Creates a single corporate body called Christ College Trust to hold and manage the lands, endowments and scholarships of Christ College, The Hutchins School and Launceston Church of England Grammar School, vesting specified property without further conveyance and authorising sale, mortgage and investment of trust assets.
It prescribes governance and appointment rules for trustees and school boards, makes the Bishop of Tasmania Visitor with approval powers, sets religious-instruction and scholarship rules, allocates income among the three institutions, and requires audits and donor-directed application of gifts.
Mechanically, the Christ College Act 1926 (as presented) amalgamates historic trusts and boards associated with three Church of England schools into a single corporate trustee, prescribes how the existing property and income are vested and allocated, sets governance structures for the corporation and each institution, preserves specified scholarships and endowments, and provides a governance and dispute-resolution architecture anchored on the Bishop of Tasmania as Visitor. The Act (a) creates a corporate body called "Christ College Trust" (s 2); (b) vests specified real and personal property, choses in action, rights and powers that were previously held by named trustees and by the Bishop under various instruments into that corporation without further conveyance (s 3); (c) defines three institutions to be carried on under the Trust , Christ College, the Hutchins School and the Launceston Church of England Grammar School , and authorises later additions (s 4, s 30); (d) allocates trusts for particular parcels and funds listed in schedules and prescribes how the general income of the Trust is to be distributed among the three institutions (s 14, s 15, Schedules 1-4); (e) provides powers for sale, mortgage and investment of Trust assets including a specific investment test for company debentures (s 16); (f) sets out governance and membership for boards and trustees, appointment terms (generally five years), vacancy filling rules, and duties of wardens/headmasters (ss 5, 6, 7, 10, 29, 32-43); (g) establishes the Visitor role, conferring broad powers of oversight and final decision-making in certain disputes (s 8, s 17); (h) prescribes religious practice and exemptions in the institutions (ss 9, 31); and (i) preserves existing scholarships and specific property dispositions (s 46; Schedules 3-4). The Act comes into operation on 1 January 1927 (s 49).
Current sections
Direct links to the current provisions in Christ College Act 1926.
The Board of Christ College, the Board of the Hutchins School, and the Board of the Launceston Church of England Grammar School shall be a corporate body, by the name of "Christ College Trust", having perpetual succession and a common seal, which shall have full power and authority to hold land and other property, which may sue and be sued, and which shall have all the other rights and privileges of a corporate body.
3
Vesting of trust property in corporation
3 Vesting of trust property in corporation
All property, both real and personal, and all choses in action, rights, and powers at present vested in or held by –
(a) Arthur Larchin Butler, Robert McFarlane Harvey, and William Percy Hood, being and as the trustees of the institution known as Christ College, and in whom the property of that institution was vested by an order of the Supreme Court of Tasmania dated 11th May 1925;
(b) the Venerable Frederick Taylor Whitington, Edward Henry Butler, the Right Reverend Robert Snowden Hay, Edwin Herbert Webster, and William Frederick Dennis Butler, or any one or more of them, as trustees of the Hutchins School;
(c) William Martin Hardwicke Weedon, Stuart Eardley Wilmot, George Crosby Gilmore, Alfred Lawrence Green, Ernest Granville Miller, George Edward Harrap, Robert Lewis Parker, Harry Gillett, Alfred Richard Beresford, George Campbell Hinman, Cyril Aubrey Perrin, and Harry David Hadden Cummins, or any of them, under and by virtue of a deed poll dated 13th August 1862, the Launceston Church of England Grammar School Act 1924, or by any other means upon trust for the Launceston Church of England Grammar School;
(d) His Lordship the Bishop of Tasmania for the time being under and by virtue of the will of James Denton Toosey, deceased, dated 10th May 1882, and registered on 5th May 1884 (Number 22/2154);
(e) the trustees of the property known as the Ancanthe Estate and Franklin Endowment, comprising all the lands described in an indenture dated 2nd November 1843, and made between Sir John Franklin and Jane, his wife, of the first part, Edward Samuel Pickard Bedford of the second part, the Reverend Thomas James Ewing of the third part, John Price of the fourth part, and the Right Reverend Francis Russell Nixon, Bishop of Tasmania, James Ebenezer Bicheno, the said Thomas James Ewing, the Reverend John Phillip Gell, and Ronald Campbell Gunn of the fifth part –
shall, by virtue of this Act, and as from the coming into operation thereof, without any conveyance, assignment, or other instrument, be vested in Christ College Trust, but subject, nevertheless, to all mortgages, leases, and other contracts lawfully made in respect thereof.
4
Institutions
4 Institutions
The objects of Christ College Trust shall be carried on by 3 institutions, Christ College, the Hutchins School, and the Launceston Church of England Grammar School, together with such other institutions as may hereafter be incorporated into the trust under the powers hereinafter contained.
5
Management of Christ College
5 Management of Christ College
*[Section 5 Amended by No. 36 of 1958, s. 5 ]*Christ College shall be managed by the Board of Christ College consisting of the Bishop of Tasmania for the time being, or some clergyman nominated by him, who shall be chairman, and 6 other members. Four of the members of the first board shall be appointed by the Bishop from the existing members of the trustees of Christ College, and the council thereof and the remaining 2 members shall be appointed, one by each of the boards of the Hutchins School and the Launceston Church of England Grammar School respectively.
6
Management of the Hutchins School
6 Management of the Hutchins School
The Hutchins School shall be managed by the Board of the Hutchins School. The present board of that school shall continue in office until 3rd August 1927.
7
Management of the Launceston Church of England Grammar School
7 Management of the Launceston Church of England Grammar School
The Launceston Church of England Grammar School shall be managed by the Board of the Launceston Church of England Grammar School. The present trustees of such school shall constitute the first Board.
8
Visitor
8 Visitor
The Bishop of Tasmania for the time being shall be Visitor of Christ College Trust and all institutions comprised therein, with the same authorities, rights, and privileges as heretofore, so far as the same shall not be inconsistent with this Act. In the absence of the Bishop from the diocese, or in the event of a vacancy in the see, or the disability of the Bishop, the Vicar-General or the Administrator of the diocese shall exercise the functions of the Visitor.
9
Prayers
9 Prayers
Prayers taken from the Liturgy of the Church of England in Tasmania, or of which the form shall have been approved by the Visitor, shall be said daily in each institution comprised in Christ College Trust.
10
Trustees
10 Trustees
The Trustees of Christ College Trust shall consist of the following persons:
(a) 6 persons, two of whom shall be appointed by each of the boards mentioned in sections 5 , 6 , and 7 ;
(b) When any other institution shall have been incorporated in Christ College Trust in accordance with section 30 , the person or persons appointed trustees by each such institution.
Every person so appointed, unless appointed to fill an extraordinary vacancy, shall hold office for a term of 5 years from his appointment and thereafter until his successor shall be appointed.
11
Powers of trustees
11 Powers of trustees
The trustees of Christ College Trust shall manage all property, both real and personal, vested in the corporation for the purpose of producing income, and, except as herein otherwise provided, shall manage all the affairs of Christ College Trust.
12
Common seal
12 Common seal
The trustees of Christ College Trust shall have the custody of the common seal thereof, and the attesting by two trustees of the affixing of the seal shall be sufficient evidence of the affixing of the said seal, and of the due compliance with all regulations and other provisions regarding the execution of the document.
13
Delegation by trustees
13 Delegation by trustees
The trustees of Christ College may permit the board of any institution to hold deeds or securities in connection with such institution, and may delegate to those trustees who are nominated by the board of any institution special control of any special funds held for that institution.
14
Trusts of specified properties
14 Trusts of specified properties
*[Section 14 Amended by No. 66 of 1951, s. 2 ]**[Section 14 Amended by No. 36 of 1958, s. 5 ]*Christ College Trust shall hold –
(ii) the sum of three thousand pounds, which shall be set aside by the trustees of the Christ College Trust out of the proceeds of the sale of the property devised to the Bishop of Tasmania by the said will of James Denton Toosey, and until such sale the income from such property, after payment of all prior charges, shall be paid to the Board of Christ College –
upon trust for an institution to be managed by the Board of Christ College, and hereafter known as Christ College;
(b) the lands and moneys comprised in Schedule 2 upon trust for the Hutchins School;
(c) –
(i) the lands and moneys comprised in Schedule 3 ;
(ii) the sum of six thousand pounds, which shall be set aside by the trustees of Christ College Trust as available for that purpose, but within a period not exceeding 10 years from the passing of this Act –
upon trust for the Launceston Church of England Grammar School: Provided that the income on such portion of the said sum of six thousand pounds as shall not have been so set aside shall be paid to the Board of the Launceston Church of England Grammar School, except in so far as may be necessary to use such income to make up the sums payable to the Board of the Hutchins School under paragraph (a) of section 15 , if the remainder of the property of Christ College Trust shall not provide sufficient income;
(d) the Ancanthe Estate and Lady Franklin Endowment, and all moneys arising thereunder, upon such trusts, and for such purposes, and for such institutions comprised in Christ College Trust as the Bishop of Tasmania shall deem most advisable, having regard to the provisions of the said indenture of 2nd November 1843;
(e) the lands and moneys set forth in Schedule 4 for the scholarships and prizes and for the purposes set forth in that schedule upon trust, to pay the income and annual profits arising therefrom to the boards of the respective institutions at which such scholarships or prizes are tenable or awarded.
15
Trusts of ordinary property
15 Trusts of ordinary property
*[Section 15 Amended by No. 36 of 1958, s. 5 ]**[Section 15 Amended by No. 55 of 1965, s. 3 and s. 5 and Sched. 1 ]*The remainder of the property of Christ College Trust shall be held or invested as capital for the trust generally, and the net annual income arising therefrom shall be paid in the manner following:
(a) As to 30 per centum thereof, to the Board of the Hutchins School for the purposes of such school: Provided that if such sum shall be less than the sum of $1 400 that sum shall be paid, in lieu of the 30 per centum, by equal quarterly payments to the Board of the Hutchins School for the purposes of such school until the whole of the lands belonging to Christ College Trust at Bishopsbourne, in Tasmania, shall be sold, or until 31st December 1936, whichever shall first happen;
(b) As to a further 30 per centum thereof, to the Board of the Launceston Church of England Grammar School for the purposes of such school: Provided that if the amount payable to the Board of the Hutchins School shall be more than 30 per centum, the amount payable under this subsection shall be reduced proportionately with the income hereby allotted to the Board of Christ College;
(c) As to a further 30 per centum thereof, to the Board of Christ College for the purposes of such college: Provided that until Richmond Hill Estate, and other lands devised by the said James Denton Toosey upon the same trusts, shall be sold, the Board of Christ College shall bring the net rents and profits from the Richmond Hill Estate and other lands upon the same trusts, less an amount equivalent to the interest at current rates on $6 000, into hotchpot before they shall be entitled to participate under this section: And provided, further, that if the amount payable to the Board of the Hutchins School shall be more than 30 per centum, the amount payable under this subsection shall be reduced equally with the payment to the Board of the Launceston Church of England Grammar School;
(d) The remaining 10 per centum shall be retained by the trustees of Christ College Trust, and may be invested and reinvested by them, and shall be regarded as principal moneys; but such accumulations or any part thereof may be applied by the trustees at any time, with the consent of the boards of all institutions concerned, in the purchase of any land or buildings, or in the erection of buildings, or in the purchase of equipment for any institution comprised in Christ College Trust: Provided that in any year in which the amount payable to the Board of the Hutchins School exceeds 30 per centum, the trustees may in their discretion reduce the amount retained by them under this subsection, and distribute the balance to the Board of Christ College and the Board of the Launceston Church of England Grammar School.
