Queen Elizabeth II Medical Centre Act 1966

The Act centres on a small number of interlocking legal concepts that determine ownership, governance, delegation, financial flows and regulatory reach.

Reserve and revesting: The Schedule specifies land which is revested in Her Majesty and removed from the Transfer of Land Act 1893 on commencement or by Order in Council (s 4(1)-(3)). The revested land is declared a Class A reserve known as The Queen Elizabeth II Medical Centre Reserve and is dedicated to the medical centre purpose in perpetuity unless altered by parliamentary enactment (s 6(1), (3)). Additional land acquired by the Trust can be added to the reserve by Order in Council on recommendation of the Trust (s 13A).

Trust corporate governance: The Trust is a statutory body corporate with five members, a common seal and the capacity to hold property and sue and be sued (s 7(3)-(6)). The appointment matrix allocates nominations between the Minister and the Senate; the chair is the nominee of both the Minister and the Senate (s 7(3)(a), (4A)). Quorum rules mandate participation by particular appointment categories (s 8(2A)), which shapes decision legitimacy and representation.

Functions and powers: The Trust’s core function is development, control and management of the reserve (s 13(1)). The Act adopts a broad purposive power to do whatever is necessary or convenient to perform those functions (s 13(2)). The Trust has express statutory powers to accept gifts, invest proceeds, employ staff, appoint a secretary and make by‑laws with Governor approval for the reserve’s control and management (ss 14, 20, 13(7)).

Delegation and site regime: The Act creates a two-tier model. The Trust can set aside part or all of the reserve as a site and delegate, by Gazette instrument and with Minister approval, "all or any" of its powers in relation to the site, subject to explicit carve-outs (s 13(2a)). Carve-outs include the power of delegation itself, the power to borrow under s 13(3A), and the power to lease, mortgage or otherwise deal with land in the reserve (s 13(2a)(a)-(c)). Delegates may, with Governor approval on recommendation of the Trust, make regulations or by‑laws for the site and may charge fees (s 13(2e)-(2f)). Delegates must hold moneys in a delegate-named account "as delegate of The Queen Elizabeth II Medical Centre Trust" at a Treasurer-approved bank; those moneys must be applied to site purposes or in accordance with delegated powers (s 13(2g)-(2h)).

Financial architecture: The Trust’s funds are enumerated and must be handled through a designated Trust Account at a Treasurer-approved bank (s 13(2m)-(2n)). The account funds service borrowing, grants, remuneration and lawful expenditure (s 13(2o)). The Trust may borrow money with Governor approval on Treasurer-approved terms (s 13(3A)) and the Treasurer may guarantee repayment and interest on such borrowing (s 13(3B)). The Treasurer is required to charge to the Consolidated Account any money needed to fulfil guarantees and to credit recoveries back to Consolidated Account (s 13(4)).

Regulatory instruments and penalties: The Trust may make by‑laws for matters affecting development and good government of the reserve with Governor approval (s 20(1)). There is a detailed parking and vehicle regime that authorises fees, permits, ticketing, removal of vehicles, and provides for modified penalties of up to $200 (s 20(1a)-(1c), (2), (3)). By‑laws do not displace other civil or criminal liabilities (s 20(1e)).

Statutory protections and reporting: Members have an indemnity for acts done in good faith in execution of their functions (s 17). The Act subjects the Trust to general public sector financial rules by applying the Financial Management Act 2006 and the Auditor General Act 2006 (s 15). The Trust must provide its annual report to the Senate at the same time as it is submitted to the Minister (s 15(2)).

Interlocks with other laws and historical validations: The Act preserves the operation of specific university, hospitals and health services statutes (s 19(1)). Notable additions in later amendments include deeming medical centre facilities to include coroner-enabling facilities in the Trust’s view for Coroners Act purposes (s 3(1a)). The compilation table in the notes identifies a long amendment history, including provisions validating prior acts of delegates and hospital boards in relation to parking and site management (Notes, validation provisions).

These concepts together create a framework where the Trust holds and controls Crown land dedicated to medical education and hospital functions, with delegated site management options, constrained alienation and borrowing, bank and audit governance, and local regulatory control over users and vehicles.

Directly affected parties

• The Trust and its members. The Trust is the statutory manager and decision-maker for the reserve (ss 7, 13). Members are appointed under s 7(3) and are the people who convene meetings, exercise powers, delegate, approve by‑laws and enter into leases or other dealings subject to statutory constraints. The Act provides members statutory indemnity for good faith acts (s 17) and permits the Minister, on recommendation of the Public Sector Commissioner, to determine remuneration and allowances for members and deputies (s 12A).

