Perth Medical Centre Act 1966

The statute rests on a small set of structural concepts: reserve creation and dedication; a statutory corporate Trust; delegated site management; financial regimes for the Trust and delegates; Governor and Minister oversight; and by‑laws and enforcement tools.

Reserve creation and dedication: The Act transforms identified land into The Queen Elizabeth II Medical Centre Reserve, a Class A reserve dedicated to establishing and maintaining a medical centre, and stipulates that it shall remain dedicated until altered by Act of Parliament (s 6(1), (3)). Part II land may be added by Order in Council following recommendation by the Trust (s 4(2), s 6(2), s 13A). The land is removed from operation of the Transfer of Land Act 1893 when revested (s 4(1)(b), (3)), which means the land is Crown land rather than land held under Torrens title for some purposes.

Statutory corporate Trust: The Trust is a five‑member body corporate with perpetual succession, a common seal and the capacity to hold and dispose of property subject to the Act (s 7(3), (5)(a)-(c)). Membership sources are split between Governor appointments (on Minister and Senate nominations) and direct Senate appointments, creating a statutory link between the Trust and the University Senate (s 7(3)). The Act prescribes internal governance (quorum composition, chairing, voting, sealing, meetings including remote participation and written resolutions) (ss 8, 10, 11, 11A, 11B).

Delegation and site-based management: A significant structural device is the Trust’s power to set aside parts of the reserve as “sites” and to delegate, by Gazette instrument and with Ministerial approval, powers to specified delegates for purposes incidental to the medical centre (s 13(2a)). Delegation allows a delegate to exercise many of the Trust’s powers in relation to the site, to make bylaws or regulations for that site with Governor approval, and to charge fees (s 13(2e)-(2f)). The Act protects third-party interests on revocation of delegation by transferring personal property, contracts and liabilities back to the Trust (s 13(2l)).

Financial architecture: The Trust’s funding sources are enumerated, including moneys it receives, borrowings (with Governor/Treasurer approvals), parliamentary sums, rents and other lawful receipts (s 13(2m)). It must bank funds in a Treasurer‑approved account known as the Queen Elizabeth II Medical Centre Trust Account (s 13(2n)), and may pay interest and repayments on borrowings and otherwise expend for Trust purposes (s 13(2o)). Delegates who exercise powers must maintain a specifically named bank account with Treasurer‑approved bank, place moneys derived from site activities into that account, may invest temporarily with Treasurer approval, and must furnish annual audited accounts to the Trust (s 13(2g)-(2i)). The Treasurer is empowered to guarantee borrowings and to have any sums required by the guarantee charged to the Consolidated Account (s 13(3B), (4)).

Regulation and enforcement: The Trust may make by‑laws with Governor approval for comprehensive aspects of reserve management including conduct, trespass prevention, and a detailed parking regime (s 20(1), (1a)). By‑laws may set fees, permit schemes, ticketing, vehicle removal, and set modified penalties up to $200 (s 20(1a)(c)-(t); s 20(2)). The Trust may authorise persons to take proceedings for by‑law breaches in the Trust’s name and to be reimbursed from Trust funds (s 20(4)). Delegates, while set aside sites, may also make site-specific regulations or by‑laws with Governor approval (s 13(2e)).

Checks and oversight: The Act layers executive oversight. The Governor’s approval is required for leasing, mortgaging or otherwise dealing with reserve land, except where delegation provides site powers short of disposition (s 13(6); s 13(2a)). By‑laws require Governor approval (s 20(1)). The Minister’s approval and recommendations appear in appointment and remuneration mechanics (s 7(3)(a), s 12A). Financial governance is subject to the Financial Management Act 2006 and Auditor General Act 2006 (s 15(1)). Publication requirements for delegations and vesting occur in the Gazette (s 4(2), s 13(2a), (2c)).

Preservation of other statutory regimes: The Act preserves the roles of other health and university legislation by express saving provisions and by specific cross-references. For example, the Trust is required to consider enabling coroner facilities (s 3(1a)), the Senate may apply university fees to the reserve (s 18), and s 19(1) preserves the operation of several health, hospital and university statutes. The Parks and Reserves Act 1895 does not apply to the reserve (s 19(2)).

In summary, the Act combines Crown land reservation, a small corporate Trust with specific appointment and governance rules, site delegation mechanisms with fee-raising and banking rules, borrowing powers with potential State guarantee, and tightly circumscribed by‑law and enforcement architecture. Those core concepts determine who decides, who pays and how activities on the reserve are regulated.