16
Provisions relating to the sale, &c., of real estate and the investment, &c., of funds
16 Provisions relating to the sale, &c., of real estate and the investment, &c., of funds
*[Section 16 Substituted by No. 66 of 1951, s. 3 ]**[Section 16 Amended by No. 55 of 1965, s. 3 and Sched. 1 ]*No real estate vested in Christ College Trust upon trust for any institution comprised therein shall be sold, mortgaged, or charged, except under the direction of the Board of such institution, and with the approval of the Trustees of Christ College; but subject thereto, Christ College Trust may sell, mortgage, or charge any real or personal estate vested in it (including all lands held by the Trust upon trust for the Hutchins School) upon such terms and conditions in all respects as it may deem advisable, notwithstanding any provisions to the contrary contained in any Act of Parliament, will, deed, or any other instrument; and Christ College Trust shall have full power and discretion to invest from time to time the funds at its disposal as it shall deem most advantageous, including the purchase of real or personal estate, and including the purchase of debentures of a limited liability company, registered in any State of the Commonwealth of Australia, and having in each of the 10 years last past before the date of such investment paid a dividend at the rate of not less than 4 per cent on its ordinary shares; and Christ College Trust shall, when directed by the Board of the Launceston Church of England Grammar School, sell, convey, mortgage, or let the 3 roods of land first described in the third schedule of the Principal Act or any part or parts thereof for such price or prices and on such terms as such Board shall direct.
17
Application of proceeds of property held upon special trust
17 Application of proceeds of property held upon special trust
Any moneys arising from the sale, mortgaging, or charging of any real or personal estate held upon trust for any institution shall be held by Christ College Trust upon trust for such institution, and be applied in such manner as the trustees of Christ College Trust and the board of such institution shall mutually agree, and, failing agreement, as shall be settled by the Visitor: Provided that if real or personal property so sold, mortgaged, or charged shall be subject to any special trust, the moneys arising from the sale, mortgaging, or charging thereof shall remain subject to the same special trusts.
18
Powers of board of management
18 Powers of board of management
The board of each institution shall manage and control the lands, buildings, moneys, and other property held from time to time by Christ College Trust in trust for it other than by way of income-producing property, and generally control and manage the finances thereof, and shall have power to rent any buildings or premises which it may deem suitable, or to accept the use of any buildings or premises which may be placed at its disposal. The Board may at its discretion pay any surplus income to the trustees of Christ College Trust to create or augment an endowment fund for its institution.
19
Appropriation of existing income
19 Appropriation of existing income
Any moneys, school equipment, and other personal estate due to or held by the Board of the Hutchins School and the trustees of the Launceston Church of England Grammar School shall remain under the control of the Board of the Hutchins School and the Board of the Launceston Church of England Grammar School, respectively, for the same purposes as they held the same at the passing of this Act, and all moneys in the hands of the Council of Christ College shall be paid to Christ College Trust, and shall be held for a period of 5 years as a separate fund to be used by the trustees of Christ College Trust at their discretion in making up any deficiency in income to any institution comprised in Christ College Trust, and at the end of the said period of 5 years the balance of the said separate fund (if any) may be continued as a separate fund for the purpose aforesaid, or may be capitalized, as the trustees may deem proper.
20
Charge of existing debts
20 Charge of existing debts
All mortgages, charges, and other debts owing by or charged upon the property of the Hutchins School or the Launceston Church of England Grammar School shall continue to be charged upon, or payable out of, the property held by Christ College Trust in trust for such respective schools; but the property of Christ College Trust shall not otherwise be responsible for or liable to such debts, and all future debts and liabilities incurred by the boards of Christ College, the Hutchins School, and the Launceston Church of England Grammar School respectively shall only render the property of Christ College Trust liable to the same to the extent provided by this Act.
21
Legal proceedings
21 Legal proceedings
The board of any institution comprised in Christ College Trust, and the trustees of Christ College Trust, shall take all legal proceedings in the name of Christ College Trust, and notice to and service on Christ College Trust may be effected by delivery at the office of the trustees of Christ College Trust, which office shall be in Hobart.
22
Evidence
22 Evidence
In all courts, and in all legal proceedings instituted by or against Christ College Trust, the production of a certificate purporting to be under the seal of Christ College Trust, and attested by the signatures of two trustees of the appointment of the trustees of Christ College Trust, or of the Board of Christ College, the Board of the Hutchins School, or the Board of the Launceston Church of England Grammar School, or of any one or more of the members thereof, shall, on production only, be deemed prima facie evidence without further proof that such trustees or boards, or one or more of such members thereof, have been duly appointed according to law, and the onus of proof to the contrary shall rest on the persons or person challenging the validity of such appointment. A copy of any resolution passed by the trustees or by any board authenticated by the seal of Christ College Trust shall be conclusive evidence of the due passing of such resolution.
23
Donations, &c., and their application
23 Donations, &c., and their application
All subscriptions, donations, or endowments hereafter accepted by Christ College Trust shall be applied or invested, and the income thereof applied, for the purposes and in the manner directed by the donors, and, failing any such directions, the same shall be applied as provided for in section 15 .
24
Application of special donations
24 Application of special donations
*[Section 24 Amended by No. 36 of 1958, s. 5 ]*The board of each institution shall have power to direct the purposes and manner in which any real or personal property held in trust for, or given or left to or for, such institution shall be applied: Provided that no such direction shall be contrary to the purposes directed by the donor thereof, and until such direction shall be given Christ College Trust shall manage or invest the same and pay the income arising therefrom to the board of such institution. All gifts, bequests, devises, or settlements to or for any institution comprised in Christ College Trust, or the trustees of such institution, shall be considered to be to or for Christ College Trust for the benefit of such institution.
25
Audit of accounts
25 Audit of accounts
The books of account of Christ College Trust for each calendar year shall be examined, vouched, and audited before 1st April in the following year, and a copy of the accounts so audited shall forthwith be forwarded to the Visitor and to the board of every institution comprised in Christ College Trust, and likewise the accounts of each board shall be examined, vouched, and audited, and a copy thereof forwarded to the Visitor and to Christ College Trust.
26
Regulations
26 Regulations
Except as otherwise provided in this Act, the board of every institution and the trustees of Christ College Trust shall each have power to make regulations for all or any of the following purposes:
(a) The conduct of its business, including the election of a president or chairman, and the term of his tenure, and the quorum of members, and the execution of deeds and other documents;
(b) The appointment, employment, and dismissal of members of the teaching staff, officers, and other employees under its control;
(c) The government, management, and discipline of the institution managed by it;
(d) The admission, teaching, and management of boys or students;
(e) The granting of scholarships or prizes, including the number to be granted, and the value and term thereof, and manner in which the same shall be awarded or applied, and the capitalization of any income not required for current scholarships or prizes;
(f) Any other purpose approved of by the Visitor.
27
Passing of regulations
27 Passing of regulations
*[Section 27 Amended by No. 36 of 1958, s. 5 ]*All regulations must be passed at a meeting specially convened for that purpose, and be approved by the Visitor. Any regulation so made may be amended or revoked as occasion shall require at a meeting specially convened for the purpose, and all such alterations must be approved by the Visitor.
28
Conference with Visitor
28 Conference with Visitor
The Visitor, by notice in writing to the president or chairman of the trustees, or of any board, may require him to call a meeting thereof for the purpose of a conference with the Visitor. The president or chairman shall forthwith call a meeting of such trustees or board for that purpose, at which meeting the Visitor shall preside.
29
Duties of warden and headmasters
29 Duties of warden and headmasters
The warden or headmaster of any institution shall be the advisor of the board thereof, and the chief executive officer in all matters affecting its internal management, and shall be responsible to the board for its proper discipline and teaching. He shall, except when the board otherwise determines, be entitled to be present at meetings of the board, but shall not be or become a member of the board.
30
Additional institutions
30 Additional institutions
It shall be lawful for the trustees of Christ College to incorporate in Christ College Trust, with the consent and approval of the Visitor, any other institution connected with the Church of England in Tasmania whose principal object shall be to afford a means of education for the youth of Tasmania, provided that the approval of the boards of all institutions comprised within Christ College Trust shall first have been given. Any such institution may be allotted such portion of the capital or income of Christ College Trust as may be unanimously agreed to by the trustees of Christ College, and such boards, and the board of any such institution, may appoint either one or two trustees of Christ College Trust, as may have been agreed upon, on its incorporation with Christ College Trust.
31
Religious teaching
31 Religious teaching
(1) In accordance with the intention of the original founders, the religious services and ritual to be used in all institutions comprised within Christ College Trust, and the theological instruction to be imparted under the scheme provided by this Act, shall be in accordance with the practice and principles of the Church of England in Tasmania.
(2) No religious test whatever shall be imposed upon boys or students desirous of entering any such institution, and attendance upon religious services shall not be compulsory upon any boys or students whose parents or guardians may state in writing their objection to such attendance; but the boarders will be expected to attend daily prayers.
32
Extraordinary vacancies
32 Extraordinary vacancies
The seat of any member of the trustees of Christ College Trust or of the board of any institution shall become vacant by his death or resignation, or by his becoming bankrupt or insolvent, or going to reside out of Tasmania, or by his refusal or incapacity to act, or if he shall neglect to attend the meetings of the trustees or the board of which he is a member for the space of 6 months without leave of absence previously obtained. Any extraordinary vacancy shall be filled up within 3 months after the same shall have arisen, in the same manner as the person originally appointed a member was appointed, and, failing such new appointment within 3 months of the vacancy occurring, the trustees or board may elect a member to the vacant seat. Any member appointed to fill an extraordinary vacancy shall hold office for the remainder of the period for which the member whose seat had become vacant had originally been appointed.
33
Appointment of Board of Christ College
33 Appointment of Board of Christ College
*[Section 33 Amended by No. 36 of 1958, s. 5 ]*Subject to section 5 , the Board of Christ College shall consist, in addition to the chairman, of two members appointed by the Visitor, two members appointed in such manner as the Synod of the Church of England in Tasmania shall direct, and two members appointed, one by each of the Boards of the Hutchins School and the Launceston Church of England Grammar School respectively. Members shall hold office for the term of 5 years from the date of their appointment, and thereafter until their successors are appointed. At least 3 members of the Board shall be clergymen of the Church of England in Tasmania.
