{"id":"the-wyatt-benevolent-institution-incorporated-act-1935","name":"The Wyatt Benevolent Institution Incorporated Act 1935","slug":"the-wyatt-benevolent-institution-incorporated-act-1935","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110885,"registerId":"sa-the-wyatt-benevolent-institution-incorporated-act-1935-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"The Wyatt Benevolent Institution Incorporated Act 1935","content":"South Australia\nThe Wyatt Benevolent Institution Incorporated Act 1935\nAn Act to provide for the more effectual incorporation of The Wyatt Benevolent Institution Incorporated and to facilitate the carrying out of the trusts of the Will of the late William Wyatt and for other purposes.\n\nContents\nPreamble\n1\tShort title\n2\tInterpretation\n3\tObjects of Institution\n4\tContinuation of Institution as body corporate\n5\tFunctions and powers\n6\tFinancial provisions\n9\tManagement\n10\tVacancies in Board\n11\tMeetings of Board\n12\tQuorum\n13\tOfficers\n14\tBy-laws etc\n15\tSeal\n16\tValidity of acts\n17\tApplication of other Acts\n18\tInteraction with other Acts\n19\tRegulations\nLegislative history\n\n\nPreamble\n\tWHEREAS The Wyatt Benevolent Institution Incorporated (hereinafter called \"the Institution\") was on the twenty-third day of May 1881 incorporated under the provisions of the Associations Incorporation Act 1858 having for its objects the carrying out of the trusts of the intended will of William Wyatt of Burnside in the State of South Australia Gentleman: AND WHEREAS by his will bearing date the twentieth day of December 1883 the said William Wyatt (hereinafter referred to as \"the Testator\") appointed the Institution to be his Trustee and after making certain specific bequests devised and bequeathed unto the Institution all his real estate and the residue of his personal estate upon trust to realise the same with full power to his said Trustee to postpone for such period as might be deemed expedient the realisation of all or any portion thereof and to invest the proceeds in the investments therein named and out of the rents income interest and yearly produce of his said estate to pay certain legacies and annuities named in his said will: AND WHEREAS by his said will the Testator directed that during the suspense of the sale and conversion of his said real and residuary personal estate or of any estate purchased under the powers therein contained or any part thereof respectively his Trustee should have full power to manage and order all the affairs thereof as regards letting on any terms and for any period whatsoever and whether to commence in the future or not and either on building or improving leases with or without rights of purchase or covenants to purchase or otherwise and on such terms and conditions as regards occupation cultivation repairs insurance against fire receipts for rents indulgences and allowances to tenants and all other matters as his Trustee should think fit: AND WHEREAS by his said will the Testator further directed that subject to the payment of his debts, funeral and testamentary expenses and the annuities and legacies mentioned in his said will his said real and residuary personal estate and the proceeds of the sale conversion and getting in thereof as well capital as income should be held by his Trustee so as to give the fullest possible effect to the several objects thereinafter mentioned but that the mode time and manner of application should except where controlled by the trusts and provisions of his said will be in the absolute discretion of his said Trustee who should from time to time determine when and how the same should be applied: AND WHEREAS the Testator defined the objects of the trusts of his said will as follows:\n\"The objects of the trusts of this my will are to benefit persons above the laboring class who may be in poor or reduced circumstances, by supplying them with dwelling houses at a moderate or at a nominal rental or without payment of any rent or to benefit such persons by any means and in any other way that my Trustee shall deem expedient and the qualifications for participation in the benefits of the said trusts shall be that the recipient of such benefits shall belong to a class above that of a laborer and that he or she shall be in poor or reduced circumstances and of good moral character and conduct and preference shall be given to persons who shall have been resident in the said province for a period of five years and upwards. The religious beliefs or political bias or opinions of any persons shall not affect his or her claim to participate in the said benefits, and it shall rest entirely upon the judgment of my Trustee whether or not any person or persons is or are qualified to be admitted to such benefits. My Trustee may build adapt or otherwise procure and fit up houses and other buildings on any trust lands or premises in Adelaide or within ten miles therefrom for the purposes aforesaid and may dedicate any portion of the said trust lands for the purposes of roads and may layout any of such lands as parks or pleasure grounds to be used in common or otherwise by the recipients of the benefits of the said trusts subject to such regulations as may from time to time be made or prescribed by my Trustee who may in all respects administer the said trust estates moneys and premises in such manner as shall be deemed most advantageous for carrying out the objects of the said trusts.