{"id":"nsw:act-1938-031","name":"Walker Trusts Act 1938","slug":"walker-trusts-act-1938","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"31 of 1938","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111615,"registerId":"nsw-act-1938-031-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 [Walker Trusts Act 1938](/view/html/inforce/current/act-1938-031).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> In construing this Act the following words shall, unless the context otherwise requires, have the meanings herein assigned to them—\n> \n> Charitable fund shall mean that portion of the residuary estate of the said Thomas Walker deceased held by the trustees of the will and codicil of the said Thomas Walker deceased upon trust for distribution amongst charitable (not religious) institutions.\n> \n> Foundation means the New South Wales Health Foundation constituted by section 16 of the [Health Administration Act 1982](/view/html/inforce/current/act-1982-135).\n> \n> The trustee of the will and codicil of Thomas Walker deceased shall mean the trustee or trustees for the time being of the will and codicil of the said Thomas Walker deceased.\n> \n> The trustee of the will of Dame Eadith Campbell Walker deceased shall mean the trustee or trustees for the time being of the will of the said Dame Eadith Campbell Walker deceased.\n> \n> The trustee of the Yaralla Cottages shall mean the trustee or trustees for the time being of the trusts created by the said recited indenture of the fifth day of February one thousand eight hundred and ninety-seven as varied by the said order and by this Act.\n> \n> **s 2:** Am 1983 No 207, Sch 1 (1).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Land in First Schedule","content":"#### 3 Land in First Schedule\n\n3 Land in First Schedule\n\n> > (1) The trustee of the will and codicil of Thomas Walker deceased shall be deemed to have purchased and the trustee of the will of Dame Eadith Campbell Walker shall be deemed to have sold the land in the First Schedule to this Act described for the sum of sixty five thousand pounds and the land in the Second Schedule to this Act described for the sum of one thousand and twenty-five pounds.\n> \n> > (2) The trustee of the will of Dame Eadith Campbell Walker deceased upon receiving payment from the trustee of the will and codicil of Thomas Walker deceased of the said purchase money for the land in the Second Schedule to this Act described shall convey to the body corporate by this Act created and named The Thomas Walker Convalescent Hospital the said land for an estate in fee simple and thereupon the said body corporate shall hold the said land as part of The Thomas Walker Convalescent Hospital.\n> \n> > (3) Any assurance of the said land made in pursuance of the preceding subsection of this Act shall be free from the payment of stamp duty under the provisions of the Stamp Duties Act 1920–1933.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Appropriation of part of the charitable fund","content":"#### 4 Appropriation of part of the charitable fund\n\n4 Appropriation of part of the charitable fund\n\n> > (1) The trustee of the will and codicil of the said Thomas Walker deceased shall upon the commencement of this Act appropriate out of the charitable fund the sum of one hundred thousand pounds and apply the same in manner following that is to say—\n> > \n> > > (a) As to sixty-six thousand and twenty-five pounds thereof in payment to the trustee of the will of Dame Eadith Campbell Walker deceased of the purchase moneys of the respective lands in the Schedules to this Act described.\n> > \n> > > (b) And as to the balance of the said sum of one hundred thousand pounds in payment thereof to the Colonial Treasurer to be placed by him in a separate trust account for the purposes of the constitution and establishment of the Dame Eadith Walker Convalescent Hospital for Men as in this Act set forth.\n> \n> > (2) As soon as practicable after the day appointed and notified under section 2 (2) of the [Walker Trusts (Amendment) Act 1983](/view/pdf/asmade/act-1983-207), the Treasurer shall close the separate trust account established under subsection (1) (b) and shall transfer the balance of the account to the Foundation.\n> \n> **s 4:** Am 1983 No 207, Sch 1 (2).","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Vesting of land in First Schedule","content":"#### 5 Vesting of land in First Schedule\n\n5 Vesting of land in First Schedule\n\n> Upon the commencement of this Act the lands in the First Schedule to this Act described shall without any assurance in the law immediately become divested from the trustee of the will of Dame Eadith Campbell Walker deceased and shall become vested in His Majesty together with all rights easements and privileges thereto appurtenant.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Discharge of trusts affecting land in First Schedule","content":"#### 6 Discharge of trusts affecting land in First Schedule\n\n6 Discharge of trusts affecting land in First Schedule\n\n> All the trusts, conditions, covenants, easements, charges and encumbrances to which the said lands so vested in His Majesty are subject immediately before the commencement of this Act are hereby discharged and annulled by the operation of this Act but only in so far as the same affect the said land so vested.