34
Duties of Board
34 Duties of Board
The Board of Christ College shall provide for the training of young men in theological learning and Christian doctrine for admission to holy orders in connection with the Church of England in Tasmania, and, so far as its means will allow, shall provide for a college or hostel for students attending the University of Tasmania: Provided that the general theological and devotional standard shall be as prescribed by the Bishop.
35
Site of Christ College
35 Site of Christ College
Until otherwise determined by the Board of Christ College, the institution known as St Wilfred's, Cressy, together with Christ College, now established on the lands described in Schedule 1 , shall be carried on by the Board of Christ College; but the Board may close St Wilfred's College at Cressy, and thereafter carry on all theological instruction at Christ College. The site of Christ College shall only be altered by the vote of two-thirds of the members of the Board with the approbation of the Visitor.
36
Appointment of Warden of Christ College
36 Appointment of Warden of Christ College
[Section 36 Substituted by No. 99 of 1982, s. 3 and Sched. 2, Part II ]
(1) The Warden of Christ College may be appointed or dismissed only by the Visitor, after consultation with the Board of Christ College.
(2) Before the appointment of a Warden under subsection (1) , the Board of Christ College shall fix his term of office, his duties, and his remuneration.
(3) A person appointed to the office of Warden shall be a communicant member of the Anglican Church of Australia, and shall be either a graduate of a university, or the holder of a theological diploma, approved by the Bishop of Tasmania.
37
Power of affiliation
37 Power of affiliation
Subject to the approval of the Visitor, it shall be lawful for the Board of Christ College, if it thinks fit so to do, to affiliate the College to the University of Tasmania or any other university.
38
The Hutchins School
38 The Hutchins School
The Hutchins School shall be conducted in the manner and according to the regulations usually adopted in English public schools, and the object of the Hutchins School is to afford the means of imparting the education usually given at English public schools, so far as the conditions in the State of Tasmania allow of the same being carried out and which shall not be inconsistent with or contrary to the principles of the Church of England in Tasmania.
39
Appointment of the Hutchins School Board
39 Appointment of the Hutchins School Board
[Section 39 Substituted by No. 66 of 1951, s. 4 ]
(1) The Board of the Hutchins School shall consist of 9 members, of whom one shall be appointed by the Board of Christ College, 3 by the Visitor, and the remaining 5 members by the Hutchins School Old Boys' Association from amongst its members in such manner as such Association shall determine; and all such members so appointed to the Board of the Hutchins School shall hold office for 5 years and thereafter until their successors are appointed; provided that no member of the last-mentioned Board shall hold office for more than 10 consecutive years.
(2) The Hutchins School Old Boys' Association shall consist of such old scholars of the Hutchins School and other persons who shall have become members of that Association.
40
Old Scholars' Association and the Hutchins School Fund
40 Old Scholars' Association and the Hutchins School Fund
*[Section 40 Amended by 25 Geo. V No. 78 ][Section 40 Amended by No. 66 of 1951, s. 5 ][Section 40 Amended by No. 55 of 1965, s. 5 ]*All subscriptions, donations, or endowments received for the purposes of the school shall, if no specific destination be directed by the donors, be carried to a fund called the Hutchins School Fund, which shall be a continuing fund for the purposes of the school. The Hutchins School Fund shall be carried to a separate account by the Board of the Hutchins School, and may be applied by the Board at any time in the purchase of any land or in the erection of any buildings for the purposes of the school, or improvements to buildings and premises, or in the purchase of equipment, or, with the consent of the trustees of Christ College, in urgent repairs, provided that, so far as practicable, repairs to buildings shall be effected out of the ordinary income of the school under the disposal of the Board. Any such moneys from time to time remaining unappropriated by the Board exceeding the sum of $200 shall be paid to and invested by Christ College Trust until required by the Board for any of the purposes above-mentioned. The trustees, at the request of the Board, shall raise moneys by way of mortgage on any land so purchased, and any moneys so raised shall be considered as portion of the Hutchins School Fund and be applicable accordingly.
41
The Launceston Church of England Grammar School
41 The Launceston Church of England Grammar School
The Launceston Church of England Grammar School shall be a public school in or near the city of Launceston, in Tasmania for the education of youth in general literature which shall not be inconsistent with or contrary to the principles of the Church of England in Tasmania, and the management of the affairs of the said school shall be under the order, direction, and control of the Board thereof.
42
Appointment of its Board
42 Appointment of its Board
[Section 42 Amended by 25 Geo. V No. 78 ]**[Section 42 Amended by No. 36 of 1958, s. 5 ]
(1) Subject to the provisions of subsection (2) the Board of the Launceston Church of England Grammar School shall consist of not more than 13 persons nor less than 8 persons who are members of the Church of England in Tasmania. One member shall be appointed by the Board of Christ College, and shall hold office for a term of 5 years from the date of his appointment and thereafter until his successor is appointed. The said Harry David Hadden Cummins shall be the first such member, and the remaining members shall be appointed from time to time in the same manner as the trustees of the said school were formerly appointed under the before-mentioned trust deed dated 30th August 1862.
(2) After 30th April 1936 the Board of the Launceston Church of England Grammar School shall consist of 12 members, of whom 2 shall be appointed by the Board of Christ College; 4 by the Visitor; and the remaining 6 members by the Old Launcestonians Association, in such manner as such Association shall determine; and all such members shall hold office for a term of 5 years and thereafter until their successors are appointed.
(3) The Old Launcestonians Association shall consist of such old scholars of the Launceston Church of England Grammar School and other persons who join the Association.
43
Appointment and dismissal of headmasters
43 Appointment and dismissal of headmasters
*[Section 43 Amended by No. 66 of 1951, s. 6 ]**[Section 43 Amended by No. 36 of 1958, s. 5 ]*The headmasters of the Hutchins School and of the Launceston Church of England Grammar School shall be appointed or dismissed by the boards of their respective schools in manner following, that is to say:
(a) The board shall fix the term for which such headmaster is to be appointed, his duties, and his remuneration, and, at a meeting specially convened for that purpose, shall nominate a fit and proper person to be headmaster;
(b) Notice in writing of such nomination shall be posted by registered letter to the Visitor, who shall thereupon, by notice in writing to the board –
(i) approve of such nomination;
(ii) require a conference; or
(iii) disapprove of such nomination;
(c) If the Visitor shall approve of such nomination, or if the Visitor shall not, within 14 days, from the posting of such nomination, give notice requiring a conference or disapproving of such nomination, the person so nominated shall be appointed the headmaster;
(d) If the Visitor shall require a conference the board shall forthwith arrange for the same, and at that meeting the Visitor may approve of such nomination, and thereupon, or if the Visitor does not attend, the person so nominated shall be appointed headmaster;
(e) If the Visitor attends at such meeting and does not approve of such nomination, or if the Visitor, by notice as aforesaid, disapproves of such nomination, the board shall in like manner nominate a second person, and the same procedure shall be followed;
(f) If such second person is not appointed, then the board shall in like manner nominate a third person, and the same procedure shall again be followed;
(g) If such third person is not appointed, then the board shall appoint a headmaster without further reference to the Visitor;
(h) The headmaster shall be a member of the Church of England in Tasmania;
(i) The board may remove a headmaster by a resolution passed at a meeting specially convened for that purpose, and subsequently approved in writing by the Visitor. If the Visitor does not approve, he may require a conference with the board;
(j) If the approval of the Visitor is not obtained within 14 days from the date of such resolution and the Visitor has not required a conference, or if a conference is held and the board adheres to its resolution, it shall be lawful for the board to hold another meeting specially convened, and, by a resolution passed by at least two-thirds of those present at such meeting, to remove the headmaster.
Wherever in the Act the expression "The Church of England in Tasmania" occurs, and the context so admits, the same shall include any church in communion with that church, and any church of which the Church of England in Tasmania forms a part or branch.
46
Continuation of scholarships
46 Continuation of scholarships
All scholarships awarded at the commencement of this Act shall continue as if this Act had not been passed.
47
Franklin Museum
47 Franklin Museum
It shall be lawful for the trustees of Christ College Trust to convey the building known as the Franklin Museum, together with the land on which it stands and land adjacent thereto not exceeding 3 roods in all, to the mayor, aldermen, and citizens of Hobart upon such terms as the trustees may deem advisable; and such powers are in addition to the powers of selling and mortgaging, alienating, and conveying all or any part of the Ancanthe Estate and the Franklin Endowment conferred by section 16 .
48
Variation of trusts
48 Variation of trusts
*[Section 48 Amended by No. 55 of 1965, s. 5 ]*The provisions of any Act of Parliament, deed of trust, or will which are inconsistent with, or vary or limit, the powers hereby granted shall be null and void: Provided that nothing herein contained shall prejudice or affect the rights or privileges of John Stebbings and William Stebbings granted to them under the will of the late James Denton Toosey, deceased, or the payment of the sum of $50 per annum in or towards the maintenance and support or otherwise for the benefit of a clergyman for the parish of Cressy: And provided, further, that on the sale of the Richmond Hill Estate and other lands held upon the same trusts the sum of not less than $1 200 nor more than $2 000 as the Visitor shall direct shall be paid to the trustees of the property of the Church of England in Tasmania in full settlement of the obligation to the parish of Cressy, to be held by such trustees upon trust to apply the income for the stipend of the clergyman of the parish of Cressy, or otherwise for the purpose of providing clerical administration at Cressy aforesaid and for the surrounding district.
49
Operation
49 Operation
This Act shall come into operation and shall take effect on 1st January 1927.