• Delegates and site managers. The Trust can set aside sites and delegate extensive powers to specified delegates by instrument published in the Gazette (s 13(2a)). Delegates who exercise those powers will manage site development, collect fees, hold specific accounts and be subject to reporting and audit obligations to the Trust (ss 13(2e)-(2j), (2g), (2i)).

• Hospitals, medical schools and managing bodies on the reserve. Hospitals and medical education providers operating on the reserve are within the Act’s defined scope of "medical centre" and are affected by the Trust’s development controls, by‑laws and any leases or delegations (s 3(1), s 13). The Act expressly preserves interactions with university and teaching hospital statutes (s 19(1)).

• The Senate of the University of Western Australia. The Senate has appointment powers for two members (s 7(3)(c)), may apply university fees and other monies towards the reserve (s 18), and is to receive the Trust’s annual report concurrently with the Minister (s 15(2)). The Senate’s nomination and report role gives it some ongoing oversight and financing influence.

• The Minister and Governor. The Minister provides written nominations for three members and must approve delegations per s 13(2a) and may approve remuneration following PSC recommendation (s 12A). The Governor is required to give consent for certain instruments such as excisions for roads/drainage (s 5), leases/mortgages or other dealings with reserve land (s 13(6)), and approval of by‑laws (s 20(1)). The Governor also may re‑vest further land by Order in Council on Trust and Senate recommendation (s 4(2)).

• Treasurer and Consolidated Account. The Treasurer approves Treasurer‑approved bank arrangements and investment categories for delegate accounts, approves terms of borrowing under s 13(3A), and may guarantee Trust borrowing under s 13(3B). The Treasurer is the accountable officer for contingent payments under guarantees (s 13(4)).

• Users of the reserve including patients, staff, students, visitors, drivers and lessees. The Trust may regulate conduct, traffic, parking and pedestrian movement and may impose fees and modified penalties for breaches (s 20(1), (1a), (2)). Persons using parking may be charged fees, required to display tickets or permits and subject to vehicle removal and fee recovery processes (s 20(1a)(c)-(o)).

Indirectly affected parties

• Potential commercial tenants, developers and financiers. The Trust may lease up to 99 years with Governor consent, and may borrow with Treasurer-backed guarantees. Investors considering development on the reserve will be affected by the Governor consent requirement for significant dealings, the Trust’s delegation regime, and the potential for a delegate to have site-specific regulatory power and fee revenue (s 13(6), (3A), (2a), (2f)).

• Local government and policing agencies. The Trust’s by‑laws do not replace common law or other written law liabilities (s 20(1e)). Enforcement of by‑laws or removal of vehicles under Trust powers may require coordination with policing or local government authorities (s 20(1a)(o)).

• University students and staff. Medical education is a statutory object of the reserve; the Trust’s decisions on development and site allocation will affect the placement and facilities available for medical, dental and nursing education on the reserve (s 3(1), s 13).

Concentrated vs diffuse impacts

The Act concentrates decision power and potential revenue streams in the Trust and its delegates, creating concentrated benefits for delegates, hospital boards, lessees and fee collectors who operate on the reserve. Costs in terms of regulation, parking fees and vehicle removal are diffuse among users and visitors. Financial guarantees from the Treasurer create contingent fiscal exposure for the State if the Trust borrows and defaults (s 13(3A)-(4)).

Who decides and who pays

Decisions about land use, delegation, by‑laws, fees and site development are taken by the Trust, subject to Governor and Minister approvals in specified areas (ss 13(2a), 13(6), 20(1)). Borrowing requires Governor approval and Treasurer‑approved terms and may be guaranteed by the Treasurer, which places contingent fiscal liability on the State (s 13(3A)-(4)). The primary payers of fees and modified penalties are users, including drivers and visitors to the reserve, and tenants or delegates who hold or collect moneys for site services (s 13(2f), 20(1a)(c), (n)).

The Act establishes duties for the Trust, delegates, the Minister, Governor, Treasurer and other parties, as well as rights that flow from the statutory regime.

Duties of the Trust

• Develop, control and manage the reserve before and after establishment of a medical centre (s 13(1)). This is the Trust’s statutory function.

• Exercise all powers necessary or convenient to perform its functions (s 13(2)). This duty imposes a broad governance obligation which the Trust must discharge consistently with the Act.