The Act sets out a small but concentric list of affected parties and stakeholders, with roles and obligations specified in the text.

The Trust and its members: Members appointed under s 7 are the primary decision-makers. The Trust is the statutory corporate entity responsible for development, control and management of the reserve (s 7(3), s 13(1)). Members are shielded by an indemnity for acts done in good faith (s 17). Members, deputies and committee members may receive remuneration and allowances determined by the Minister on the recommendation of the Public Sector Commissioner (s 12A). Practical effects on them include fiduciary-style responsibilities to manage funds in the Trust Account (s 13(2n)), conform to Financial Management Act obligations (s 15(1)), and exercise delegated powers where set aside sites exist (s 13(2a)).

The Governor and Minister: The Governor has formal powers to approve by‑laws, consent to leases/mortgages or other dealings in land forming part of the reserve (s 20(1); s 13(6)). The Governor may also issue Orders in Council to revest additional land or to excise land for drainage/roads (s 4(2), s 5). The Minister has nomination and recommendation roles for some appointments (s 7(3)(a), (b)), approves delegates’ setting aside of sites (s 13(2a) requires approval of the Minister for the Trust to set aside land without the Governor’s consent), and determines remuneration on the Public Sector Commissioner’s recommendation (s 12A).

The Senate of the University of Western Australia: The Senate is both a nominating body for two Trust members and a direct appointing body for two members (s 7(3)(b), (c)). The Act expressly allows the Senate to apply fees or other moneys for reserve purposes notwithstanding provisions in the University Act (s 18). The Trust must furnish a copy of its annual report to the Senate at the same time it is submitted to the Minister (s 15(2)).

Delegates, managing bodies and hospital boards: The Act contemplates that the Trust may set aside sites and delegate powers to delegates, including boards managing parts of the reserve such as hospital boards (s 13(2a)-(2h), (2k), (2l)). Delegates can collect fees, maintain accounts, invest temporarily with Treasurer approval, and must report and be audited annually to the Trust (s 13(2g)-(2i)). The notes validate past payments and acts by the board of the Sir Charles Gairdner Hospital in similar circumstances (Notes, Queen Elizabeth II Medical Centre Amendment Act 1985 s 9).

Users and visitors of the reserve: Patients, staff, students, visitors and others who frequent the reserve are affected by by‑laws that regulate conduct, pedestrian traffic, vehicle use, parking fees, ticketing, permits and speed limits (s 20(1), (1a)(a)-(q)). They can be subject to modified penalties up to $200 for by‑law breaches (s 20(1a)(t), s 20(2)), and vehicles may be removed under by‑laws with prescribed recovery fees (s 20(1a)(o)). Persons using a delegated site may be charged fees by the delegate (s 13(2f)).

Tenants, lessees and contractors: The Trust may lease parts of the reserve for terms not exceeding 99 years with Governor consent (s 13(6)), and may mortgage or charge land with consent. Tenants must comply with by‑laws and site regulations. Where a delegation is revoked, existing contracts or rights held by the delegate transfer to the Trust (s 13(2l)(c)).

The Treasurer and State finances: The Treasurer may approve the terms of borrowings by the Trust and may guarantee borrowings on such terms as he thinks fit (s 13(3A)-(3B)). Guarantees create a contingent liability on the Consolidated Account and the Treasurer is required to charge required guarantee payments to the Consolidated Account (s 13(4)). The Treasurer also approves the bank for the Trust Account and temporary investments by delegates (s 13(2g), (2n)).

Auditor and financial oversight bodies: The Trust is subject to the Financial Management Act 2006 and Auditor General Act 2006 for financial administration and audit (s 15(1)). Delegates must provide audited accounts as required by the Trust (s 13(2i)). The Public Sector Commissioner has a role in recommending remuneration determinations (s 12A).

Other legislative actors and statutory regimes: The Act explicitly interacts with other statutes naming the Coroners Act 1996 (inclusion of coroner facilities under the definition of medical centre, s 3(1a)), the University of Western Australia Act 1911 (definitions and the Senate’s role, ss 3, 18), the Transfer of Land Act 1893 (removal from operation on revesting, s 4), Trustees Act 1962 (investment of gifts, s 13(7)(b)), and the Parks and Reserves Act 1895 (excluded from application, s 19(2)). Health sector bodies established under other acts are preserved by s 19(1).

In sum, the Act affects a compact governance ecosystem where the Trust, the University Senate, the Governor, Minister, Treasurer, delegates (notably hospital boards), visitors and tenants are the principal actors. Decision authority is concentrated in the Trust and in specified delegates, subject to executive approvals and statutory financial controls.