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Entries in the register book","content":"#### 7 Entries in the register book\n\n7 Entries in the register book\n\n> The Registrar-General shall on all Crown grants and other instruments evidencing title to such of the lands described in the First Schedule to this Act as are under the provisions of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), make such entries as may be necessary to give effect to this Act.\n> \n> **s 7:** Am 2021 No 10, Sch 3.26.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Dedication of lands in First Schedule","content":"#### 8 Dedication of lands in First Schedule\n\n8 Dedication of lands in First Schedule\n\n> The said lands in the preceding section referred to shall as from the day on which they become vested in His Majesty be deemed to have become and to be Crown lands and to be dedicated for the purposes of the Dame Eadith Walker Convalescent Hospital for Men in accordance with the provisions of section twenty-four of the [Crown Lands Consolidation Act 1913](/view/pdf/asmade/act-1913-7), but it shall not be necessary to lay before the Houses of Parliament any abstract of such dedication.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Dame Eadith Walker Convalescent Hospital for Men","content":"#### 9 Dame Eadith Walker Convalescent Hospital for Men\n\n9 Dame Eadith Walker Convalescent Hospital for Men\n\n> > (1) Upon the vesting of the land in the First Schedule to this Act described in His Majesty the Governor shall—\n> > \n> > > (a) out of money standing to the credit of the trust account kept as referred to in section 4 and out of such moneys as may be appropriated by Parliament for that purpose adapt the buildings now erected upon the land in section five of this Act mentioned and erect such other buildings as the Governor shall think necessary or proper for the purposes of the convalescent hospital for men to be called the Dame Eadith Walker Convalescent Hospital for Men,\n> > \n> > > (b) maintain the upkeep of such lands and supply such buildings with such equipment as may be proper and necessary for the purposes of The Dame Eadith Walker Convalescent Hospital for Men.\n> \n> > (2) (Repealed)\n> \n> **s 9:** Am 1983 No 207, Sch 1 (3); 1997 No 154, Sch 6.49 \\[1\\].","sortOrder":8},{"sectionNumber":"9A","sectionType":"section","heading":"Dame Eadith Walker Hospital","content":"#### 9A Dame Eadith Walker Hospital\n\n9A Dame Eadith Walker Hospital\n\n> > (1) On the commencement of this section—\n> > \n> > > (a) the Dame Eadith Walker Convalescent Hospital for Men is renamed the Dame Eadith Walker Hospital, and\n> > \n> > > (b) a reference in any Act or instrument to the Dame Eadith Walker Convalescent Hospital for Men is to be construed as a reference to the Dame Eadith Walker Hospital.\n> \n> > (2) Despite the other provisions of this Act, the Dame Eadith Walker Hospital may be used for the purpose of the provision of public health services for any person.\n> \n> > (3) The Minister must, after considering the amount of funds paid to the Sydney Local Health District under section 11 (ii) and such other matters as the Minister thinks fit, allocate out of funds available to the Government such additional funds (if any) as the Minister considers appropriate.\n> \n> **s 9A:** Ins 1997 No 117, Sch 1 \\[1\\]. Am 2011 No 4, Sch 2.35 \\[1\\]; 2011 No 27, Sch 2.57.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Further appropriation of part of charitable fund","content":"#### 10 Further appropriation of part of charitable fund\n\n10 Further appropriation of part of charitable fund\n\n> The trustee of the will and codicil of Thomas Walker deceased shall upon the commencement of this Act out of the charitable fund appropriate the sum of ten thousand pounds and pay such sum to the Prince Albert Memorial Hospital, Tenterfield, to be applied in the manner following: As to a sum not exceeding five thousand pounds in the construction and equipment of a maternity ward to be known as “The Thomas Walker Maternity Ward”, and as to the balance of the sum of ten thousand pounds to invest the same and to apply the income derived therefrom for the purposes of The Thomas Walker Maternity Ward.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Trusts of charitable fund","content":"#### 11 Trusts of charitable fund\n\n11 Trusts of charitable fund\n\n> Subject to—\n> \n> > (a) the appropriation thereout of the said sum of one hundred thousand pounds as in section four of this Act mentioned,\n> \n> > (b) the appropriation thereout of the sum of ten thousand pounds as in section ten of this Act mentioned,\n> \n> > (c) the retention thereout of such sums as may be necessary to recoup the trustee of the will and codicil of Thomas Walker deceased all expenditure incurred in the care, upkeep and maintenance of the lands in the Schedules to this Act described and the buildings thereon erected from the third day of March one thousand nine hundred and thirty-eight until the commencement of this Act,\n> \n> > (d) the