• Maintain funds in the Queen Elizabeth II Medical Centre Trust Account at a Treasurer-approved bank (s 13(2n)) and ensure funds are used for interest and repayment of borrowings, grants or loans, remuneration, allowances and other lawful expenditure (s 13(2o)).

• Seek Governor’s consent for leasing, mortgaging, charging or otherwise dealing with reserve land, and limit leases to terms not exceeding 99 years unless the Governor consents (s 13(6)).

• When delegating under s 13(2a), publish instruments in the Gazette, obtain the Minister and Governor approvals where required, and monitor delegates by requiring reports and audited accounts after 30 June each year (s 13(2a), (2c), (2i)).

• Ensure that site delegations provide for the handling of moneys into delegate accounts and that those moneys are applied in accordance with s 13(2g)-(2h).

• Make by‑laws with Governor approval and regulate parking, pedestrian movement and conduct on the reserve consistent with s 20.

Duties of delegates

• Hold moneys derived from delegated site operations in a delegate-named account at a Treasurer-approved bank and invest only in Treasurer-approved categories until required (s 13(2g)).

• Apply money in the account for site development or in the exercise of delegated powers and for repayment of any loans advanced by the Trust (s 13(2h)).

• Furnish to the Trust a report and audited accounts as soon as practicable after 30 June each year detailing the exercise of the delegated powers (s 13(2i)).

• Obtain the prior consent of the person concerned before making a delegation under s 13(2a) to that person (s 13(2b)).

Rights of the Trust and delegates

• The Trust and delegates have statutory capacity to set fees, issue permits and ticket parking, remove vehicles, and recover fees or modified penalties under by‑laws (s 20(1a)(c)-(o), (n), (t)).

• Delegates may, where they have the power under another Act to make regulations or by‑laws, with Governor approval and on Trust recommendation, make regulations or by‑laws for the site with the same effect as Trust by‑laws for that site (s 13(2e)).

• The Trust may accept gifts and invest proceeds under Part III of the Trustees Act 1962, using income for the medical centre (s 13(7)).

• The Trust is empowered to borrow with Governor and Treasurer approval and to secure state guarantees for repayment subject to Treasurer terms (ss 13(3A), (3B)).

Minister and Governor duties and constraints

• The Minister provides nominations for certain Trust members and, together with the Senate for one member, supplies the appointment inputs set out in s 7(3).

• The Minister must recommend remuneration and allowances via the Public Sector Commissioner for Minister determination (s 12A).

• The Governor must approve by‑laws and must give consent to leasing, mortgaging or otherwise dealing with reserve land; Orders in Council are required to re‑vest further land or excise small parcels for drainage or roads (ss 4(2), 5, 13(6), 20(1)).

Treasurer duties

• Approve the bank at which the Trust and delegates hold accounts and approve categories of temporary investments for delegate accounts (s 13(2g)).

• Approve borrowing terms and may provide guarantees for loans the Trust takes under s 13(3A) (s 13(3B)).

• If guaranteeing borrowing, ensure money required to fulfil any guarantee is charged to the Consolidated Account and that recovered sums are credited to the Consolidated Account (s 13(4)).

Reporting and audit obligations

• The Trust is subject to the Financial Management Act 2006 and the Auditor General Act 2006 provisions regulating statutory authorities and must furnish its annual report to the Senate at the same time as to the Minister (s 15).

• Delegates must supply the Trust with a report and audited accounts following the end of each financial year for activities under delegated powers (s 13(2i)).

Enforcement and legal protections

• The Trust may make by‑laws and impose pecuniary penalties not exceeding $200 for breaches; proceeds go to the Trust for its purposes (s 20(2)-(3)).

• Members are protected by a statutory indemnity against actions for acts done in good faith (s 17). This reduces personal civil risk for bona fide performance of statutory functions.

Rights of third parties and limitations

• By‑laws do not remove other civil or criminal liabilities under common law or other written law (s 20(1e)). Individuals retain common law and statutory rights where relevant.

• References in other instruments or Acts to the Perth Medical Centre reserve or Perth Medical Centre Trust are to be read as references to the names used in this Act unless context requires otherwise (s 3(2)-(3)).

The Act creates a limited regime of by‑laws enforceable by the Trust and by persons the Trust specifies. Enforcement instruments include by‑laws, modified penalties, ticketing and vehicle removal powers.

By‑laws and modified penalties

• The Trust may make by‑laws, with Governor approval, for matters affecting development, control, management and good government of the reserve, including specific regulation of pedestrian traffic and vehicle parking, standing and use (s 20(1), (1a)).