The Act sets out defined statutory duties and rights for the Trust, delegates, the Governor, the Minister, the Senate and users of the reserve.

Trust’s duties and rights

• Primary duty: develop, control and manage the reserve before and after establishment of a medical centre (s 13(1)). That duty is broad and framed as ongoing stewardship.
• Right to do necessary or convenient acts in connection with functions (s 13(2)).
• Right to set aside parts of the reserve as sites and to delegate powers over those sites by Gazette instrument with Minister approval, subject to specified exclusions (s 13(2a)-(2d)).
• Duty to retain or ensure funds are placed into the Trust Account in an approved bank and to apply the account funds for statutory purposes including debt servicing, remuneration and other lawfully incurred expenditures (s 13(2n)-(2o)).
• Duty to furnish annual reports to the Minister and a copy to the Senate (s 15(2)), and to comply with Financial Management and Auditor General Acts (s 15(1)).
• Right to lease, mortgage, charge or grant easements over reserve land only with Governor consent, and to lease up to 99 years with such consent (s 13(6)).
• Right to borrow with Governor approval and Treasurer terms approval (s 13(3A)), and to receive parliamentary and other funds for reserve purposes (s 13(2m), (5)).

Delegates’ duties and rights (when a site is set aside)

• Right to exercise delegated powers in respect of a site as if the powers were conferred by the Act, subject to Trust directions (s 13(2e), (2d)).
• Right, with Governor approval and if the delegate has power under other Acts, to make site-specific regulations or by‑laws analogous to Trust by‑laws for the site, including prescribing fees (s 13(2e)(b)).
• Duty to maintain moneys derived from site activities in a bank account in the delegate’s name followed by “(as delegate of The Queen Elizabeth II Medical Centre Trust)”, and to invest temporarily with Treasurer approval (s 13(2g)-(2h)).
• Duty to furnish audit reports and audited accounts to the Trust as soon as practicable after 30 June each year (s 13(2i)).
• Right to have grants or loans made by the Trust to enable exercise of delegated powers (s 13(2k)), and duty to apply moneys in the account for site development, delegated powers, and repayment of any loans (s 13(2h)).

Governor and Minister obligations and discretions

• Governor must approve by‑laws and give consent to lease/mortgage/charge reserve land (s 20(1); s 13(6)).
• Governor may issue Orders in Council to revest Part II land and excise not more than 3 ha for drainage/roads (s 4(2); s 5).
• Minister provides written nominations for some Trust appointments and must approve certain Trust actions under s 13(2a) (s 7(3)(a), (b); s 13(2a)) and recommends remuneration decisions to the Public Sector Commissioner process (s 12A).
• Treasurer approves bank(s) and may guarantee Trust borrowings, creating State contingent liabilities (s 13(2g), (2n), (3A)-(4)).

Rights and duties of users and visitors

• Users must comply with Trust by‑laws and site regulations regarding conduct and vehicle use; parking and standing can be regulated, ticketed and subject to fees (s 20(1), (1a)(a)-(g), (o)-(q)).
• Users may be liable for modified penalties not exceeding $200 for by‑law breaches, with procedures for ticketing and payment (s 20(1a)(t), (1a)(r)-(s), (2)).

Institutional and third-party protections and obligations

• The Act expressly preserves certain statutes and hospital arrangements and validates prior acts in specified notes (Notes re amendments and validation provisions). The Trust must provide audit-compliant accounts, and the Auditor General regime applies (s 15(1)). Members receive a statutory indemnity for acts in good faith (s 17).

Procedural duties

• Substantial acts require publication in the Gazette: revesting additional land (s 4(2)), delegation instruments and their commencement dates (s 13(2a), (2c)).
• Delegations are revocable at will by the Trust and there are detailed transference rules on revocation transferring property, rights and liabilities to the Trust (s 12(3); s 13(2l)).

The Act therefore defines a hybrid of managerial duties, fiduciary-like financial controls and discrete rights to raise fees and contract, while placing several decision points under executive oversight. These duties and rights are enforceable by statutory obligation and linked to the Financial Management Act and Auditor General Act regimes.

The Act supplies a limited, targeted enforcement and penalty framework primarily tied to the by‑law regime, plus broader oversight instruments through financial and administrative laws.