SCHEDULE 1
SCHEDULE 1
SCHEDULE 1 SCHEDULE 1
| All that piece or parcel of land situate and being in the City of Hobart in Tasmania containing 3 acres 2 roods and 7/10ths of a perch having frontages on Park, Davenport and Shoobridge Streets and which said piece of land is more particularly delineated and described in Certificate of Title Registered Volume CCLXXIV Folio 108. |
SCHEDULE 2
SCHEDULE 2
SCHEDULE 2 SCHEDULE 2
| 1. All those 2 acres 1 rood and 18 perches of land situate and being in the City of Hobart and bounded as follows (that is to say) on the north-west by 4 chains 39 links and one-half of a link north-easterly along Collins Street commencing at the angle with Barrack Street on the north-east by 5 chains 5½ links south-easterly along Lot 1 purchased from the Crown by William Lodewyk Crowther to Macquarie Street on the south-east by 4 chains and 90½ links south-westerly along that street on the south-west by 70 links north-westerly along an allotment on which formerly stood the fountain again on the south-east by 48½ links south-westerly also along that allotment to Barrack Street aforesaid and thence again on the south-west by 4 chains 19 links and one half of a link north-westerly (in the Hutchins School Act 1911 erroneously called south-westerly) along that street to the point of commencement the same being the lands granted to William Kermode Richard Dry Fitzherbert Adams Marriott Valentine Fleming and Rowland Robert Davies and their heirs by letters patent dated the 14th day of December 1847 but subject nevertheless to the annual charge of £48 for the purpose of the Newcastle scholarships created by the indenture dated the 13th day of July 1854 and made between the Right Rev. Francis Russell Lord Bishop of Tasmania of the first part the Rev. John Richard Buckland therein described of the second part Richard Dry the Venerable Fitzherbert Adams Marriott and the Venerable Rowland Robert Davies all therein described of the third part Richard Dry and Robert William Nutt of the fourth part and William Robertson of the fifth part. |
| 0A. 0R. 5½P. |
| 2. Bounded on the south-west by 70½ links north-westerly along Barrack Street commencing at the angle of that street and Macquarie Street on the north-west by 48½ links north-easterly along land granted to William Kermode Richard Dry Fitzherbert Adams Marriott Valentine Fleming and Rowland Robert Davies on the north-east by 70 links south-easterly also along that grant and thence on the south-east by 49 links south-westerly along Macquarie Street aforesaid to the point of commencement. |
| |
| 3. All and singular the lands and hereditaments comprised and described in an indenture dated the 24th day of December 1918 registered number 14/4202 and made between George Harry Gibson of the one part and the Venerable Frederick Taylor Whitington Edward Henry Butler the Very Reverend Robert Snowden Hay Edwin Herbert Webster and William Frederick Dennis Butler of the other part the same containing 1 rood 22½ perches or thereabouts subject nevertheless to the payment of the principal sums of £3 000 and £250 and interest charged thereon by way of mortgage. |
| |
| 4. All that piece or parcel of land situate in the City of Hobart aforesaid containing 3 acres 1 rood and 21 perches bounded by Parliament and King Streets the Sandy Bay Rivulet and by lands now or formerly in the names of George Cooper and F. and L. Garrett which said piece of land is more particularly delineated and described in Certificate of Title Registered Volume CXCIX Folio 80. |
| |
| 5. The Endowment Fund to be accumulated at compound interest until 3rd August 1946 and thereafter the income to be paid to the Board for general school purposes and which fund now amounts to £291 4s. 10d. |
SCHEDULE 3
SCHEDULE 3
SCHEDULE 3 SCHEDULE 3
| 1. All those 3 roods of land situate and being in the City of Launceston in Tasmania and bounded as follows (that is to say) on the north-east by 170 feet and 4 inches south-easterly along George Street from its angle with Elizabeth Street on the south-east by 198 feet south-westerly along land reserved for the Church of England on the south-west by 170 feet and 7 inches north-westerly also along that land to Elizabeth Street aforesaid and thence on the north-west by 198 feet north-easterly along that street to the point of commencement subject nevertheless to the principal sum of £2 000 and interest charged thereon by way of mortgage and subject to the principal sum of £230 and interest charged thereon being part of the Jubilee Fund of £300 hereinafter mentioned. |
| |
| 2. All that piece or parcel of land part of the Mowbray Estate situate in the parish of Seaford in the County of Dorset in Tasmania containing by estimation 25 acres and 3 perches or thereabouts and bounded on the north-west by a line commencing at the western angle of the said estate on the River Tamar and extending 19 chains 49 links and 2/10ths of a link or thereabouts north-easterly along land formerly belonging to William Dawson Grubb to a point distant 15 chains 80 links and 8/10ths of a link south-westerly from the George Town Road thence on the north-east by a line of 14 chains 1 link south-easterly along a newly laid out street 43 feet 6 inches wide called Valentine Street to a point distant 16 chains 28½ links south-westerly from the George Town Road thence on the south-east by a line of 4 chains 86½ links or thereabouts south-westerly along land sold and conveyed by Martin Mowbray Stephenson James Scott and Alexander Murray Milligan to Janet McKenzie portion of which has been dedicated as a public street 50 links wide known as Button Street thence again on the south-east by a line of 10 chains or thereabouts south-westerly in another bearing along the last-mentioned land to the River Tamar aforesaid and thence on the south-west by that river north-westerly to the commencing point aforesaid together with a right-of-way and passage at all times with or without horses cattle carts and vehicles in over along and upon the strip of land or roadway 75 links wide leading from the last-mentioned south-eastern boundary of the land hereinbefore described south-easterly and then north-easterly through the said land formerly belonging to the said Janet McKenzie to the George Town Road aforesaid as the said land hereinbefore described and the said roadway are more particularly delineated in the plan thereof drawn on the aforesaid Indenture of Conveyance and Mortgage Registered Number 15/4237 and therein surrounded by red and green lines respectively subject nevertheless to the principal sums of £8 500 and £3 500 and interest charged thereon by way of mortgage. |
| |
| 3. The Jubilee Fund amounting to £300 which is made up of £230 charged upon the 3 roods of land above-mentioned and £70 invested at interest. |
| |
| 4. The Endowment Fund at present consisting of £22 10s. a legacy from Miss Eliza Stewart. |
| |
| Note |
| |
| A terrace of three houses known as Nos. 92 94 and 96 in Balfour Street Launceston and a sum of £2 000 and the income therefrom which are held upon trust for the Launceston Church of England Grammar School for chapel purposes do not vest in Christ College Trust but shall be dealt with as directed by the Board of the Launceston Church of England Grammar School. |
| |
| And certain building society shares in the name of the trustees of the Launceston Church of England Grammar School which are being subscribed for by various persons to reduce loans of £4 000 incurred by the said trustees in the course of building the new school premises do not vest in the Christ College Trust but shall be dealt with as directed by the Board of the Launceston Church of England Grammar School. |
SCHEDULE 4
SCHEDULE 4
SCHEDULE 4 SCHEDULE 4
| Scholarships and prizes to be awarded by the Board of Christ College and tenable at Christ College |
| | £ |
| For "The Pedder" open to sons of persons resident in Tasmania | 500 |
| | |
| For "The Dry" open to sons of persons resident in the State of Tasmania | 500 |
| | |
| For "The Gell" to be awarded for proficiency in some subject or subjects of Divinity | 350 |
| | |
| For "The Dumaresq" open to sons of persons resident in the State of Tasmania | 40 |
| | |
| And 120 acres of land near New Norfolk in Tasmania given by Edward Dumaresq to the college for this purpose. | |
| | |
| To be awarded by the Board of the Launceston Church of England Grammar School and tenable at such School |
| | £ |
| For "The Hutchins" open to boys between 10 and 13 years of age | |
| | |
| For "The Richard Green" open for competition to boys under 16 years of age tenable for one year | 425 |
| | |
| For "The William Turner" open for competition to Church of England boys under the age of 16 years tenable for three years | 400 |
| | |
| For "The Williatt-Moore" scholarships awarded as determined from time to time by the Board tenable for three years (at present but subject to alteration) open for competition to boys under 12 years and held twice in every three years | 500 |
| | |
| For "The Percy Shearn" free tuition for such scholar as the Board shall from time to time select with or without a competitive examination by virtue of the Launceston Church of England Grammar School Act 1924. | |
| | |
| For "The Hawkes Prizes" for Latin essay English essay euclid and algebra fractions and decimals square and cube roots writing reading and such other matters or subjects as the Board shall from time to time think fit | 1 000 |
| | |
| For "The Gillett Prize" | 30 |
| | |
| To be awarded by the Board of the Hutchins School and tenable at such School |
| | |
| For the senior Newcastle open to competition to boys over 12 years of age and under such age as the Board shall appoint one scholarship granted yearly of the value of £12 per annum and tenable for two years. | |
| | |
| For the junior Newcastle open to competition to boys under the age of 12 years one scholarship granted yearly of the value of £12 per annum and tenable for two years. | |
| | |
| (These scholarships are chargeable on the Hutchins School by the said indenture of the 13th day of July 1854.) | |
| | |
| For "The Harvey" open for competition to boys under the age of 11 years | 300 |
| | |
| For "The Franklin" open only to sons of persons residing within a radius of ten miles from the post office in the town of Franklin County of Kent in Tasmania | 150 |
| | |
| Together with 50 acres of land at Franklin given by Lady Franklin for the purposes of this scholarship. | |
| | |
| Note |
| | |
| The Capital from which the "McNaughton" and "Crace Calvert" scholarships and "Henry Martin" and "Billy Gill" prizes are derived is not held by the trustees of the Hutchins School, and therefore does not vest in Christ College Trust. | |
| | |
| To be awarded by the trustees of Christ College Trust and tenable at the Launceston Church of England Grammar School the Hutchins or any other school hereafter incorporated into Christ College Trust |
| | £ |
| For "The Clerical" open only to sons of clergymen of the Church of England in Tasmania resident in the State of Tasmania | 1 350 |
| | |
| For "The Magistrates" open to sons of persons resident in the State of Tasmania | 500 |
| | |
| For "The Medical" open only to sons of medical practitioners resident in the State of Tasmania | 450 |
| | |
| For "The Stuart Prize" for proficiency in English prose composition | 110 |
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
1 Short title
1 Short title
This Act may be cited as the Christ College Act 1926 .
2 Incorporation
2 Incorporation
The Board of Christ College, the Board of the Hutchins School, and the Board of the Launceston Church of England Grammar School shall be a corporate body, by the name of "Christ College Trust", having perpetual succession and a common seal, which shall have full power and authority to hold land and other property, which may sue and be sued, and which shall have all the other rights and privileges of a corporate body.
3 Vesting of trust property in corporation
3 Vesting of trust property in corporation
All property, both real and personal, and all choses in action, rights, and powers at present vested in or held by –
(a) Arthur Larchin Butler, Robert McFarlane Harvey, and William Percy Hood, being and as the trustees of the institution known as Christ College, and in whom the property of that institution was vested by an order of the Supreme Court of Tasmania dated 11th May 1925;
(b) the Venerable Frederick Taylor Whitington, Edward Henry Butler, the Right Reverend Robert Snowden Hay, Edwin Herbert Webster, and William Frederick Dennis Butler, or any one or more of them, as trustees of the Hutchins School;
(c) William Martin Hardwicke Weedon, Stuart Eardley Wilmot, George Crosby Gilmore, Alfred Lawrence Green, Ernest Granville Miller, George Edward Harrap, Robert Lewis Parker, Harry Gillett, Alfred Richard Beresford, George Campbell Hinman, Cyril Aubrey Perrin, and Harry David Hadden Cummins, or any of them, under and by virtue of a deed poll dated 13th August 1862, the Launceston Church of England Grammar School Act 1924, or by any other means upon trust for the Launceston Church of England Grammar School;
(d) His Lordship the Bishop of Tasmania for the time being under and by virtue of the will of James Denton Toosey, deceased, dated 10th May 1882, and registered on 5th May 1884 (Number 22/2154);
(e) the trustees of the property known as the Ancanthe Estate and Franklin Endowment, comprising all the lands described in an indenture dated 2nd November 1843, and made between Sir and , his wife, of the first part, of the second part, the Reverend of the third part, of the fourth part, and the Right Reverend , Bishop of Tasmania, , the said , the Reverend , and of the fifth part –
The Act’s text contains several provisos and dated transitional arrangements that affect distribution and operation (for example, the 30/30/30/10 net income allocation and a minimum payment floor for the Hutchins School in s 15, and time-limited references to past dates). It also contains express power to override inconsistent private instruments or Acts to the extent they are inconsistent with the powers granted by the Act (s 48), while preserving particular named legacy rights and certain obligations (s 48 provisos). Practically, trustees obtain wide powers to manage, invest and dispose of property (s 11, s 16), subject to specific constraints where property is held for an institution (s 16 first sentence). The Bishop of Tasmania (or nominated clergyman) plays multiple roles: chairman of the Board of Christ College (s 5), Visitor with supervisory authorities (s 8), and appointing/approving authority for several senior roles (ss 33, 36, 43). The Act preserves both local religious practice and a right for parents/guardians to object in writing to religious attendance (s 31(2)).