retention thereout of such sums as may be necessary to defray the costs and expenses incurred by such trustee of and incidental to the preparation of this Act and its submission to Parliament and of and incidental to the carrying into effect the provisions of this Act other than the costs of administering the balance of the charitable fund as hereinafter in this section provided,\n> \n> > (e) the retention thereout of such sums as may be necessary to defray the costs and expenses of the administration of the trusts of such will and codicil (including trustee’s commission) as are properly chargeable to the capital of the charitable fund,\n> \n> the trustee of the will and codicil of Thomas Walker deceased shall hold the balance of the capital and accrued income of the charitable fund in the hands of the trustee of the will and codicil of Thomas Walker deceased at the commencement of this Act upon a perpetual trust to divide the net income thereof remaining after payment of the costs and expenses of administering such fund (including trustee’s commission) into three equal parts and—\n> \n> > (i) to pay and apply two equal parts thereof or such portion thereof as such trustee shall deem proper for the support and maintenance of the Thomas Walker Convalescent Hospital and the Yaralla Cottages in such proportions as such trustee shall think fit,\n> \n> > (ii) to pay and apply one equal part thereof or any such portion thereof as such trustee may deem proper for the support and maintenance of the Dame Eadith Walker Convalescent Hospital for Men,\n> \n> > (iii) at the end of each year after the commencement of this Act to divide such portion of such annual income as shall not have been paid and applied for the purposes mentioned in paragraphs (i) and (ii) of this section equally between the Royal Alexandra Hospital for Children and the Royal Prince Alfred Hospital—\n> \n> Provided that notwithstanding anything in this section contained the trustee of the will and codicil of Thomas Walker deceased may from time to time pay to the Thomas Walker Convalescent Hospital or the Yaralla Cottages Trust such amount out of the capital of such balance of the charitable fund as such trustee may think fit for any of the purposes mentioned in section eighteen of this Act.\n> \n> The trustee of the will of Thomas Walker deceased shall before the thirty-first day of March of each year beginning with the year one thousand nine hundred and forty, lodge with the Auditor-General a Capital Account and a Revenue and Expenditure Account of the trust declared by this section made up to the preceding thirty-first day of December.","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Powers of trustee of will of Thomas Walker","content":"#### 12 Powers of trustee of will of Thomas Walker\n\n12 Powers of trustee of will of Thomas Walker\n\n> The trustee of the will and codicil of Thomas Walker deceased shall be deemed at all times before the day appointed and notified under section 2 (2) of the [Walker Trusts (Amendment) Act 1983](/view/pdf/asmade/act-1983-207), to have been the trustees of the Thomas Walker Convalescent Hospital and to have had power to conduct, maintain and manage the said Thomas Walker Convalescent Hospital and the investments and funds thereof and to apply for the purposes of the said hospital all or any of the capital and the income of the capital of the sum of one hundred thousand pounds appropriated by them out of the estate of the said Thomas Walker deceased as mentioned in the preamble to this Act for the erection, establishment and maintenance of the said hospital and all moneys received by them from any other source whatsoever.\n> \n> **s 12:** Am 1983 No 207, Sch 1 (4).","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Constitution of certain bodies corporate","content":"#### 13 Constitution of certain bodies corporate\n\n13 Constitution of certain bodies corporate\n\n> > (1) Subject to subsection (6), from and after the commencement of this Act the trustees for the time being of the Thomas Walker Convalescent Hospital and the trustee of the Yaralla Cottages shall respectively be bodies corporate by the respective names of “The Thomas Walker Convalescent Hospital” and “The Yaralla Cottages Trust.”\n> \n> > (2) All courts, judges and persons acting judicially shall take notice of the common seal of each of those corporations.\n> \n> > (3) Such corporations may respectively acquire, purchase, sell, mortgage, lease and hold lands, chattels and other property for the purposes of their respective trusts and for the purposes of this Act—\n> > \n> > Provided that property acquired by gift inter vivos or by will by either of the said corporations shall be administered and appropriated in the manner and for the purposes (if any) expressed by the donors.\n> \n> > (4) Such bodies corporate shall respectively manage and govern the respective charitable trusts whereof they are trustees and may make by-laws not inconsistent with the provisions of this Act for the control and management of their respective trusts and of all officers, servants, visitors, patients and inmates.