\"\nAND WHEREAS the Testator by his said will directed that if at any time his said Trustee should consider it advantageous so to do it should be lawful for such Trustee to apply to the Legislature of the said State for an Act of Parliament to provide for and regulate the administration of the said Institution in accordance with the trusts of his said will or to provide for the more effectual or certain incorporation of the said Institution or in any way to facilitate the carrying out of the trusts of his said will: AND WHEREAS the Testator died on the tenth day of June 1886 and probate of his said will was on the twenty-ninth day of June 1886 granted by the Supreme Court of South Australia to the executors therein named: AND WHEREAS since the death of the Testator his estate has been administered by the Institution in accordance with the trusts of his said will: AND WHEREAS all the legacies and annuities given by the said will have been paid and satisfied with the exception of the following annuities:\nAn annuity of £50 to Constance Strahan Smith of 15 Upper Beulah Hill Norwood S.E.19 England; and\nAn annuity of £50 to Mabel Alger in care of H. Hilbery & Son 4 South Square Gray's Inn London.\nAND WHEREAS bequests have heretofore been made and may hereafter be made to the Institution and it is desirable that the trusts upon which such bequests are or may be held should be more particularly defined and that the Incorporation of the Institution should be made more certain and effectual and permanent and the administration thereof more particularly defined by an Act of Parliament of the said State.\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as The Wyatt Benevolent Institution Incorporated Act 1935.\n2—Interpretation\nIn this Act, unless the contrary intention appears—\n2020 Amendment Act means The Wyatt Benevolent Institution Incorporated (Objects) Amendment Act 2020;\nBoard means the board of Governors for the time being of the Institution;\nInstitution means The Wyatt Benevolent Institution Incorporated;\nland includes all tenements and hereditaments corporeal and incorporeal of every kind and description, and every estate and interest in land;\nproperty includes any thing in action, and any interest in real or personal property (including land);\nsecurities include stocks, funds and shares;\nWyatt Trust means the trusts of the will of William Wyatt.\n3—Objects of Institution\n\t(1)\tThe objects of the Institution are to provide assistance to persons in poor and needy circumstances.\n\t(2)\tFor the purposes of achieving the objects of the Institution—\n\t(a)\tassistance may be provided by making grants of money to such persons out of the income or capital of the funds or other property of the Institution or in such other manner as the Board may from time to time determine; and\n\t(b)\tthe Institution (in addition to the funds and other property under its control) may acquire property by purchase, gift, devise, donation, subscription or otherwise; and\n\t(c)\tpreference is to be given to persons who have been resident in South Australia for a period of at least 5 years.\n\t(3)\tMoney or trust funds held by the Institution immediately before the commencement of the 2020 Amendment Act (including money or other property held as part of the Wyatt Trust) may be applied to or for the purposes of the objects of the Institution after the commencement of the 2020 Amendment Act, despite the fact that such application may be inconsistent with the Wyatt Trust and the objects of the Institution as they existed before that commencement.\n\t(4)\tThe Wyatt Trust is varied by force of this section to the extent necessary to provide consistency with this section.\n4—Continuation of Institution as body corporate\nThe Institution—\n\t(a)\tincorporated on 23 May 1881 continues in existence as a body corporate; and\n\t(b)\thas perpetual succession and a common seal; and\n\t(c)\tcan sue and be sued in its corporate name; and\n\t(d)\thas the functions and powers assigned or conferred under this or any other Act.\n5—Functions and powers\n\t(1)\tThe Institution has, in addition to any other powers conferred on it under this or any other Act, all the powers of a natural person.\n\t(2)\tWithout limiting subsection (1), in exercising its functions and powers, the Institution may—\n\t(a)\tgrant, receive, acquire, purchase and hold land; and\n\t(b)\tpurchase, accept, acquire, hold, mortgage, let, lease, demise, sell, exchange, transfer, convey, assign, alienate, dispose of and deal with property; and\n\t(c)\tact as the trustee of other funds, accept gifts or donations from a person or body and otherwise receive money or property from a lawful source, including gifts or donations subject to trusts that are not inconsistent with the objects of the Institution; and\n\t(d)\tmanage money or other property as the Institution thinks fit and, in doing so, combine funds or other property (including funds or other property subject to separate trusts or held for separate purposes), subject to complying with relevant accounting standards and being able, as appropriate, to separately account for different classes of funds and other property; and\n\t(e)\tapply a benefit, or provide assistance, to persons either directly or indirectly through a third party involved in the provision of services or financial or other support; and\n\t(f)\tbuild on or improve land for the time being owned by or under the control of the Institution; and\n\t(g)\tdo any other thing necessary or convenient to further its objects.\n6—Financial provisions\n\t(1)\tThe assets and income of the Institution or the Wyatt Trust must be applied solely to further the objects of the Institution.\n\t(2)\tThe assets and income of the Institution or the Wyatt Trust (either wholly or in part) must not be distributed directly or indirectly to the members of the Board except as genuine compensation for services rendered or expenses incurred on behalf of the Institution or the Wyatt Trust.