By‑law penalties and modified penalties

• The Trust, with Governor approval, may make by‑laws for the reserve and may prescribe a modified penalty not exceeding $200 payable to the Trust for a person who does not contest an alleged specified offence against such a by‑law (s 20(1a)(t); s 20(2)). The Act prescribes procedures for notice, period for payment, ticketing and disclosure restrictions (s 20(1a)(r)-(s)).
• The Trust may prevent payment of a modified penalty in particular cases and proceed to take legal proceedings instead (s 20(1c)). That gives an enforcement officer a discretionary gatekeeping function if the alleged offence requires more than a monetary penalty.

Enforcement mechanisms for by‑laws

• By‑laws may prescribe the method of notifying an alleged offender and the circumstances in which a modified penalty is payable (s 20(1a)(r)-(s)). The Act allows the Trust to authorise specified persons to take proceedings on its behalf in the name of the Trust, and those persons are to be reimbursed from Trust funds for damages or reasonable expenses incurred in taking proceedings (s 20(4)). That provides a private enforcement avenue funded by the Trust.
• By‑laws may empower officers or servants of the Trust to remove a vehicle or cause it to be removed from the reserve and prescribe recovery fees and holding powers until fees are paid (s 20(1a)(o)). That is an administrative enforcement lever with likely commercial consequences for vehicle owners.

Criminal and civil law intersection

• The Act clarifies that by‑laws do not remove or otherwise affect civil or criminal liability arising at common law or any written law other than this Act (s 20(1e)). This preserves concurrent enforcement through ordinary courts or other statutory offences where applicable.

Financial enforcement and oversight

• Financial compliance is governed by the Financial Management Act 2006 and the Auditor General Act 2006, which apply to the Trust (s 15(1)). Non-compliance with those statutes may attract audit qualifications, reporting obligations and administrative scrutiny, and potentially ministerial or Parliamentary attention when the Minister lays the review report before Parliament (s 21(2)).
• Borrowings by the Trust can be guaranteed by the Treasurer on terms the Treasurer decides (s 13(3B)). If the Trust fails to meet guaranteed obligations, the Treasurer will cause required payments to be charged to the Consolidated Account, and the Treasurer can recover sums from the Trust (s 13(4)). This creates a State financial enforcement route via the Treasurer.

Indemnity limiting liability

• Section 17 provides that no action, claim or demand lies against any member in respect of any act done in good faith in exercise of powers under the Act. This reduces personal exposure of members and affects enforcement dynamics by redirecting remedies away from members personally.

Administrative revocation and vesting consequences

• Delegations are revocable at will (s 12(3); s 13(2l)), and on revocation contractual rights and liabilities and personal property vested in the delegate pass to the Trust (s 13(2l)(a)-(e)). This creates a statutory mechanism for enforcement and continuity where a delegate has acted under delegated powers but then ceases to be a delegate.

Monetary limits and practical enforcement costs

• The cap on modified penalties at $200 (s 20(1a)(t); s 20(2)) is a statutory limit that may affect deterrence and recovery economics for the Trust. The Act permits legal proceedings where the Trust or specified person decides the alleged offence warrants more than a modified penalty (s 20(1c)), which introduces potential court costs and procedural burdens as alternatives to administrative penalties.

In summary, the Act provides for a primarily administrative and civil enforcement regime focused on by‑laws and parking management with capped modified penalties, backed by delegated prosecution in the Trust’s name and standard financial oversight through the Financial Management Act and Auditor General Act. Personal liability of members is limited by indemnity. Borrowing defaults expose the Consolidated Account in the short term and create potential recovery obligations for the Trust.

The Act explicitly cross-references, incorporates or excludes several other statutes and places the Trust within wider financial and university governance frameworks.

Transfer of Land Act 1893

• Land revested under the Act is removed from the operation of the Transfer of Land Act 1893 (s 4(1)(b), (3)). That shifts the land from Torrens system registration to Crown land status as part of the reserve, affecting land dealings, registration and property transactions.

University of Western Australia Act 1911 and University links

• Definitions reference the University Senate and the Act preserves the corporate relationship between the Trust and the University. The Senate nominates and appoints members to the Trust (s 7(3)(b), (c)). Section 18 allows the Senate to apply fees or other moneys for or towards the reserve notwithstanding s 38 of the University Act, altering the interface between university fee application and Trust funding (s 18).

Coroners Act 1996

• The term “medical centre” is expressly deemed to include facilities necessary and convenient, in the Trust’s opinion, for enabling a coroner to exercise jurisdiction under the Coroners Act 1996 (s 3(1a)). That creates an explicit statutory bridge to coroner functions and may affect facility design and access obligations.