Officially, the instrument reorganises ownership and governance of Church of England educational trusts for administrative efficiency and continuity. Mechanically it centralises property under a corporate trustee, prescribes income distribution and endowment management, and embeds ecclesiastical oversight. The text itself sets out the operational levers (who decides), the flows of money and property (who pays), and the internal dispute pathways (how disagreements are resolved), several of which have enduring consequences for administrators and advisers dealing with these schools and the Trust.
Main concepts
The Act is built around a small number of interlocking legal concepts: corporate vesting of former trusts, institutional allocation, trustee and board division of roles, visitor oversight, express distribution formulae for income, variation and protection of certain legacy trusts, and statutory powers to deal with real and personal property.
Corporate vesting and continuity. Section 2 incorporates the three school boards as one corporate body with perpetual succession and a common seal. Section 3 operates a statutory vesting: various specified properties and rights that were previously held by named trustees, bodies or under wills/deeds are vested in Christ College Trust "without any conveyance, assignment, or other instrument". The statutory vesting is subject to existing mortgages, leases and contracts (s 3).
Dual governance: trustees and boards. The Act separates the roles of the trustees of Christ College Trust (responsible for managing the property to produce income and, broadly, managing the Trust's affairs , s 11) and the boards of the constituent institutions (responsible for institution management and control of lands, buildings and non-income-producing property held in trust for the institution , s 18). Trustees hold custody of the common seal (s 12) and may delegate special control of funds to institution-nominated trustees (s 13).
Prescribed income allocation. The Act specifies how the "net annual income" of the remainder of the Trust’s capital is paid: generally 30 per cent to Hutchins, 30 per cent to Launceston Grammar, 30 per cent to Christ College, and 10 per cent retained as principal by the trustees (s 15). That 10 per cent can be invested or used, with boards’ consent, for capital projects across institutions. The section contains provisos and transitional rules (minimum sums, hotchpotting of specific rents and profits, and potential reductions if Hutchins receives more than 30 per cent).
Specific trusts and schedules. Section 14 and Schedules 1-4 identify parcels of land, moneys, named endowments, scholarships and prizes and fix them to particular institutions or purposes, including independent directions for how certain funds are to be applied. Some items are expressly excluded from vesting (Schedule 3 notes).
Property powers and investment test. Section 16 grants Christ College Trust broad powers to sell, mortgage, charge and invest, including the ability to invest in debentures of limited liability companies meeting a ten-year dividend history and a defined minimum return (4 per cent). The section also restricts sale/mortgage of real estate held on trust for an institution so that such dealings require the direction of the Board of that institution and the approval of the Trustees.
Visitor oversight and dispute resolution. The Bishop of Tasmania is named Visitor (s 8), with authority to exercise historical privileges and to preside at conferences with boards (s 28). Where trustees and a board cannot agree on the application of proceeds of a sale/mortgage/charge, the Visitor settles the matter (s 17). The Visitor also must approve regulations and may require meetings (ss 26-28).
Religious instruction and exemptions. Prayers from the Church of England liturgy or visitor-approved forms are to be said daily (s 9). The Act requires theological instruction and services to conform to Church of England practice and principles (s 31(1)), while forbidding religious tests for entry and permitting written parental objection to compulsory attendance (s 31(2)), with an expectation that boarders will attend daily prayers.
Procedural and evidentiary devices. The Act prescribes audit timetables and reporting (s 25), authorises trustees and boards to make regulations subject to Visitor approval (ss 26-27), and allows production of authenticated certificates under seal and signature to operate as prima facie evidence of appointments and resolutions (s 22). Legal proceedings are to be taken in the name of Christ College Trust and service is effective at the trustees' Hobart office (s 21).
Preservation and variation of older trusts. Section 48 declares that inconsistent Acts, deeds, or wills are null and void so far as they limit the powers granted, but preserves specific named rights and obligations (e.g., rights of John and William Stebbings, and certain parish obligations), and requires certain payments upon sale of particular estates.
These concepts interact to produce an institutional framework where a corporate trustee holds and manages capital and income production; boards manage educational operation and institution-held property; and the Visitor acts as ecclesiastical governor and dispute resolver. The schedules and specified monetary values (including legacy sums and named scholarships) anchor the general powers to existing real-world assets and obligations.
Who it affects
Primary decision-makers and fiduciaries named in the Act are the trustees of Christ College Trust, the boards of the three principal institutions (Christ College, the Hutchins School, and the Launceston Church of England Grammar School), wardens/ headmasters, and the Bishop of Tasmania as Visitor. The Act also imposes obligations and confers rights on donors, scholarship beneficiaries, parents/guardians, old scholars associations (for appointments), and named legacy beneficiaries.
Trustees of Christ College Trust (s 2, s 11). They hold title to the property vested by statute, manage income-producing property, have custody of the common seal (s 12), and may invest and dispose of assets in accordance with the Act (s 16). They are appointed per s 10 and hold office generally for five years unless filling an extraordinary vacancy (s 10, s 32). Trustees make decisions affecting capital and investment and must balance allocation rules set out in s 15 and the special trusts in s 14 and Schedules.
Boards of the three institutions (ss 5-7, 18, 33, 39, 42). Each board runs its institution, appoints/dismisses headmasters (with Visitor procedures) and manages the lands, buildings and non-income-producing property held in trust for it (s 18). The composition, appointment processes and term lengths for board members are prescribed (s 5, s 39, s 42). The Hutchins School Old Boys' Association and the Old Launcestonians Association have roles in appointing board members (ss 39(1), 42(2)).
The Visitor, Bishop of Tasmania (s 8). The Visitor has supervisory and resolving powers, must approve regulations (ss 26-27), may preside over required conferences with any board/trustees (s 28), approves certain senior appointments (e.g., Warden of Christ College under s 36; headmasters under the procedure in s 43), and settles disputes about proceeds of sale or charging of specially held property when trustees and boards disagree (s 17).
Wardens and headmasters (s 29, s 36, s 43). Wardens/headmasters are the chief executive officers responsible to their boards for discipline and teaching. The Warden of Christ College must be a communicant Anglican and meet educational/theological qualification requirements (s 36). Headmasters of Hutchins and Launceston Grammar are subject to appointment/dismissal procedures involving the boards and the Visitor (s 43) and are required to be members of the Church of England in Tasmania (s 43(h)).
Donors and beneficiaries. Donors’ directions for how subscriptions, donations, or endowments are to be applied must be followed (s 23). Failing directions, the income is applied under s 15. The Act preserves existing scholarships (s 46) and lists numerous named scholarships and prizes in Schedule 4 with their tenability rules and values; these affect students and prospective entrants.
Local communities and specific legacy claimants. Named individuals such as John and William Stebbings and parish obligations (s 48) are preserved. The Act also contemplates conveying built heritage such as the Franklin Museum to Hobart’s municipal authorities (s 47).
Indirectly, the Act affects parents and guardians (via the religious attendance regime in s 31(2)), old scholars associations (appointment functions in ss 39 and 42), and creditors: existing mortgages and charges remain attached to the property vested (s 3, s 20), and property held for a school remains liable for pre-existing obligations charged on it (s 20).
From a market and administrative perspective, the Act reallocates control of assets and income flows from disparate trustees to a single statutory corporation and distributes decision rights between trustees, boards and the Visitor. Those who "pay" (providing donations or grounding endowments) retain directions if provided, otherwise their funds flow through the distribution rules. Those who "decide" include the trustees (property/investment), the boards (institutional operation and direction on sale of institution-held real estate where required), and the Visitor (oversight and final determinations). The Act establishes concrete incentives: trustees are enabled to invest and generate income (s 16) while boards can secure ongoing income streams under the s 15 allocation; both have levers to influence capital projects through consent and requests.
Key duties and rights
The Act creates a network of statutory duties, powers and rights for trustees, boards, the Visitor, wardens/headmasters, donors, and auditors. The following are the principal obligations and entitlements created or preserved in the text.
Trustees of Christ College Trust
Duty to manage property vested in the corporation for the purpose of producing income (s 11). This is a fiduciary-style managerial duty in the text: trustees shall manage all property vested in the corporation for income production.
Custody and attestation of the common seal (s 12). The seal must be attested by two trustees; that attestation is sufficient evidence of due execution.
Investment and disposal powers (s 16). Trustees may, subject to prescribed constraints, sell, mortgage, charge and invest funds, including in real estate and specified company debentures. Trustees must obtain the Board’s direction and their own approval for sale/mortgage of real estate vested on trust for an institution (first sentence of s 16).
Power to accept and apply donations per donor directions, or under s 15 if donor silent (s 23).
Power to retain and invest 10 per cent of net income as principal moneys and apply accumulated capital with board consent for capital projects (s 15(d)).
Boards of institutions (Christ College, Hutchins, Launceston Grammar)
Management and control of lands, buildings, moneys and other property held by Christ College Trust in trust for the institution other than income-producing property (s 18).
Power to rent or accept use of buildings and to direct the trustees to create/augment endowments by paying surplus income to trustees for that purpose (s 18).
Power to direct the sale/mortgage of real estate vested in the Trust for their institution; such direction must be approved by the trustees (s 16, first sentence).
Power to make regulations for institutional governance, staff appointments, discipline, admission and scholarships, subject to Visitor approval (ss 26-27).
Specific appointment and dismissal rights for headmasters, pursuant to the procedure requiring notice to the Visitor and potential conferences (s 43).
Visitor (Bishop of Tasmania)
Acts as Visitor of the Trust and all institutions, with the authorities, rights and privileges previously enjoyed, subject to consistency with the Act (s 8).
Power to preside at and require conferences with boards and trustees (s 28).
Power to settle disputes where trustees and a board do not agree on the application of proceeds from sale/mortgage/charging of property held on special trust (s 17).
Approval role for regulations (s 27) and for certain appointments, including the Warden (s 36) and potentially headmasters (s 43 procedure).
Wardens and headmasters
Duty to advise their board and act as chief executive officers in internal management; responsible for discipline and teaching (s 29).
Warden of Christ College must be a communicant member of the Anglican Church of Australia and meet defined academic or theological qualifications; appointment/dismissal is by the Visitor after consultation with the Board (s 36).
Headmasters must be members of the Church of England in Tasmania (s 43(h)), and their appointment/dismissal follows the prescribed Board-Visitor procedure (s 43).
