administrator or trustee appointed under the authority of this section, belongs to the corporation and shall be used and applied by the corporation for or towards any object or purpose of the corporation.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Evidence","content":"#### 9 Evidence\n\n9 Evidence\n\n> Where the corporation gives a certificate under its common seal to the effect that the estate or interest of specified persons in land described in the certificate is an estate or interest vested in the corporation by section 5, the certificate is:\n> \n> > (a) for any purpose connected with the title to the land described in Part 1 of the Schedule, or\n> \n> > (b) for the purposes of an application under section 46C of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) to vest in the corporation any land described in Part 2 of the Schedule,\n> \n> conclusive evidence of the matter certified.","sortOrder":8},{"sectionNumber":"sch","sectionType":"schedule","heading":null,"content":"# sch\n\nSchedule\n\n(Section 9)","sortOrder":9},{"sectionNumber":"Part 1","sectionType":"part","heading":"Land under old system title","content":"# Part 1 Land under old system title\n\nPart 1 Land under old system title","sortOrder":10},{"sectionNumber":"Part 2","sectionType":"part","heading":"Land under the Real Property Act 1900","content":"# Part 2 Land under the Real Property Act 1900\n\nPart 2 Land under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025)","sortOrder":19}],"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act changes legal ownership and responsibility by dissolving the unincorporated association and vesting its assets, liabilities, contracts and proceedings in the existing corporation (see ss 4–7). It does not expand the association’s objects but substitutes the corporate entity as owner/party while preserving specified trusts and encumbrances (s 5(2)) and providing evidentiary and receipt rules for dealings (s 6(2), s 9). Commencement is by Governor proclamation (s 2)."},"complexity_factors":["Statutory vesting of all association property, rights and liabilities into a corporate entity (ss 4–7).","Multiple exceptions preserving special trusts, resulting trusts, donor trusts and existing encumbrances (s 5(2)).","Construction rule that redirects future gifts, bequests and payments intended for the association to the corporation (s 6(1)).","Evidentiary and exoneration mechanics for third parties: corporate common-seal certificates and signed receipts exonerate payers (s 6(2), s 9).","Corporation authorised to act as executor, administrator or trustee with attendant court supervision and remuneration rules (s 8).","Interplay with other statutes: references to the Trustee Act 1925 and the Real Property Act 1900 (ss 8(3), 9).","Detailed land descriptions in the Schedule requiring property-title matching and possible dealings under different land-title systems (Schedule Parts 1 & 2).","Commencement by Governor proclamation creates an implementation timing and administrative step (s 2)."],"plain_english_summary":"This Act dissolves the unincorporated Sydney Rescue Work Society and transfers its property, contracts, claims, debts, securities, pending proceedings and liabilities to the company called the Sydney Rescue Work Society. It preserves existing special or donor trusts and existing encumbrances. The corporation may act as executor or trustee, its signed receipts or common-seal certificates exonerate payers, and its certificates are conclusive evidence of title for the lands listed in the Schedule."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available metadata, the Act appears to have remained exactly as originally enacted in 1974, with no amendments recorded. There is no evidence of scope change from original intent. The legislation has had a single in-force version for over 50 years."},"complexity_factors":["Substantive legislative text was not available for analysis — only metadata and website navigation were provided","Acts of this type (private/local incorporation acts) are typically straightforward, dealing with a single organisation","No amendments have been made since 1974, suggesting the legislation is simple and self-contained","Narrow scope limited to a single named organisation reduces interpretive complexity"],"plain_english_summary":"The Sydney Rescue Work Society Act 1974 is a narrow NSW private/local law concerning the Sydney Rescue Work Society. Though the Act’s text isn’t provided here, it has been in force unchanged since 27 September 1974 and likely sets out corporate, property and governance arrangements typical for charitable societies.\n\nIt primarily affects the Society, its officers, members and related property or funds, and has virtually no broader public impact."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: the corporate conversion of the Sydney Rescue Work Society. The scope has not expanded beyond the technical legal mechanics of dissolving an unincorporated association and vesting its assets in a successor corporation."},"complexity_factors":["Only 3 defined terms in the interpretation section (section 3)","Straightforward sequential structure (dissolution → vesting → construction of instruments → transfer → evidence)","Single nested exception in section 5(2) listing 5 protected trust types","No cross-references to other Acts except standard citations (Companies Act 1936, Trustee Act 1925, Real Property Act 1900)","Schedule contains verbose but standard 19th-century style land descriptions (metes and bounds) that are mechanically complex but legally routine","No conditional logic beyond 'subject to this Act' and temporal triggers ('immediately before the commencement of this Act')","Length is short (9 sections plus schedule)"],"plain_english_summary":"**What this law does:**\n\nThis Act is a **corporate conversion statute** — it dissolves an old unincorporated charity (the Sydney Rescue Work Society, formed in 1890) and transfers all its assets, debts, and legal obligations to a new company structure (a corporation registered in 1948).\n\n**Who it affects:**\n\n* The **Sydney Rescue Work Society** itself — it ceases to exist as an unincorporated association and becomes a company\n* **Donors and benefactors** — people who left money or property to the Society in their wills\n* **Creditors and debtors** — anyone who owed money to, or was owed money by, the old association\n* **Property owners and tenants** — particularly around Surry Hills, Newtown, and Hornsby in Sydney, where the Society owned land\n\n**Why it matters:**\n\nBefore this Act, the Society operated as an **unincorporated association** — a loose group without separate legal personality. This meant it couldn't own property in its own name, sue or be sued easily, or enter contracts cleanly. The Act solves this by:\n\n* **Dissolving** the old association (Section 4)\n* **Transferring all property** — land, money, debts, contracts, and court cases — to the new corporation (Sections 5, 7)\n* **Protecting existing trusts** — special conditions on gifts (like \"use this money for women's shelters\") remain intact (Section 5(2))\n* **Updating wills and legal documents** — any document mentioning the old association is read as referring to the new company (Section 6)\n* **Allowing the new company to act as executor or trustee** — managing deceased estates and trusts (Section 8)\n\nThe Schedule lists specific Sydney properties being transferred, with detailed land descriptions (\"Allotment sixteen of Section nine of the Fosterville Estate...\").\n\n**In short:** This is housekeeping legislation allowing a 19th-century charity to modernise its legal structure without losing its assets or breaking promises to donors."}},"importantCases":[],"_links":{"self":"/api/acts/sydney-rescue-work-society-act-1974","history":"/api/acts/sydney-rescue-work-society-act-1974/history","analysis":"/api/acts/sydney-rescue-work-society-act-1974/analysis","conflicts":"/api/acts/sydney-rescue-work-society-act-1974/conflicts","importantCases":"/api/acts/sydney-rescue-work-society-act-1974/important-cases","documents":"/api/acts/sydney-rescue-work-society-act-1974/documents"}}