Financial Management Act 2006 and Auditor General Act 2006

• The Trust is subject to the Financial Management Act 2006 and Auditor General Act 2006 for financial administration, audit and reporting (s 15(1)). This subjects the Trust to the State’s public sector financial control and audit architecture, including reporting timing and audit requirements.

Trustees Act 1962

• Gifts accepted by the Trust may be invested under Part III of the Trustees Act 1962, and income from such investments must be used for the medical centre (s 13(7)(b)). This imports trustee investment standards for trust funds derived from gifts.

Parks and Reserves Act 1895

• The Act specifies that the Parks and Reserves Act 1895 does not apply to the reserve (s 19(2)). This exclusion removes an additional layer of reserve management law that might otherwise impose constraints or processes.

Hospital and health services legislation

• Section 19(1) saves provisions of several health and hospital statutes, including the University Medical School, Teaching Hospitals Act 1955, Private Hospitals and Health Services Act 1927, Health Services Act 2016, and previously the Cancer Council Act 1958 (s 19(1)). Notes also record validation provisions concerning hospital boards and managing bodies (Notes; Health Legislation Amendment Act 2004; Queen Elizabeth II Medical Centre Amendment Act 1985). The effect is to preserve pre-existing hospital governance arrangements and to allow hospital boards or managing bodies to continue to fulfil their statutory roles when relevant.

Orders in Council and Gazette publication

• Revesting of Part II land, excisions for drainage or roads, and delegations require Orders in Council or Gazette publication (s 4(2), s 5, s 13(2a), (2c)). This links the Act’s land and delegation mechanics to executive processes and public notice requirements.

Other administrative laws

• Remuneration determinations for members and committee members are made by the Minister on recommendation of the Public Sector Commissioner (s 12A), bringing the Trust within wider public sector human resources and remuneration frameworks.

Consistent application and saving provisions

• The Act saves various hospital and university enactments and preserves validity of certain past acts and funds through validation clauses in amendment notes (Notes). This reduces legal friction in ongoing operation by clarifying precedence and continuity.

In practice, the Act does not sit in isolation: it is embedded in land law, university governance, health sector legislation, public financial management and administrative law. The Trust’s financial operations are constrained by the Financial Management Act and audit regime; its land dealings are constrained by Governor consent and the Transfer of Land Act removal; and its delegation and site operations require Gazette publication and possible interaction with other Acts that give delegates regulatory powers. These linkages create multiple oversight points but also procedural dependencies on Minister, Governor and Treasurer decisions.

The compilation table and inserted notes in the Act record a sustained amendment history from 1966 to the 2010s. The text below summarises amendments and enactments reflected in the compilation table and in statutory notes.

Foundational enactment

• Perth Medical Centre Act 1966 (now Queen Elizabeth II Medical Centre Act 1966), assented 5 December 1966, commenced 13 September 1968 (s 2; Gazette 13 Sep 1968 p. 2747). The reprint and subsequent renaming to Queen Elizabeth II Medical Centre Act reflect later amendments (note under s 1).

1970s and 1980s amendments

• Perth Medical Centre Act Amendment Act 1973 (72 of 1973): amendments including s 13A insertion in 1973 enabling additional land to be reserved (s 13A inserted 1973 s 3), commencement details in compilation table.
• Perth Medical Centre Act Amendment Act 1976 (2 of 1976): amended s 5 to permit excision of up to 3 ha for drainage or roads (s 5 amended No. 2 of 1976).
• Perth Medical Centre Act Amendment Act 1977 (6 of 1977): short title change noted and amendments to s 1 and s 3.
• Queen Elizabeth II Medical Centre Amendment Act 1985 (59 of 1985): significant changes including financial provisions, trusteeship, and a validation section (s 9 note) that deems certain moneys and prior acts by hospital boards to have been lawfully received or done. The 1985 amendments are consequential for delegates like hospital boards and for investment rules under the Trustees Act (s 13(7)(b)).

1990s and 2000s amendments

• Queen Elizabeth II Medical Centre Amendment Act 1991 (31 of 1991): further amendments in 1991.
• Financial Administration Legislation Amendment Act 1993 (6 of 1993): financial administration changes impacting Trust operations.
• Hospitals Amendment Act 1994 (103 of 1994) and related modifications in 1995.
• Financial Legislation Amendment and Repeal Act 2006 (77 of 2006): effects include applying Financial Management Act and Auditor General Act regimes, with commencement in February 2007 for certain items (s 15 insertion and amendments).