\n\t(3)\tThe Institution may invest its money or trust funds (either wholly or in part) in an investment or security authorised by law for the investment of trust funds and may vary such investments and securities as the Board thinks fit into or for any other investment or security of a similar nature.\n\t(4)\tThe Board may, for the purpose of building or otherwise improving land belonging to the Institution, borrow money and secure its repayment by mortgage of the land (or a portion of the land) or in such other manner as the Board may from time to time determine.\n9—Management\nThe Institution shall be managed by a Board consisting of not less than five or more than seven persons. The Board shall have the sole management and control of the affairs of the Institution and may execute, perform and exercise all trusts, duties, obligations and powers in the name and on behalf of the Institution. There shall be a chairman of such Board who shall be elected annually by the members of the Board; the following are the present members of the Board: Charles Richmond John Glover, Henry Simpson Newland, John Harvey Finlayson, William Douglas Taylor, Frederic Theodore Bruce. A member of the Board shall hold office until his retirement, resignation or death.\n10—Vacancies in Board\nAny vacancy occurring in the Board shall be filled by the remaining members of the Board.\n11—Meetings of Board\nThe Board shall meet on the fourth Tuesday of each month or such other time as shall be determined.\n12—Quorum\nThree members of the Board shall form a quorum. The chairman of any meeting of the Board shall have a deliberative as well as a casting vote.\n13—Officers\nThe Board shall appoint all necessary officers and shall have power to dismiss, suspend or remove the present and any future officers.\n14—By-laws etc\nThe Board may from time to time make any by‑laws rules and regulations not inconsistent with the objects of the Institution for the proper conduct and management thereof and may revoke, alter or amend the same.\n15—Seal\nThe seal of the Institution shall only be affixed in the presence of two members of the Board who shall also sign the document to which the seal is affixed.\n16—Validity of acts\nAn act or proceeding of the Institution or the Board is not invalid by reason only of—\n\t(a)\ta vacancy in its membership or a defect in the appointment of a member; or\n\t(b)\tthe fact that the act or proceeding was done or executed prior to the commencement of the 2020 Amendment Act.\n17—Application of other Acts\nThe Subordinate Legislation Act 1978 does not apply to a regulation (within the meaning of the Subordinate Legislation Act 1978) made under this Act by the Institution or the Board if the regulation relates to—\n\t(a)\tthe status of the Institution as a deductible gift recipient under a law of the Commonwealth; or\n\t(b)\tany other prescribed matter, or matter of a prescribed kind.\n18—Interaction with other Acts\nThis Act is in addition to, and does not derogate from, the Trustee Act 1936.\n19—Regulations\nThe Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.\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\n1935\n-\nThe Wyatt Benevolent Institution Incorporated Act 1935 \n12.12.1935\n12.12.1935\n2020\n11\nThe Wyatt Benevolent Institution Incorporated (Objects) Amendment Act 2020\n7.5.2020\n7.5.2020\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nss 2—6\nsubstituted by 11/2020 s 3\n7.5.2020\nss 7 and 8\ndeleted by 11/2020 s 3\n7.5.2020\ns 16\nsubstituted by 11/2020 s 4\n7.5.2020\nss 17—19\ninserted by 11/2020 s 4\n7.5.2020\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available. The page returned a 'Page Not Found' error, meaning no content could be analysed to determine whether the Act's scope evolved from its original intent."},"complexity_factors":["No legislative text was retrievable — only a 404 error page was provided","Any complexity assessment of the actual Act is impossible without its content","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"The Wyatt Benevolent Institution Incorporated Act 1935 is a South Australian private Act that appears to have incorporated the Wyatt Benevolent Institution, formally giving that charity legal personality so it could own property, enter contracts and sue or be sued. It mainly affects the institution’s administrators, its beneficiaries and third parties (donors or counterparties), by setting the organisation’s legal and governance basis."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has significantly expanded beyond its original 1935 purpose. The 2020 Amendment Act fundamentally altered the scope by removing the class-based restriction ('above the laboring class') from William Wyatt's original 1886 will. Section 3(3) now explicitly permits the application of trust funds in ways that may be 'inconsistent with the Wyatt Trust' as originally conceived. Additionally, the modern provisions in ss 5(2)(d) and (e) allow for sophisticated financial management (combining funds, third-party service delivery) and s 17 creates specific regulatory exemptions—none of which were contemplated in the original 1935 Act focused on simple incorporation and basic trust administration."