\n> \n> > (5) So long as the Perpetual Trustee Company (Limited) is a member of a body corporate by this Act created it shall be entitled to payment out of the income of such body corporate of such income commission as would be payable to it if it were the trustee administering the trust administered by such body corporate.\n> \n> > (6) The body corporate named The Thomas Walker Convalescent Hospital is hereby dissolved.\n> \n> **s 13:** Am 1983 No 207, Sch 1 (5).","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Vesting in the Thomas Walker Convalescent Hospital","content":"#### 14 Vesting in the Thomas Walker Convalescent Hospital\n\n14 Vesting in the Thomas Walker Convalescent Hospital\n\n> > (1) All land and other property vested in or held by the trustee of the will and codicil of Thomas Walker deceased in trust for the Thomas Walker Convalescent Hospital immediately prior to the commencement of this Act shall vest in the body corporate named The Thomas Walker Convalescent Hospital for all the estate and interest therein previously held by the trustee of the will and codicil of Thomas Walker deceased and, until dissolved, the body corporate shall be entitled to all the powers, authorities and discretions and be subject to all the trusts and obligations respectively to which the trustee of the will and codicil of Thomas Walker deceased was for the purposes of such hospital entitled or subject immediately prior to the commencement of this Act.\n> \n> > (2) The Thomas Walker Convalescent Hospital shall be deemed always to have had power under the trusts and obligations referred to in subsection (1) to agree to, and allow, the occupation of the Thomas Walker Convalescent Hospital by another person or body and to allow that hospital to be conducted as an adolescent convalescent and rehabilitation unit.\n> \n> **s 14:** Am 1983 No 207, Sch 1 (6).","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Vesting in the Yaralla Cottages Trust","content":"#### 15 Vesting in the Yaralla Cottages Trust\n\n15 Vesting in the Yaralla Cottages Trust\n\n> All land and other property vested in or held by the trustee of the Yaralla Cottages immediately prior to the commencement of this Act shall vest in the body corporate named The Yaralla Cottages Trust created by this Act for all the estate and interest therein previously held by the trustee of the Yaralla Cottages therein and the body corporate shall be entitled to all the powers authorities and discretions and be subject to all the trusts and obligations respectively to which the trustee of the Yaralla Cottages was entitled or subject immediately prior to the commencement of this Act.","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":null,"content":"#### 16\n\n16 (Repealed)","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Investment","content":"#### 17 Investment\n\n17 Investment\n\n> The trustee of the will and codicil of Thomas Walker deceased, The Thomas Walker Convalescent Hospital (until dissolved) and The Yaralla Cottages Trust shall respectively have power to invest any of the moneys held by them respectively for the purposes of their respective trusts in this Act mentioned in investments for the time being authorised by law for trust funds and the investments authorised by their respective trusts and also in the purchase of shares or debentures of public companies whether carrying on business in the State of New South Wales or elsewhere (not being companies carrying on the business of mining only) and shall have power from time to time to vary any investment thereof.\n> \n> **s 17:** Am 1983 No 207, Sch 1 (7).","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Powers of bodies corporate","content":"#### 18 Powers of bodies corporate\n\n18 Powers of bodies corporate\n\n> The Thomas Walker Convalescent Hospital (until dissolved) and The Yaralla Cottages Trust shall respectively have power in their respective uncontrolled discretions in relation to their said respective trust properties to add to, repair, reinstate, alter, remodel or demolish any existing buildings or erections upon the respective trust premises and also in their respective uncontrolled discretions to erect any additional buildings thereon which they respectively in regard to their respective trusts may from time to time deem necessary and for such purposes in their respective uncontrolled discretions to use any portion of either the capital or the income of their respective trust funds.\n> \n> **s 18:** Am 1983 No 207, Sch 1 (7).","sortOrder":19},{"sectionNumber":"18A","sectionType":"section","heading":"Transfer of hospital and other assets etc of The Thomas Walker Convalescent Hospital","content":"#### 18A Transfer of hospital and other assets etc of The Thomas Walker Convalescent Hospital\n\n18A Transfer of hospital and other assets etc of The Thomas Walker Convalescent Hospital\n\n> > (1) On and from the day appointed and notified under section 2 (2) of the [Walker Trusts (Amendment) Act 1983](/view/pdf/asmade/act-1983-207)—\n> > \n> > > (a) all real and personal property and all right and interest therein and all management and control thereof that, immediately before that day, was vested in or belonged to The Thomas Walker Convalescent Hospital shall vest in and belong to the