Auditors and record-keeping
The Trust’s accounts for each calendar year must be audited before 1 April the following year, with copies forwarded to the Visitor and each board (s 25). Each board’s accounts are also to be examined and forwarded to the Visitor and Christ College Trust.
Donors and beneficiaries
Donations, subscriptions and endowments accepted by Christ College Trust must be applied as directed by donors; if no direction, they are applied under s 15 distribution rules (s 23).
Named beneficiaries of scholarships and prizes listed in Schedule 4 retain rights to those awards; all scholarships in existence at commencement are continued (s 46, Schedule 4).
Legal processes and evidentiary rules
All legal proceedings by or against the boards or trustees are to be taken in the name of Christ College Trust; service and notice may be effected at the trustees’ Hobart office (s 21).
Production of a certificate under seal and attested by two trustees is prima facie evidence of appointments; authenticated copies of resolutions are conclusive (s 22). This creates procedural ease for institutional actors and courts.
Rights and protective provisos
The Act expressly preserves certain named rights (s 48 provisos) despite broader power to nullify inconsistent instruments. It also safeguards schools' rights to registration under the Education Act 2016 (s 44), thereby maintaining their status as registrable public schools.
Collectively, these duties and rights allocate essential fiduciary, managerial and supervisory responsibilities, while creating statutory evidentiary mechanisms and administrative procedures intended to streamline asset management, institutional governance, appointment processes and dispute resolution.
Penalties and enforcement
The Act contains no express criminal offences, monetary penalties or administrative fines for non-compliance. Instead, enforcement is framed through institutional governance mechanisms, evidentiary rules, and existing civil remedies.
Absence of penal clauses
The statutory text does not create specific penalties, fines, or criminal offences for breaches of duties or regulations within the Act. It prescribes duties and procedures but does not stipulate sanctions or enforcement processes of a penal nature.
Civil enforcement pathways and administrative controls
Disputes concerning the application of proceeds from sale, mortgaging, or charging of property held on special trust are to be resolved by agreement between trustees and the relevant board or, failing agreement, by settlement by the Visitor (s 17). This provides an internal dispute-resolution mechanism anchored in ecclesiastical authority rather than a statutory penalty regime.
Legal proceedings by or against the trustees or boards must be conducted in the name of Christ College Trust and service can be effected at the trustees’ Hobart office (s 21). This locates civil liability and enforcement action in a single corporate entity and provides a clear service address for litigants.
The Act contains strong evidentiary presumptions that support enforcement in courts. Certificates under seal attested by two trustees, and authenticated copies of resolutions, are prima facie or conclusive evidence of appointments and resolution passage (s 22). These evidentiary provisions reduce procedural friction when establishing authority in legal proceedings.
Administrative approval and oversight as compliance controls
The Visitor has multiple approval and supervisory roles: approving regulations (s 27), presiding over conferences and requiring meetings (s 28), approving or being consulted on senior appointments (s 36, s 43 procedure), and settling certain disputes (s 17). This centralised ecclesiastical oversight functions as an enforcement and compliance control by making many critical acts subject to Visitor approval.
Financial transparency is enforced by mandatory annual audits and reporting to the Visitor and to each board (s 25). While the Act does not prescribe sanctions for failing to produce audited accounts, the reporting requirement facilitates oversight and makes non-compliance visible to the Visitor and to institutional boards.
Residual judicial remedies
The Act does not remove the possibility of recourse to civil courts. Courts remain available to enforce trusts, interpret the Act, decide disputes not resolved internally, and give relief under general trust and property law principles. The Act’s evidentiary provisions (s 22) and requirement that litigation be in the name of Christ College Trust (s 21) structure how such litigation proceeds.
Practical enforcement consequences
Non-observance of internal appointment or procedural rules may be met with internal remedies such as the Visitor’s intervention or board action (e.g., removal of headmasters per s 43 requiring resolution and Visitor involvement). Financial mismanagement will be visible via the audit regime (s 25), and trustees’ investment decisions are governed by the statutory investment powers (s 16) and allocation rules (s 15), which would be relevant if challenged in the courts.
In short, the Act relies on corporate structure, ecclesiastical oversight, financial transparency, and civil legal remedies rather than an express penal machinery to enforce compliance. Enforcement is therefore primarily administrative and judicial rather than criminal, with the Visitor and the courts as the principal enforcers when internal mechanisms are exhausted.
How it interacts with other laws
The Act is self-contained in many respects, but it expressly cross-references and interacts with other instruments and legal regimes. These interactions concern registration rights, potential conflicts with earlier wills and deeds, and general property and corporate law.
Preservation of statutory school registration rights
Section 44 explicitly states that nothing in the Act shall prejudice or affect the right of the Hutchins School and Launceston Grammar School to be registered under Part 6 of the Education Act 2016 as a registered school. That provision ensures continued applicability of the state education registration regime to the schools, and signals the Act’s operation alongside modern regulatory frameworks for schooling.
Overriding inconsistent trusts and instruments
Section 48 gives the Act primacy over any Act of Parliament, deed of trust or will inconsistent with or limiting the powers granted by the Act, declaring such inconsistent provisions "null and void". However, s 48 contains express provisos preserving specific rights and obligations created by the will of James Denton Toosey and rights granted to named persons. This produces a statutory variation of prior private instruments, subject to specific preserved obligations.
Interaction with general property, trust and corporate law
The Act creates a corporate body with perpetual succession and a common seal (s 2). Once corporate, the Trust will be subject to the general law applicable to corporations, property, trusts and contracts in Tasmania , for example, rules governing fiduciary duties, mortgage enforcement, conveyancing, and the administration of trusts, albeit the Act displaces or modifies particular private-law arrangements by statutory vesting (s 3) and the declared primacy in s 48.
Existing mortgages, leases and other contracts are preserved against the vested property (s 3), and s 20 clarifies that mortgages, charges and debts owing by or charged upon the Hutchins or Launceston Grammar property "shall continue to be charged upon, or payable out of, the property held by Christ College Trust in trust for such respective schools", but the property of the entire Christ College Trust shall not otherwise be liable. This interacts with creditor rights and security enforcement under general property law.
Evidentiary and procedural interaction with courts
The Act’s evidentiary provision (s 22) makes certificates under seal and authenticated copies of resolutions prima facie or conclusive in court. Those statutory evidentiary presumptions interact with court procedures and the general law on proof of authority in litigation.
Investment and company law interactions
Section 16 allows investment in debentures of a limited liability company registered in any State of the Commonwealth, provided that the company has paid a dividend at not less than 4 per cent on its ordinary shares in each of the preceding ten years. That statutory investment test interacts with company financial history and disclosure arrangements; trustees must verify company dividend histories consistent with company law records and financial reporting.
Religious law and freedom
The Act imposes Church of England liturgy and theological instruction requirements (ss 9, 31(1)). Yet s 31(2) protects religious freedom of pupils by forbidding religious tests for entry and permitting written parental objection to compulsory attendance. This local statutory regime interacts with broader constitutional or statutory protections (if any exist) for religious freedom and schooling in the state, but the Act itself establishes the balance within the Trust's institutions.
Administrative law and public bodies
The Act places certain institutional activities under Visitor oversight, a quasi-administrative control. Visitor decisions and approvals may be subject to judicial review remedies available under Tasmanian law if treated as public or quasi-public decisions, although the Act itself does not specify review mechanisms.
Overall, the Act displaces, amends or preserves aspects of earlier private instruments via statutory vesting and primacy provisions, preserves registration rights under contemporary education law, and sits within the broader legal framework of trust, property and corporate law. Any interaction that gives rise to dispute may require court interpretation of the Act’s provisions alongside prevailing Tasmanian statutes and common law.
Amendment history
The text includes numerous marginal notes showing later amendments to particular sections. These annotations indicate that the Act has been amended periodically; the text itself identifies the amending instruments by number and year in several places. The recorded amendments in the provided text are as follows (section references and amending instruments are those shown in the Act text):
Section 5: Amended by No. 36 of 1958, s 5. The marginal note indicates the composition or internal structure of the Board of Christ College has been amended by that 1958 instrument.
Section 14: Amended by No. 66 of 1951, s 2, and by No. 36 of 1958, s 5. These amendments affect trusts of specified properties and related provisions concerning Christ College Trust's holding of Schedule 1 property and related sums.
Section 15: Amended by No. 36 of 1958, s 5, and by No. 55 of 1965, s 3 and s 5 and Schedule 1. The 1965 amendments (No. 55 of 1965) appear to have adjusted distribution mechanics or monetary references in s 15.
Section 16: Substituted by No. 66 of 1951, s 3; further amended by No. 55 of 1965, s 3 and Schedule 1. This indicates a replacement of the original s 16 by the 1951 instrument, and later adjustment in 1965.
Section 24: Amended by No. 36 of 1958, s 5. This affects the application of special donations and the board’s power to direct application.
Section 25: Amended by 25 Geo. V No. 78 (a historical reference), and by No. 66 of 1951, s 5, and by No. 55 of 1965, s 5. These amendments relate to audit and accounting provisions.
Section 27: Amended by No. 36 of 1958, s 5. Regulations passing procedure has been amended.
Section 33: Amended by No. 36 of 1958, s 5. Board appointment provisions for Christ College were amended by that instrument.
Section 36: Substituted by No. 99 of 1982, s 3 and Schedule 2, Part II. The 1982 substitution modernised appointment/dismissal of the Warden of Christ College, including qualification requirements.
Section 39: Substituted by No. 66 of 1951, s 4. This replaced the original provision on appointment of the Hutchins School Board.
Section 40: Amended by 25 Geo. V No. 78, No. 66 of 1951, s 5, and No. 55 of 1965, s 5. These changes affect the Hutchins School Fund rules.
Section 43: Amended by No. 66 of 1951, s 6, and by No. 36 of 1958, s 5. Headmaster appointment/dismissal rules modified by those instruments.
Section 44: Amended by No. 68 of 1994, s 3 and Schedule 1; further note that s 44 was amended by No. 9 of 2003, Schedule 1 and applied 16 Apr 2003; and by No. 47 of 2016, s 9, applied 10 Jul 2017. The provision preserves schools’ registration rights under the Education Act and has been kept current with later education legislation.
Section 48: Amended by No. 55 of 1965, s 5. The variation of trusts provision was modified by the 1965 Act.
Section 36 (as substituted 1982) includes qualifications and appointment process modernised by No. 99 of 1982.
Timing and operation
The Act itself came into operation on 1 January 1927 (s 49). Several provisions have time-limited transitional references (for example, payments "until the whole of the lands belonging to Christ College Trust at Bishopsbourne ... shall be sold, or until 31st December 1936" in s 15), which the text retains.
Schedules and historical entries
The Schedules document specific lands, endowments and scholarships. Some notes in Schedules exclude certain assets from vesting in the Trust. These schedule entries may have been the subject of amendment or clarification in the listed instruments affecting the corresponding substantive sections.