},"complexity_factors":["Length is moderate (19 sections) but includes an extensive historical preamble with 19th-century legal language","Contains 7 defined terms in the interpretation section (s 2), including broad definitions of 'land' and 'property' using traditional legal terminology ('tenements and hereditaments')","Cross-references to external legislation: Trustee Act 1936, Subordinate Legislation Act 1978, and the 2020 Amendment Act","Section 3 contains a significant statutory variation of the original Wyatt Trust—a complex mechanism that overrides historical trust terms by force of statute","Conditional logic in s 6(2) regarding permissible distributions to Board members (genuine compensation test)","Section 17 creates a specific exemption from the Subordinate Legislation Act for certain regulations","Numbering gap between ss 6 and 9 suggests historical amendments removed intermediate sections, creating potential confusion"],"plain_english_summary":"**What this legislation does:**\n\nThis Act governs **The Wyatt Benevolent Institution**, a South Australian charity established in 1881 to carry out the wishes in William Wyatt's will. The Act gives the Institution a solid legal foundation as a \"body corporate\" (a legal entity that can own property, sue, and be sued in its own name) and sets out how it must operate.\n\n**Who it affects:**\n\n- **Beneficiaries:** People in \"poor and needy circumstances\" in South Australia, with preference given to those who have lived in the state for at least 5 years. Originally, Wyatt's will specified helping people \"above the laboring class\"—this was changed in 2020 to remove that class restriction.\n- **The Board:** A group of 5–7 governors who manage the Institution, make decisions about grants and property, and appoint staff.\n- **Donors:** People who leave money or property to the Institution—the Act allows the Board to accept gifts with conditions attached, provided those conditions don't conflict with the Institution's main purpose.\n\n**Why it matters:**\n\nThe Act ensures William Wyatt's charitable legacy continues legally and transparently. Key features include:\n\n- **Permanence:** The Institution continues forever as a legal entity, regardless of changes in Board membership.\n- **Flexibility:** The Board can buy, sell, and manage property; invest funds; borrow money for building projects; and give grants directly to people or through other organisations.\n- **Accountability:** Assets and income must be used only for charitable purposes—Board members cannot personally profit except for legitimate expenses.\n- **Modernisation:** A 2020 amendment removed outdated class restrictions from the original 1886 will, allowing the charity to help anyone in need regardless of social background.\n\nThe Act also protects the Institution's operations—actions remain valid even if there was a technical problem with a Board appointment, and the Institution can vary the original trust terms where necessary to achieve its charitable objects."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The 2020 amendment broadened and redefined the Institution’s objects from William Wyatt’s original, housing‑focused trusts for persons “above the laboring class” to a general power to “provide assistance to persons in poor and needy circumstances,” and it expressly allows money held before the amendment (including Wyatt Trust funds) to be applied despite prior inconsistencies (s3(1), (2)(c), (3)–(4)). This alters beneficiary eligibility and permissible uses of funds compared with the testamentary language set out in the preamble."},"complexity_factors":["Statutory variation of the original Wyatt Trust permitting application of funds even if inconsistent with prior testamentary terms — s3(3)–(4)","Broad, non-exhaustive corporate and trust-like powers to acquire, combine, manage and dispose of property, and to accept other trusts — s5","Trust-style financial duties and investment rules coupled with an explicit rule that assets be applied solely for institutional objects — s6(1)–(3)","Borrowing and mortgage powers for land development creating secured-debt obligations — s6(4)","Governance concentrated in a small Board with self-appointment for vacancies, fixed meeting/quorum rules, and strong internal control over by‑laws and seal use — ss9–15","Retrospective validation of prior acts and proceedings, which may interact with existing trust entitlements — s16","Targeted exemption from the Subordinate Legislation Act for certain regulations, reducing external procedural oversight of delegated rules — s17","Express interaction with general trust law (Trustee Act 1936) leaving potential for overlap or tension — s18","Recent amendment history (2020) substituted core sections and deleted others, increasing interpretive reliance on the updated text"],"plain_english_summary":"This Act continues The Wyatt Benevolent Institution as a corporate trustee, gives it broad powers to hold, invest, borrow and apply property, and places management in a small Board. The 2020 amendment refocuses the Institution’s objects to “provide assistance to persons in poor and needy circumstances” and expressly permits existing Wyatt Trust funds to be applied consistently with that new object (s3(1), (3)–(4)).\n\nThe Board decides who receives assistance and controls investments, borrowing and operations (ss5,6,9–13); assets must be used only for the Institution’s objects (s6(1))."}},"importantCases":[],"_links":{"self":"/api/acts/the-wyatt-benevolent-institution-incorporated-act-1935","history":"/api/acts/the-wyatt-benevolent-institution-incorporated-act-1935/history","analysis":"/api/acts/the-wyatt-benevolent-institution-incorporated-act-1935/analysis","conflicts":"/api/acts/the-wyatt-benevolent-institution-incorporated-act-1935/conflicts","importantCases":"/api/acts/the-wyatt-benevolent-institution-incorporated-act-1935/important-cases","documents":"/api/acts/the-wyatt-benevolent-institution-incorporated-act-1935/documents"}}