Foundation,\n> > \n> > > (b) all money and liquidated and unliquidated claims that, immediately before that day, was or were payable to or recoverable by The Thomas Walker Convalescent Hospital shall be money and liquidated and unliquidated claims payable to or recoverable by the Foundation,\n> > \n> > > (c) all proceedings commenced before that day by The Thomas Walker Convalescent Hospital and pending immediately before that day shall be deemed to be proceedings pending on that day by the Foundation and all proceedings so commenced by any person against The Thomas Walker Convalescent Hospital and pending immediately before that day shall be deemed to be proceedings pending on that day by that person against the Foundation,\n> > \n> > > (d) all contracts, agreements, arrangements and undertakings entered into with, and all securities lawfully given to or by, The Thomas Walker Convalescent Hospital and in force immediately before that day shall be deemed to be contracts, agreements, arrangements and undertakings entered into with and securities given to or by the Foundation,\n> > \n> > > (e) the Foundation may, in addition to pursuing any other remedies or exercising any other powers that may be available to it, pursue the same remedies for the recovery of money and claims referred to in this subsection and for the prosecution of proceedings so referred to as The Thomas Walker Convalescent Hospital might have done, but for its dissolution,\n> > \n> > > (f) the Foundation may enforce and realise any security or charge existing immediately before that day in favour of The Thomas Walker Convalescent Hospital and may exercise any powers thereby conferred on The Thomas Walker Convalescent Hospital as if the security or charge were a security or charge in favour of the Foundation,\n> > \n> > > (g) all debts, money and claims, liquidated and unliquidated, that, immediately before that day, were due or payable by, or recoverable against, The Thomas Walker Convalescent Hospital (including any amount payable to the Perpetual Trustee Company Limited by way of income commission as referred to in section 13 (5)) shall be debts due by, money payable by a claims recoverable against, the Foundation, and\n> > \n> > > (h) all liquidated and unliquidated claims for which The Thomas Walker Convalescent Hospital would, but for its dissolution, have been liable shall be liquidated and unliquidated claims for which the Foundation shall be liable.\n> \n> > (2) Any act, matter or thing done or omitted to be done before the day appointed and notified under section 2 (2) of the [Walker Trusts (Amendment) Act 1983](/view/pdf/asmade/act-1983-207), by, to or in respect of The Thomas Walker Convalescent Hospital shall, to the extent that, but for the dissolution of The Thomas Walker Convalescent Hospital, that act, matter or thing would on or after that day have had any force or effect or been in operation, be deemed to have been done or omitted to be done by, to or in respect of the Foundation.\n> \n> > (3) No attornment to the Foundation by a lessee from The Thomas Walker Convalescent Hospital shall be required.\n> \n> > (4) On and from the day appointed and notified under section 2 (2) of the [Walker Trusts (Amendment) Act 1983](/view/pdf/asmade/act-1983-207), in any other Act or in any regulation, by-law or other statutory instrument or in any document, whether of the same or of a different kind, a reference, or a reference required immediately before that day to be read and construed as a reference, to The Thomas Walker Convalescent Hospital shall be read and construed as a reference to the Foundation.\n> \n> > (5) Except as provided by subsection (1), all trusts, conditions, covenants, easements, charges and encumbrances to which the land forming part of the property referred to in subsection (1) was subject immediately before the day appointed and notified under section 2 (2) of the [Walker Trusts (Amendment) Act 1983](/view/pdf/asmade/act-1983-207), are hereby discharged and annulled but only in so far as they affect that land.\n> \n> **s 18A:** Ins 1983 No 207, Sch 1 (8).","sortOrder":20},{"sectionNumber":"18B","sectionType":"section","heading":"Foundation to maintain hospital as adolescent convalescent and rehabilitation unit","content":"#### 18B Foundation to maintain hospital as adolescent convalescent and rehabilitation unit\n\n18B Foundation to maintain hospital as adolescent convalescent and rehabilitation unit\n\n> > (1) On and from the day appointed and notified under section 2 (2) of the [Walker Trusts (Amendment) Act 1983](/view/pdf/asmade/act-1983-207), the Foundation shall—\n> > \n> > > (a) hold and maintain the land forming part of the property referred to in section 18A (1) for the purposes of an adolescent convalescent and rehabilitation unit called the Thomas Walker Convalescent Hospital, and\n> > \n> > > (b) maintain the buildings on the land or erect and maintain such new buildings as may be proper and necessary, and supply those buildings with such equipment as may be proper and necessary, for the purposes of the Thomas Walker Convalescent Hospital.