2010s modernisation and governance updates

• Standardisation of Formatting Act 2010 (19 of 2010) and subsequent minor amendments (s 27 and s 51 effects) updated statutory text and formatting.
• Statutes (Repeals and Miscellaneous Amendments) Act 2009 (8 of 2009).
• Statutes (Repeals and Minor Amendments) Act 2011 (47 of 2011) made minor amendments in 2011.
• Queen Elizabeth II Medical Centre Amendment Act 2013 (6 of 2013): inserted modern governance mechanics including remote meetings (s 11A) and resolutions without meetings (s 11B), and introduced s 12A for remuneration determinations by Minister on Public Sector Commissioner recommendations (s 12A inserted No. 6 of 2013). Commenced August 2013.
• Health Services Act 2016 (11 of 2016): a suite of health law reforms impacted cross-references and saved provisions of the 1966 Act (note showing s 301 amendments and deletions).

Validation and notes

• The compilation notes include validation provisions in the 1985 and 2004 amendment Acts that retrospectively validate moneys received and acts done by hospital boards and managers in managing parts of the reserve prior to formal delegation powers existing under the revised Act. The 1985 s 9 validation clause confirmed past receipts and actions by the Sir Charles Gairdner Hospital board and others as lawful in specific circumstances (Notes 1 and 4).

Recent uncommenced amendments

• The compilation table shows the Health Services Amendment Act 2023 Pt. 5 (1 of 2023) remains to be proclaimed (uncommenced at the time of the compilation table). The Act’s compilation table and notes provide the authoritative record of commenced and uncommenced provisions.

Reprints and consolidations

• Multiple reprints were published (approved reprints in 1978, 1988, 2001, and reprint 4 in 2009; reprint 5 as at 13 Dec 2013) that consolidated amendments up to those dates.

Key mechanical changes across amendments

• Delegation mechanics and financial account rules were substantially developed by the 1973, 1985 and 2013 amendments (s 13 and s 12A).
• Modern governance updates such as remote meetings and written resolutions were added in 2013 (ss 11A, 11B).
• The Trust’s financial administration was progressively brought within the standard public sector financial and audit regime via amendments culminating in express application of the Financial Management Act 2006 and Auditor General Act 2006 (s 15).

For legal practice, the compilation table and notes in the Act provide the authoritative chronology and the short titles and commencement dates for each amending instrument. Where validation or retrospective enactments are relevant (notably the 1985 amendments), the Act’s notes should be read carefully to understand which prior acts and moneys were validated.

The Act text and its compilation notes do not record judicial decisions or an articulated litigation history. The statutory material supplied names no cases and contains no references to court decisions or reported litigation arising from the Act. The compilation notes include validation provisions and administrative confirmations in amendment Acts (for example, Queen Elizabeth II Medical Centre Amendment Act 1985 s 9, and the Health Legislation Amendment Act 2004 s 18) that were drafted to avoid disputes about the validity of prior administrative acts by hospital boards or other bodies, but those are statutory validations rather than judicial holdings.

Practical consequences for litigation risk can be inferred from specific provisions:

• Section 17 grants an indemnity preventing personal actions against members for acts done in good faith under the Act, which reduces the likelihood of successful personal liability claims against Trust members.
• Delegation revocation provisions (s 13(2l)) provide statutory transfer of contracts, rights and liabilities on revocation, which can affect who is a proper defendant or claimant in respect of arrangements entered into by delegates.
• The cap on modified penalties for by‑law offences at $200 (s 20(1a)(t), s 20(2)) means that serious enforcement matters are more likely to be litigated in courts rather than resolved purely through the Trust’s administrative penalty process, potentially producing litigation over more serious alleged breaches.

Because no cases are cited in the Act compilation, users seeking case law must search external legal databases and court records for actions involving the Trust, by‑laws under s 20, disputes over delegations under s 13, or challenges involving vesting and land status under s 4 and s 6. The absence of litigation references in the text, however, does not imply absence of litigation in reality; it is simply that the Act’s printed compilation and notes do not include case law.

The Act contains several specific mechanics and constraints that can produce compliance surprises or implementation burdens in practice. These are concrete points to watch.

Class A reserve permanence

• The reserve is dedicated “forever” to the medical centre purpose until altered by an Act (s 6(3)). Re-purposing, sale or alienation of the reserve would require an Act of Parliament and Governor consent for leasing or dealing is also required (s 13(6)). Entities assuming flexibility to sell or fully commercialise reserve land will be constrained.

Revestment and removal from Transfer of Land

• Revested land is removed from the Transfer of Land Act 1893 (s 4(1)(b), (3)). That affects property dealings, registration and titles. Practitioners must not assume ordinary Torrens-based conveyancing regimes apply.