What the amendment history shows in practice
The marginal amendment notes in the text indicate a long history of legislative updates to governance, investment, fund application and appointment rules across the mid-20th century and later. The most recent explicit amending references in the provided text concern s 44’s alignment to modern education legislation (1994, 2003, 2016) and the 1982 substitution for s 36. Readers handling contemporary compliance should treat the provisions that reference dated transitional periods and currency as still in the text unless later repealed, and should confirm whether newer amendment instruments (post-2016) affect other sections not flagged here. The Act text itself is the source for the above list of amending instruments and section references cited in-line.
Litigation history
The statute text supplied contains no record of judicial decisions or named litigation involving the Act or Christ College Trust. The Act does not list cases or adjudicative history. Therefore, within the four corners of the provided source, there is no litigation history to summarise.
That absence in the statutory text does not preclude the possibility that disputes have arisen in practice; however the Act provides internal dispute-resolution mechanisms and civil procedural structures that would shape litigation risk, including:
Visitor resolution route. Where trustees and a board fail to agree on application of proceeds from sale, mortgage or charge of real or personal estate held upon special trust, the Visitor is the statutory decision-maker (s 17). This channel can reduce immediate court referrals because the Visitor’s determination is the prescribed statutory remedy.
Litigation forum and evidentiary streamlining. Legal proceedings by or against Christ College Trust are to be taken in the Trust’s name and served at the trustees’ Hobart office (s 21). Section 22 creates a statutory evidentiary presumption for certificates and authenticated resolutions, which alters the evidentiary burden in any litigation concerning appointments or resolutions.
Dispute types likely to reach courts. The Act’s mechanics indicate several categories of issue that could produce litigation absent settlement: disagreements over interpretation of s 15 allocation provisos (especially the hotchpotting rules and minimum sums), challenges to the validity of sales, mortgages or investments under s 16 when boards and trustees disagree, disputes about whether certain assets vested or were excluded under the Schedules (see Schedule 3 notes), claims by beneficiaries over application of donor directions under s 23, challenges to appointment procedures (s 43 and s 36) and claims arising from alleged misuse of funds contrary to special trusts.
Judicial review exposure. Actions by the Visitor that are administrative in character , for example, approvals or refusals of regulations or appointments , could, depending on later case law and the nature of the decision, be susceptible to judicial review on standard public law grounds in the Tasmanian courts. The Act itself does not address review or appeal.
In practice, for researchers or litigators seeking litigation history beyond the text, the statutory silence requires consultation of case law databases and court records. Within the provided Act text, dispute resolution relies first on internal mechanisms (agreement between trustees and boards, or Visitor determination), second on civil litigation in the Trust’s name, and third on the evidentiary presumptions that structure how litigation would be conducted.
Gotchas
Several provisions in the Act contain features, dated references, or structural allocations that can produce practical pitfalls for trustees, boards, advisers and accountants. These are specific mechanics drawn directly from the text and the way powers and obligations are allocated.
Statutory vesting without conveyance subject to pre-existing encumbrances (s 3)
The Act vests property "without any conveyance, assignment, or other instrument" into the Trust but expressly leaves mortgages, leases and contracts in place. Practitioners must check title and outstanding charges recorded in the Schedules because those encumbrances continue to bind the property. Failure to do so risks mistaken assumptions about freehold control or ability to borrow.
The first sentence of s 16 creates a dual requirement for sale of institution-held real estate
No real estate vested for any institution shall be sold, mortgaged or charged except under direction of the Board and with the approval of the Trustees (s 16, first sentence). But the same section then grants Christ College Trust broad power to sell or mortgage any real or personal estate "subject thereto". Practically this requires two approvals, and a mismatch in expectations between a board and trustees can lead to stalemate unless the Visitor intervenes. The protocol for seeking approvals should be carefully documented.
Allocation formula, provisos, and historical time references (s 15)
The net annual income allocation (30/30/30/10) contains a number of provisos that reference specific sums, historical dates (for example, until Richmond Hill Estate is sold or until 31 December 1936), and hotchpot arrangements. These built-in temporal references may be obsolete, but they remain in the text. Trustees and accountants must apply the section as written; if the practical effect is unclear, the Visitor’s guidance or court interpretation may be necessary.
Donor directions and fallback allocation (s 23)
Donations must be applied as directed by the donor; if donor directions are absent, the funds fall into s 15 allocations. This means that unrestricted donations will be distributed according to the statutory split. Donors intending specific-purpose gifts must record clear directions that survive statutory vesting.
Primacy over inconsistent instruments but with preserved exceptions (s 48)
Section 48 nullifies inconsistent Acts, deeds or wills, but preserves specific named legacy rights and certain parish stipends. Advisers must inspect archival wills and deeds for preserved obligations (for example the Toosey will references and payments to parish of Cressy) to avoid breaching preserved obligations when exercising statutory powers.
Evidentiary presumptions (s 22)
Certificates under the Trust seal attested by two trustees are prima facie evidence of appointment; authenticated copies of resolutions are conclusive proof. Challengers bear onus of proving otherwise. This creates high procedural thresholds for litigants upset about appointments; challenge early and gather countervailing documentary proof.
Investment test for company debentures (s 16)
Trustees may invest in debentures only of companies with a ten-year dividend history of at least 4 per cent. This is a rigid historical test and may limit suitable investment options; trustees should ensure contemporaneous need for diversification is balanced against this statutory constraint.
Visitor control and potential bottlenecks (ss 8, 17, 27, 28, 36, 43)
The Visitor’s approval is required for regulations, may be required for appointments, and resolves deadlocks on application of proceeds. Centralising many decisions in one office risks delay or concentration of discretion; boards and trustees should maintain processes to anticipate the Visitor’s timelines.
Auditing deadlines and reporting (s 25)
Audits must be completed before 1 April following the calendar year and copies forwarded to the Visitor and all boards. Audit timing is fixed and may cause late-financial disclosure issues if not planned.
Exclusions and notes in Schedules
Schedule 3 specifically notes that certain properties and building society shares "do not vest in Christ College Trust" but "shall be dealt with as directed by the Board of the Launceston Church of England Grammar School." Misreading schedule notes could lead to an erroneous claim that all listed assets vested automatically.
Qualifications and religious character rules for senior appointments (s 36, s 43)
The Warden must be a communicant Anglican and hold specified qualifications; headmasters must be members of the Church of England in Tasmania. If a board appoints a person who fails those criteria, the Visitor can refuse approval and require further nominations.
No express penalty regime
The Act relies on administrative controls and civil remedies, with no statutory penalties. Enforcement therefore depends on internal compliance and the availability of civil relief, which can prolong disputes.
In practice, these "gotchas" require careful due diligence on titles and encumbrances, precise donor documentation, careful scheduling of approvals and audits, and close liaison with the Visitor to avoid procedural invalidity or stalemate.
How to comply
To operate within the Act’s legal framework, trustees, boards, wardens/headmasters and advisers should develop and document protocols and controls that align with the statutory duties, evidentiary requirements and Visitor approvals set out in the text. The following practical compliance checklist maps directly to the statutory provisions.
Corporate formalities and seal
Ensure the Christ College Trust common seal is securely held by trustees and that every document executed under the seal is attested by two trustees, as their attestation is statutory evidence of proper execution (s 12).
Maintain a register of trustees and board members, with appointment dates and term expiries, to evidence compliance with five-year appointment cycles (s 10, s 33, s 39, s 42).
Property and title due diligence
For all property listed in the Schedules, obtain up-to-date title searches and mortgage/charge details to identify extant encumbrances preserved by s 3 and s 20. Maintain records showing how sales or mortgages respect existing charges.
Before any sale, mortgage, or charge of real estate vested on trust for an institution, obtain a clear direction from the relevant Board and formal approval from the Trustees of Christ College Trust (first sentence of s 16). Document the Board’s direction and the Trustees’ approval.
Investment policy and execution
Prepare a written investment policy reflecting s 16 investment powers, including the statutory test for debentures (ten-year dividend history and minimum 4 per cent). Record searches or evidence relied upon for company dividend history.
Ensure trustees document decisions to invest, including minutes and rationale showing consistency with the statutory duties to produce income (s 11) and with the capital/income allocation rules (s 15).
Income allocation and accounting
Implement accounting procedures that calculate net annual income and allocate it per s 15 (30% Hutchins, 30% Launceston Grammar, 30% Christ College, 10% retained) and properly apply transitional provisos where they are still operative. If donor directions exist for specific donations, allocate those first per s 23.
Maintain a capital/income ledger to track retained 10 per cent principal moneys and any applications of accumulated principal for capital projects in line with s 15(d) and with boards’ consents.
Donations and donor directions
For incoming donations, obtain written directions from donors specifying purpose. If no direction is given, advise donors that funds will be applied under s 15. Preserve donor documentation for audit and legal proof (s 23).
Regulatory compliance and Visitor approvals
Draft institutional regulations with formal agenda items for meetings specially convened for that purpose (s 27). Secure Visitor approval before implementing such regulations and any amendments (s 27).
For senior appointments (Warden, headmasters), follow the procedural steps laid down: Warden appointed/dismissed by Visitor after consultation (s 36); headmaster nominations posted to the Visitor with the prescribed timelines and conference/approval steps (s 43). Keep written records of notices to the Visitor and any conferences.
Audits and reporting
Arrange for annual audits so that audited accounts are available before 1 April for the preceding calendar year and forward copies to the Visitor and all relevant boards (s 25). Document audit timetables to ensure timely compliance.
Keep financial statements, expenditure records and minutes readily available for audit and for the Visitor’s review.
Governance and meeting protocols
Ensure meetings called for passing regulations, appointing members, or removing headmasters are specially convened as required by the Act (s 27, s 43). Record minutes, resolutions and ensure authenticated copies are available, as they have conclusive effect under s 22.
Implement vacancy-filling procedures consistent with s 32: fill extraordinary vacancies within three months in the same manner as the original appointment, document communications, and if a board fails to appoint, proceed with an internal election as permitted.
Dispute resolution and Visitor engagement
Where trustees and any board cannot agree on application of proceeds from sale/mortgage/charging of specially held property, prepare materials and submissions for the Visitor in accordance with s 17. Maintain contemporaneous records of negotiations and interim decisions.
Use the Visitor’s power to call conferences (s 28) proactively to resolve matters that might otherwise escalate to litigation.
Scholarship and schedule administration
Administer scholarships and prizes per Schedule 4, and ensure that continuity rights under s 46 are upheld. Keep records of eligibility, awards, tenures and any land or capital tied to particular scholarships (Schedules 3 and 4 contain specific land attachments).
Legal proceedings and evidentiary practice
Bring or defend litigation in the name of Christ College Trust and ensure service is effected at the trustees’ Hobart office (s 21). Preserve certificates under seal and attested by two trustees to establish prima facie authority for appointments and pursuant resolutions (s 22).
Review legacy obligations and exclusions
Identify any preserved obligations under s 48 (for example payments tied to Richmond Hill Estate or parish stipends) and ensure those payments are not overlooked upon sale or capital realisation. Note Schedule 3 exclusions and follow local directives for assets that did not vest.