\n> \n> > (2) The Foundation shall keep a separate account in respect of all money received by it pursuant to section 18A and paid into the New South Wales Health Foundation Fund in accordance with the [Health Administration Act 1982](/view/html/inforce/current/act-1982-135), and money standing to the credit of that account shall, notwithstanding section 19 (3) of that Act, be applied only towards the payment of charges, costs and expenses incurred by the Foundation as a consequence of the enactment of section 18A or in connection with the control, management or administration of the Thomas Walker Convalescent Hospital.\n> \n> **s 18B:** Ins 1983 No 207, Sch 1 (8).","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Control and management","content":"#### 19 Control and management\n\n19 Control and management\n\n> After the establishment and equipment of the Dame Eadith Walker Convalescent Hospital for Men as provided for in section nine of this Act the Royal Prince Alfred Hospital shall control, manage and administer the Dame Eadith Walker Convalescent Hospital for Men—\n> \n> Provided however that the Governor may from time to time appoint such other persons or corporation as he may determine to control, manage and administer the Dame Eadith Walker Convalescent Hospital for Men.","sortOrder":22},{"sectionNumber":"19A","sectionType":"section","heading":"Control and management of the Thomas Walker Convalescent Hospital","content":"#### 19A Control and management of the Thomas Walker Convalescent Hospital\n\n19A Control and management of the Thomas Walker Convalescent Hospital\n\n> > (1) Subject to subsection (2), on and from the day appointed and notified under section 2 (2) of the [Walker Trusts (Amendment) Act 1983](/view/pdf/asmade/act-1983-207), the Royal Prince Alfred Hospital shall control, manage and administer the Thomas Walker Convalescent Hospital.\n> \n> > (2) The Governor may, at any time and from time to time, appoint a person or corporation in place of the Royal Prince Alfred Hospital to control, manage and administer the Thomas Walker Convalescent Hospital.\n> \n> **s 19A:** Ins 1983 No 207, Sch 1 (9).","sortOrder":23},{"sectionNumber":"19B","sectionType":"section","heading":"Lease or licence of trust land","content":"#### 19B Lease or licence of trust land\n\n19B Lease or licence of trust land\n\n> > (1) The Sydney Local Health District, as trustee of land vested in the Crown by this Act and dedicated for the purposes of the Dame Eadith Walker Hospital, or any successor as trustee, must lease, or grant a licence of, part of that land for public hospital or other public health purposes, for the purpose of public open space or for the purpose of the agistment of horses, or for purposes ancillary to public hospital, public health, public open space or horse agistment purposes, if directed to do so by the Minister.\n> \n> > (2) The Foundation must, for public hospital or other public health purposes, for the purpose of public open space or for the purpose of the agistment of horses, or for purposes ancillary to public hospital, public health, public open space or horse agistment purposes, lease, or grant a licence of, part of land vested in the Foundation by section 18A, if directed to do so by the Minister.\n> \n> > (3) The lease or licence may be granted for such public hospital, other public health, public open space, horse agistment or ancillary purposes as the Minister directs.\n> \n> > (4) The Minister must not give a direction under this section unless the Minister is of the opinion that the lease or licence will not detrimentally affect the administration of, or the care of patients of, the Dame Eadith Walker Hospital or the Thomas Walker Convalescent Hospital.\n> \n> > (5) The Sydney Local Health District, any successor as trustee, and the Foundation have power to grant a lease or licence under this section, despite any other provision of this or any other Act or any trust affecting the land concerned.\n> \n> **s 19B:** Ins 1997 No 117, Sch 1 \\[2\\]. Am 2011 No 4, Sch 2.35 \\[2\\].","sortOrder":24},{"sectionNumber":"19C","sectionType":"section","heading":"Validation","content":"#### 19C Validation\n\n19C Validation\n\n> > (1) The Sydney Local Health District has, and is taken always to have had, power to agree to, and to allow, the Dame Eadith Walker Convalescent Hospital for Men to be used, in respect of any person, for the public health purpose of renal dialysis and ancillary purposes.\n> \n> > (2) The trustee of the will and codicil of Thomas Walker deceased has, and is taken always to have had, power to pay and apply the part, or a portion of the part, of the balance of the charitable fund referred to in section 11 (ii) for the support and maintenance of the Dame Eadith Walker Convalescent Hospital for Men in its use, in respect of any person, for the purpose of renal dialysis and ancillary purposes.