Delegation is powerful but limited and technical

• The Trust’s power to set aside sites and delegate (s 13(2a)) is operationally useful but legally constrained: the Trust may not delegate its power of delegation, the borrowing power under s 13(3A), or the power to lease, mortgage or otherwise deal with reserve land (s 13(2a)(a)-(c)). Delegations must be by Gazette instrument and cannot be made to a person without that person’s consent (s 13(2b)). Delegates’ powers come with detailed financial and reporting duties (s 13(2g)-(2i)). Revocation of delegation triggers automatic statutory transfers of personal property, contractual rights and liabilities to the Trust (s 13(2l)), which can create complex transitions.

Site-level by‑laws and Governor approval

• Both Trust by‑laws and delegate-made regulations for a site require Governor approval (s 20(1); s 13(2e)). This executive approval requirement can delay operational changes and create political risk for policy decisions about parking, fees and access.

Quorum composition requirements

• Quorum rules require three members with specific appointment sources: one must be chairman or vice chairman, one appointed under s 7(3)(b) (Minister-nominated members), and one appointed under s 7(3)(c) (Senate appointee) (s 8(1), (2A)). The requirement that specific appointment types be present means that vacancies or delayed appointments can impair decision-making even if three individuals are present.

Financial controls and State guarantee implications

• Borrowing by the Trust requires Governor approval and Treasurer consent to terms (s 13(3A)-(3B)). The Treasurer’s power to guarantee creates contingent State liabilities and an obligation to charge the Consolidated Account if guarantee payments are required (s 13(4)). Financing arrangements therefore require careful negotiation with the Treasurer and understanding of contingent State exposure.

Banking and accounting formality

• Delegates must maintain a specifically named account “(as delegate of The Queen Elizabeth II Medical Centre Trust)” at a bank approved by the Treasurer and may invest temporarily only in categories approved by the Treasurer (s 13(2g), (2h), (2n)). These formalisms are administrative box-ticking but are mandatory and can restrict short-term treasury management.

Modified penalties and enforcement economics

• The statutory cap on modified penalties of $200 (s 20(1a)(t), s 20(2)) may be well below the cost of enforcement, particularly for systematic parking misuse or commercial misuse of the reserve. The Trust may elect to litigate more serious breaches (s 20(1c)), but litigation has higher transaction costs.

Indemnity and accountability

• Section 17 dramatically reduces personal liability for members in respect of good faith acts under the Act. That reduces personal litigation risk but also can shift accountability questions into political or administrative oversight channels rather than private suits.

Requirements for Gazette publication and timing

• Delegations, revocations, and vesting of Part II land require Gazette publication, with instruments only operating on the specified commencement date not prior to Gazette publication (s 13(2c)). Administrative delay in Gazette publication can stall legal effect and produce timing traps.

Interaction with other statutes

• Multiple saving clauses and cross‑references (s 19(1), s 18, s 3(1a)) mean legal teams must coordinate compliance with university, health services and coroner obligations. The interplay may produce conflicting duties in particular operational contexts, for example between University clinical education obligations and Trust site management rules.

Small governing body and continuity risk

• The Trust comprises five members. With a quorum of three and a requirement to include specified appointment types for quorum, unexpected absences or delayed appointments can materially affect governance continuity (s 7(3), s 8). Deputies may be appointed for extended leave (s 9(2)) but the appointment rules and nomination routes must be followed exactly.

In short, the Act’s operational design demands strict compliance with publication, approval and accounting mechanics, careful planning for borrowing and State guarantees, and close coordination with the University, health agencies and the Treasurer. Overlooking the statutory constraints on delegation, leasing, bank accounts or quorum composition can produce legal and operational complications.

For the Trust, delegates and third parties interacting with the reserve, the Act specifies concrete compliance steps. The following are actionable items grounded in the statutory text.

Establish and maintain statutory accounts and audit regime

• Place all funds into the Queen Elizabeth II Medical Centre Trust Account at a Treasurer-approved bank (s 13(2n)). Ensure account name matches statutory wording.
• Comply with the Financial Management Act 2006 and Auditor General Act 2006 obligations for financial administration, audit and reporting (s 15(1)). Prepare annual financial statements and submit the annual report to the Minister and a copy to the University Senate at the same time (s 15(2)).
• For delegates, open and maintain the account in the delegate’s name followed by “(as delegate of The Queen Elizabeth II Medical Centre Trust)” at a Treasurer-approved bank and invest only in categories approved by the Treasurer (s 13(2g), (2h), (2n)). Furnish the Trust with audited accounts as soon as possible after 30 June each year (s 13(2i)).