Record donor-restricted funds separately
Funds with specific donor directions should be ring-fenced and invested/expended in accordance with the donor’s direction. If trustees and a board differ on interpretation of donor intent, seek Visitor guidance before application.
Seek legal advice where interpretation uncertain
Because the Act includes historical time references and specific provisos, obtain legal advice when historic conditions are invoked (e.g., "until 31st December 1936" type clauses which may complicate modern application) or when a board and trustees interpret allocation or sale powers differently.
Following these steps, and documenting approvals, directions and audits in adherence to the explicit statutory mechanisms (s 12, s 16, s 17, s 22, s 25, s 26-27, s 36, s 43), will place trustees and boards in a defensible compliance posture under the Act’s provisions.
shall, by virtue of this Act, and as from the coming into operation thereof, without any conveyance, assignment, or other instrument, be vested in Christ College Trust, but subject, nevertheless, to all mortgages, leases, and other contracts lawfully made in respect thereof.
4 Institutions
4 Institutions
The objects of Christ College Trust shall be carried on by 3 institutions, Christ College, the Hutchins School, and the Launceston Church of England Grammar School, together with such other institutions as may hereafter be incorporated into the trust under the powers hereinafter contained.
5 Management of Christ College
5 Management of Christ College
*[Section 5 Amended by No. 36 of 1958, s. 5 ]*Christ College shall be managed by the Board of Christ College consisting of the Bishop of Tasmania for the time being, or some clergyman nominated by him, who shall be chairman, and 6 other members. Four of the members of the first board shall be appointed by the Bishop from the existing members of the trustees of Christ College, and the council thereof and the remaining 2 members shall be appointed, one by each of the boards of the Hutchins School and the Launceston Church of England Grammar School respectively.
6 Management of the Hutchins School
6 Management of the Hutchins School
The Hutchins School shall be managed by the Board of the Hutchins School. The present board of that school shall continue in office until 3rd August 1927.
7 Management of the Launceston Church of England Grammar School
7 Management of the Launceston Church of England Grammar School
The Launceston Church of England Grammar School shall be managed by the Board of the Launceston Church of England Grammar School. The present trustees of such school shall constitute the first Board.
8 Visitor
8 Visitor
The Bishop of Tasmania for the time being shall be Visitor of Christ College Trust and all institutions comprised therein, with the same authorities, rights, and privileges as heretofore, so far as the same shall not be inconsistent with this Act. In the absence of the Bishop from the diocese, or in the event of a vacancy in the see, or the disability of the Bishop, the Vicar-General or the Administrator of the diocese shall exercise the functions of the Visitor.
9 Prayers
9 Prayers
Prayers taken from the Liturgy of the Church of England in Tasmania, or of which the form shall have been approved by the Visitor, shall be said daily in each institution comprised in Christ College Trust.
10 Trustees
10 Trustees
The Trustees of Christ College Trust shall consist of the following persons:
(a) 6 persons, two of whom shall be appointed by each of the boards mentioned in sections 5 , 6 , and 7 ;
(b) When any other institution shall have been incorporated in Christ College Trust in accordance with section 30 , the person or persons appointed trustees by each such institution.
Every person so appointed, unless appointed to fill an extraordinary vacancy, shall hold office for a term of 5 years from his appointment and thereafter until his successor shall be appointed.
11 Powers of trustees
11 Powers of trustees
The trustees of Christ College Trust shall manage all property, both real and personal, vested in the corporation for the purpose of producing income, and, except as herein otherwise provided, shall manage all the affairs of Christ College Trust.
12 Common seal
12 Common seal
The trustees of Christ College Trust shall have the custody of the common seal thereof, and the attesting by two trustees of the affixing of the seal shall be sufficient evidence of the affixing of the said seal, and of the due compliance with all regulations and other provisions regarding the execution of the document.
13 Delegation by trustees
13 Delegation by trustees
The trustees of Christ College may permit the board of any institution to hold deeds or securities in connection with such institution, and may delegate to those trustees who are nominated by the board of any institution special control of any special funds held for that institution.
14 Trusts of specified properties
14 Trusts of specified properties
*[Section 14 Amended by No. 66 of 1951, s. 2 ]**[Section 14 Amended by No. 36 of 1958, s. 5 ]*Christ College Trust shall hold –
(a) –
(i) the property comprised in Schedule 1 ;
(ii) the sum of three thousand pounds, which shall be set aside by the trustees of the Christ College Trust out of the proceeds of the sale of the property devised to the Bishop of Tasmania by the said will of James Denton Toosey, and until such sale the income from such property, after payment of all prior charges, shall be paid to the Board of Christ College –
upon trust for an institution to be managed by the Board of Christ College, and hereafter known as Christ College;
(b) the lands and moneys comprised in Schedule 2 upon trust for the Hutchins School;
(c) –
(i) the lands and moneys comprised in Schedule 3 ;
(ii) the sum of six thousand pounds, which shall be set aside by the trustees of Christ College Trust as available for that purpose, but within a period not exceeding 10 years from the passing of this Act –
upon trust for the Launceston Church of England Grammar School: Provided that the income on such portion of the said sum of six thousand pounds as shall not have been so set aside shall be paid to the Board of the Launceston Church of England Grammar School, except in so far as may be necessary to use such income to make up the sums payable to the Board of the Hutchins School under paragraph (a) of section 15 , if the remainder of the property of Christ College Trust shall not provide sufficient income;
(d) the Ancanthe Estate and Lady Franklin Endowment, and all moneys arising thereunder, upon such trusts, and for such purposes, and for such institutions comprised in Christ College Trust as the Bishop of Tasmania shall deem most advisable, having regard to the provisions of the said indenture of 2nd November 1843;
(e) the lands and moneys set forth in Schedule 4 for the scholarships and prizes and for the purposes set forth in that schedule upon trust, to pay the income and annual profits arising therefrom to the boards of the respective institutions at which such scholarships or prizes are tenable or awarded.
15 Trusts of ordinary property
15 Trusts of ordinary property
*[Section 15 Amended by No. 36 of 1958, s. 5 ]**[Section 15 Amended by No. 55 of 1965, s. 3 and s. 5 and Sched. 1 ]*The remainder of the property of Christ College Trust shall be held or invested as capital for the trust generally, and the net annual income arising therefrom shall be paid in the manner following:
(a) As to 30 per centum thereof, to the Board of the Hutchins School for the purposes of such school: Provided that if such sum shall be less than the sum of $1 400 that sum shall be paid, in lieu of the 30 per centum, by equal quarterly payments to the Board of the Hutchins School for the purposes of such school until the whole of the lands belonging to Christ College Trust at Bishopsbourne, in Tasmania, shall be sold, or until 31st December 1936, whichever shall first happen;
(b) As to a further 30 per centum thereof, to the Board of the Launceston Church of England Grammar School for the purposes of such school: Provided that if the amount payable to the Board of the Hutchins School shall be more than 30 per centum, the amount payable under this subsection shall be reduced proportionately with the income hereby allotted to the Board of Christ College;
(c) As to a further 30 per centum thereof, to the Board of Christ College for the purposes of such college: Provided that until Richmond Hill Estate, and other lands devised by the said James Denton Toosey upon the same trusts, shall be sold, the Board of Christ College shall bring the net rents and profits from the Richmond Hill Estate and other lands upon the same trusts, less an amount equivalent to the interest at current rates on $6 000, into hotchpot before they shall be entitled to participate under this section: And provided, further, that if the amount payable to the Board of the Hutchins School shall be more than 30 per centum, the amount payable under this subsection shall be reduced equally with the payment to the Board of the Launceston Church of England Grammar School;
(d) The remaining 10 per centum shall be retained by the trustees of Christ College Trust, and may be invested and reinvested by them, and shall be regarded as principal moneys; but such accumulations or any part thereof may be applied by the trustees at any time, with the consent of the boards of all institutions concerned, in the purchase of any land or buildings, or in the erection of buildings, or in the purchase of equipment for any institution comprised in Christ College Trust: Provided that in any year in which the amount payable to the Board of the Hutchins School exceeds 30 per centum, the trustees may in their discretion reduce the amount retained by them under this subsection, and distribute the balance to the Board of Christ College and the Board of the Launceston Church of England Grammar School.
16 Provisions relating to the sale, &c., of real estate and the investment, &c., of funds
16 Provisions relating to the sale, &c., of real estate and the investment, &c., of funds
*[Section 16 Substituted by No. 66 of 1951, s. 3 ]**[Section 16 Amended by No. 55 of 1965, s. 3 and Sched. 1 ]*No real estate vested in Christ College Trust upon trust for any institution comprised therein shall be sold, mortgaged, or charged, except under the direction of the Board of such institution, and with the approval of the Trustees of Christ College; but subject thereto, Christ College Trust may sell, mortgage, or charge any real or personal estate vested in it (including all lands held by the Trust upon trust for the Hutchins School) upon such terms and conditions in all respects as it may deem advisable, notwithstanding any provisions to the contrary contained in any Act of Parliament, will, deed, or any other instrument; and Christ College Trust shall have full power and discretion to invest from time to time the funds at its disposal as it shall deem most advantageous, including the purchase of real or personal estate, and including the purchase of debentures of a limited liability company, registered in any State of the Commonwealth of Australia, and having in each of the 10 years last past before the date of such investment paid a dividend at the rate of not less than 4 per cent on its ordinary shares; and Christ College Trust shall, when directed by the Board of the Launceston Church of England Grammar School, sell, convey, mortgage, or let the 3 roods of land first described in the third schedule of the Principal Act or any part or parts thereof for such price or prices and on such terms as such Board shall direct.
17 Application of proceeds of property held upon special trust
17 Application of proceeds of property held upon special trust
Any moneys arising from the sale, mortgaging, or charging of any real or personal estate held upon trust for any institution shall be held by Christ College Trust upon trust for such institution, and be applied in such manner as the trustees of Christ College Trust and the board of such institution shall mutually agree, and, failing agreement, as shall be settled by the Visitor: Provided that if real or personal property so sold, mortgaged, or charged shall be subject to any special trust, the moneys arising from the sale, mortgaging, or charging thereof shall remain subject to the same special trusts.
18 Powers of board of management
18 Powers of board of management
The board of each institution shall manage and control the lands, buildings, moneys, and other property held from time to time by Christ College Trust in trust for it other than by way of income-producing property, and generally control and manage the finances thereof, and shall have power to rent any buildings or premises which it may deem suitable, or to accept the use of any buildings or premises which may be placed at its disposal. The Board may at its discretion pay any surplus income to the trustees of Christ College Trust to create or augment an endowment fund for its institution.
19 Appropriation of existing income
19 Appropriation of existing income
Any moneys, school equipment, and other personal estate due to or held by the Board of the Hutchins School and the trustees of the Launceston Church of England Grammar School shall remain under the control of the Board of the Hutchins School and the Board of the Launceston Church of England Grammar School, respectively, for the same purposes as they held the same at the passing of this Act, and all moneys in the hands of the Council of C
This is an opening excerpt, not the complete document.