\n> \n> **s 19C:** Ins 1997 No 117, Sch 1 \\[2\\]. Am 2011 No 4, Sch 2.35 \\[3\\].","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Act not to limit jurisdiction of Supreme Court","content":"#### 20 Act not to limit jurisdiction of Supreme Court\n\n20 Act not to limit jurisdiction of Supreme Court\n\n> Nothing in this Act contained shall derogate from the jurisdiction of the Supreme Court of New South Wales to administer and control the charitable trusts the subject-matter of this Act.","sortOrder":26},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nFirst Schedule\n\n(Section 3)\n\nAll that piece or parcel of land situated at Concord in the Municipality of Concord, Parish of Concord and County of Cumberland being the whole of the land comprised in certificate of title registered Volume 4819 Folio 63 but excepting thereout the four acres one rood seven and three-quarter perches of land more particularly described in the Second Schedule hereto.","sortOrder":27},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSecond Schedule\n\n(Section 3)\n\nAll that piece or parcel of land situate at Concord in the Parish of Concord, County of Cumberland, State of New South Wales being part of the land comprised in certificate of title registered Volume 4819 Folio 63 and containing by admeasurement 4 acres 1 rood 7¾ perches more or less Commencing at a point on the mean high water line of Parramatta River said point being the end and termination of the south-eastern side of a road one chain wide and bounded thence on part of the north-west side by the said side of the said road being lines bearing 258 degrees 36 minutes 8 chains 35½ links and 244 degrees 15 minutes 8 chains 39–3/10 links respectively to a south-eastern building line of Hospital Road Thence on the remainder of the north-west by the south-eastern building line aforesaid of Hospital Road being a line bearing 217 degrees 28 minutes 60–3/5 links Thence on the south-west by a line bearing 128 degrees 29 minutes 30 seconds 2 chains 57–57/100 links Thence on the south-east by lines bearing 64 degrees 15 minutes 7 chains 57–57/100 links and 76 degrees 47 minutes 9 chains 35 links respectively to the mean high water line of Parramatta River aforesaid And thence on the north-east by the high water line of that river bearing north-westerly to the point of commencement be the said area and dimensions all a little more or less.","sortOrder":28}],"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":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1938 purpose. Originally designed to establish two specific convalescent hospitals and settle land arrangements between family trustees, the Act has been repurposed through amendments (particularly 1983 and 1997) to serve as an ongoing statutory framework for public health asset management. The 1983 amendments transferred hospital assets to the NSW Health Foundation and dissolved the original corporate body, while 1997 amendments removed the 'for Men' restriction from the Dame Eadith Walker Hospital, allowed renal dialysis services, and introduced leasing powers for horse agistment and public open space—far beyond the original convalescent hospital concept. The Act now functions as a hybrid of trust law, health administration, and land management."},"complexity_factors":["Multiple layers of historical amendments (1938 original, 1983 major restructuring, 1997 and 2011 modernisations) creating overlapping provisions","Complex succession of trusteeship and corporate status—original trustees, then bodies corporate, then dissolution and transfer to the Health Foundation","Extensive cross-referencing to other Acts (Health Administration Act 1982, Walker Trusts (Amendment) Act 1983, Real Property Act 1900, Crown Lands Consolidation Act 1913)","Conditional vesting provisions tied to specific dates and appointed days under the 1983 amending Act","Nested exceptions and savings provisions (e.g., section 11 has five sub-paragraphs of conditions before the main trust distribution rules apply)","Dual hospital structures with similar but distinct governance arrangements that diverge over time through amendments","Archaic land descriptions using chains, links, and bearings in the Schedules alongside modern statutory references"],"plain_english_summary":"This 1938 New South Wales Act manages charitable trusts left by Thomas Walker and his daughter Dame Eadith Campbell Walker to establish and maintain convalescent hospitals.\n\n**What it does:**\n- **Creates two hospitals**: Establishes the **Thomas Walker Convalescent Hospital** (originally for general patients, later specifically for adolescents) and the **Dame Eadith Walker Convalescent Hospital for Men** (later renamed the **Dame Eadith Walker Hospital** and opened to all patients).\n- **Handles land transfers**: Moves specific parcels of land between the Walker family trustees and the new hospital bodies, with some land vesting in the Crown (the government) for hospital purposes.\n- **Sets up funding**: Directs trustees to allocate £100,000 from Thomas Walker's charitable estate—£66,025 for land purchases and £33,975 to establish the men's hospital. A further £10,000 funds a maternity ward in Tenterfield.\n- **Creates corporate bodies**: Makes the trustees of each hospital separate legal entities (\"bodies corporate\") with powers to own property, invest funds, and manage hospital operations.\n- **Modernises over time**: Later amendments (particularly in 1983 and 1997) transferred control of the Thomas Walker hospital to the **New South Wales Health Foundation** (now part of the health department), dissolved the original corporate body, broadened the Dame Eadith hospital's patient base beyond men, and allowed leasing of trust land for public health, open space, or even horse agistment purposes.