Follow Gazette and Governor approval procedures

• Any revesting of Part II land requires an Order in Council published in the Gazette (s 4(2)). Any instrument setting aside a site and delegating powers must be published in the Gazette and specify a commencement date not prior to publication (s 13(2a), (2c)). Ensure the Trust obtains the Minister’s approval for any site setting aside where the Trust is acting without Governor consent as required (s 13(2a)).
• The Trust’s by‑laws and any delegated regulations for a site require the Governor’s approval (s 20(1); s 13(2e)). File preparatory material early with the Attorney General and Executive Council processes to secure timely Governor approval.

Adhere to delegation constraints and revocation mechanics

• When delegating powers under s 13(2a), observe the statutory exclusions: do not attempt to delegate the power of delegation, borrowing power under s 13(3A), or the power to lease, mortgage, charge or otherwise deal with reserve land under s 13(6) (s 13(2a)(a)-(c)). Obtain written consent from the delegate prior to delegation (s 13(2b)).
• Maintain records of delegated contracts, personal property and rights so that, on revocation, the Trust can effect the statutory transfers under s 13(2l). Coordinate legal transition planning to ensure continuity of obligations on revocation.

Manage leasing and land dealings with Governor consent

• Do not sell reserve land. If leasing, mortgage or charging reserve land is contemplated, obtain the Governor’s consent and ensure lease terms do not exceed 99 years without statutory authority (s 13(6)). Engage with the State solicitors and Executive Council early.

Draft by‑laws with enforcement practicality and legal procedures

• Draft by‑laws under s 20(1) with clear offence elements, ticketing and payment windows, and procedures for notice and the treatment of modified penalties (s 20(1a)(r)-(s)). Be mindful of the $200 cap on modified penalties and plan for alternative prosecution paths for significant breaches (s 20(1a)(t), (1c)).
• If vehicle removal is authorised by by‑law, specify removal procedures, storage location, recovery fees and release mechanics consistent with s 20(1a)(o). Ensure signage and ticketing form part of compliance to establish notice.

Respect quorum and appointment mechanics

• Ensure appointment nominations are processed timely by the Minister and the Senate so the Trust can meet quorum requirements. Track the requirement that a quorum include the chairman or vice chairman, one member appointed under s 7(3)(b), and one member appointed under s 7(3)(c) (s 8(1), (2A)). Where members are on extended leave, arrange for deputies in the same manner as the appointing authority provides (s 9(2)).

Comply with borrowing, guarantee and Treasurer interactions

• Any borrowing plan must secure Governor approval and adhere to terms approved by the Treasurer (s 13(3A)-(3B)). Engage the Treasurer’s office and Treasury early to secure bank and investment approvals (s 13(2g), (2n)).
• Run treasury scenarios that account for the possibility of a State guarantee and the consequential charging to the Consolidated Account if guarantees are called (s 13(4)).

Maintain records and reporting for delegates

• Delegates must keep and separately account for moneys derived from site management and must invest and spend in accordance with s 13(2g)-(2h). They must prepare and submit audited reports to the Trust annually (s 13(2i)). Implement regular financial reporting templates aligned with the Trust’s reporting calendar.

Ensure statutory preservation and cross-act compliance

• Where operations involve the University or medical education functions, ensure the Senate is engaged and that funds applied by the Senate to the reserve are documented in accordance with s 18.
• For coroner facilities, ensure the Trust has considered the inclusion under s 3(1a) and has appropriate arrangements respecting Coroners Act jurisdiction and access.

Operationalise sealing, meetings and delegations

• Affix the Trust seal only at meetings and have two members attest execution (s 11). Use remote attendance provisions where necessary (s 11A) and maintain written-resolution archives for s 11B decisions.
• For committees or staff exercising powers, ensure written delegations under seal are in place, and that the Trust maintains oversight and revocation capacity (s 12(1)-(3)).

Legal review and risk management

• Seek legal advice when structuring leases, charging land, entering long-term contracts, or proposing delegation instruments. Review indemnity and insurance arrangements in light of s 17 indemnities for members.
• Periodically conduct the Minister‑mandated statutory reviews of the Act’s operation (s 21) and prepare submissions documenting attainment of statutory objectives, administration, effectiveness, and the need for continuation of the Trust and delegations.

By following these concrete steps tied to the cited provisions, the Trust and its delegates can align governance, financial management and regulatory compliance with statutory requirements and reduce administrative and legal friction in operating the medical centre reserve.