\n\n**Who it affects:**\n- Patients receiving convalescent and rehabilitation care at the two hospitals (now part of the NSW public health system)\n- The NSW health system, which now manages these facilities through the Sydney Local Health District and the Health Foundation\n- The original trustees, who still manage remaining charitable fund investments and distribute income to support the hospitals\n\n**Why it matters:**\nThis Act converted 19th-century private charitable bequests into ongoing public health infrastructure. It shows how old trusts are adapted over decades to serve modern healthcare needs—transforming gender-specific convalescent homes into broader rehabilitation services while preserving the original charitable funding stream."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available metadata, the Act appears to have retained its original narrow purpose of governing specific Walker family trusts. The periodic amendments appear to be administrative or formatting updates rather than expansions of scope, as the Act remains a highly specific private trust instrument rather than a general piece of trust law."},"complexity_factors":["Actual operative provisions of the Act were not included in the provided text, preventing full analysis","Historical private trust legislation often contains archaic legal language from 1938 drafting conventions","Trust law generally involves layered legal concepts (trustee duties, beneficial interests, powers of investment)","Multiple amendments across decades (1998, 2011, 2021) may have created incremental complexity in how provisions interact","Score is kept low because the apparent scope is very narrow and specific rather than broadly applicable"],"plain_english_summary":"A narrow, long-standing NSW Act governing particular Walker family trusts. Though the text itself isn’t provided here, it’s a private estate-management law—still in force and periodically amended—that determines how specified trust assets are managed, who the trustees and beneficiaries are, and how distributions occur. It principally affects a small group (likely Walker descendants or named beneficiaries); consult a trusts-and-estates solicitor if you may be connected."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. Later amendments shifted the trusts from narrowly‑framed private charitable purposes toward integration with public health administration by transferring assets and liabilities to the NSW Health Foundation (s 18A), broadening permitted uses and renaming the men’s convalescent hospital (s 9A), imposing Foundation duties for an adolescent unit (s 18B), and creating ministerial leasing powers (s 19B) and service validations (s 19C). These changes expand operational control and public‑health functions beyond the Act’s original trust structure."},"complexity_factors":["Multiple trust and corporate entities with overlapping roles and successor arrangements (ss 2, 13, 14, 15, 18A).","Statutory vesting of land in the Crown and discharge of prior encumbrances, including cadastral and registration consequences (ss 3, 5, 6, 7, 8).","Specific monetary appropriations from the charitable fund and ring‑fenced trust accounting and reporting obligations (ss 4, 10, 11).","Transfer of real and personal property, liabilities and proceedings to the NSW Health Foundation and related transitional deeming provisions (s 18A).","Operational directives about control, management and permitted uses of hospital land and services, with ministerial appointment and direction powers (ss 9, 9A, 19, 19A, 19B).","Broad trustee investment and capital‑use discretions affecting trust sustainability and capital/income choices (ss 17, 18).","Validation clauses and purpose expansions (e.g. renal dialysis, adolescent rehabilitation) that alter earlier charitable purposes (ss 18B, 19C, 9A).","Layering of historical amendments and repeals across decades creates cross‑references and interpretive friction (see amendment notes throughout)."],"plain_english_summary":"This Act reallocates specified land and sums from the Walker charitable estate, vests certain Concord land in the Crown, and establishes corporate trustees to hold and manage trust property for convalescent hospitals. It prescribes how sums are to be paid, invested and accounted for and who is to manage the hospitals.\n\nThe law affects the estate trustees, the Colonial Treasurer, the NSW Health Foundation, hospital managers (including Royal Prince Alfred Hospital and Sydney Local Health District), the Minister and named beneficiary hospitals by fixing who pays, who decides and how assets and income may be used for public health purposes."}},"importantCases":[],"_links":{"self":"/api/acts/walker-trusts-act-1938","history":"/api/acts/walker-trusts-act-1938/history","analysis":"/api/acts/walker-trusts-act-1938/analysis","conflicts":"/api/acts/walker-trusts-act-1938/conflicts","importantCases":"/api/acts/walker-trusts-act-1938/important-cases","documents":"/api/acts/walker-trusts-act-1938/documents"}}