• By‑laws can prescribe fees for the use of parking or standing areas, permit regimes, ticketing systems, display requirements, terms and conditions for parking, and exemptions for persons or classes of vehicles (s 20(1a)(c)-(g), (m)).

• The Trust may impose a modified penalty not exceeding $200 for specified by‑law offences and prescribe the procedure for notifying alleged offenders, payment periods and the consequences of payment, including that payment is a defence to prosecution for the alleged offence (s 20(1a)(r), (t), (2)).

• By‑laws may also identify circumstances in which the owner of a vehicle is deemed to be the driver for alleged offences (s 20(1a)(q)).

Vehicle removal and fee recovery

• By‑laws may authorise an officer or servant of the Trust to remove or cause removal of vehicles from parking areas or any other parts of the reserve to a specified place and prescribe recovery fees for release of the vehicle (s 20(1a)(o)). The Trust can hold vehicles until prescribed fees are paid.

• By‑laws may provide for the protection of parking equipment and for the imposition and collection of charges, including methods of payment and recovery (s 20(1a)(h), (n)).

Enforcement mechanisms and actors

• Proceedings for by‑law offences may be taken in the name of the Trust by any person the by‑laws specify; such persons may be reimbursed out of Trust funds for damages or reasonable expenses incurred in bringing proceedings (s 20(4)).

• Subsection 1c enables a person specified in by‑laws who considers a modified penalty inadequate to refuse its acceptance and instead cause court proceedings to be taken against an alleged offender (s 20(1c)). This preserves prosecutorial discretion for particular specified persons.

Limits on penalties

• The maximum modified penalty set by the Act for by‑law offences is $200 (s 20(2)). The Act does not authorise criminal penalties beyond what by‑laws specify; common law and other statutory offences remain available (s 20(1e)).

Financial enforcement, accounts and audit

• Pecuniary penalties paid to the Trust are applied to its purposes (s 20(3)). The Trust is subject to the Financial Management Act 2006 and the Auditor General Act 2006 for financial administration, audit and reporting (s 15(1)). Delegates must produce audited accounts to the Trust annually (s 13(2i)).

Legal protection and indemnity

• Members are insulated from personal liability for acts done in good faith in relation to their Trust functions (s 17). This statutory indemnity prevents civil claims against members personally for bona fide exercise of powers.

Enforcement risks and practical friction points

• The enforcement regime depends on by‑laws approved by the Governor. The Trust requires Governor approval to enact by‑laws, which may delay the ability to address local problems quickly (s 20(1)). Similarly, the delegated site regime permits delegates to make site by‑laws with Governor approval but within the scope of the delegation (s 13(2e)).

• The Act limits modified penalties to $200, which constrains the monetary deterrent available for parking and vehicle offences. Where the Trust or delegate considers a higher sanction appropriate, the specified enforcement officer may refuse to accept a modified penalty and commence formal proceedings instead, but that approach is likely to involve court time and costs (s 20(1c)).

• Vehicle removal powers require secure storage and procedures to safeguard against liability; the Act allows the Trust to hold vehicles until fees are paid, but liability for improper removal is not addressed in detail and would be resolved under common law or other statutes (s 20(1a)(o), (1e)).

The Act contains express saving clauses, cross-references, and operational intersections with other statutes that determine its relationship to health, university and financial law.

Express savings and non-application

• The Act expressly provides that, except as provided, it does not affect or prejudice the provisions of the University of Western Australia Act 1911, the University Medical School, Teaching Hospitals, Act 1955, the Private Hospitals and Health Services Act 1927, the Health Services Act 2016, or the Cancer Council of Western Australia Act 1958 (s 19(1)). This preserves parallel statutory regimes for university governance and hospital management where applicable.

• The Parks and Reserves Act 1895 is declared not to apply to the reserve (s 19(2)). This exclusion removes a layer of public park management rules and replaces them with the Trust’s specific statutory regime.

Application of financial and audit statutes

• The Financial Management Act 2006 and the Auditor General Act 2006 apply to and regulate the financial administration, audit and reporting of the Trust as a statutory authority (s 15(1)). This subjects the Trust to the State’s public sector financial governance framework including appropriation and reporting rules.

Interaction with property law and titles

• On revesting the land in Her Majesty under s 4(1) or by Order under s 4(2), the land is removed from the operation of the Transfer of Land Act 1893 (s 4(1)(b), (3)). That change places the land outside the Torrens system for the relevant parcels and vests legal title in the Crown as of Her former estate. Subsequent dealings with the land are governed by this Act and other Crown processes, not directly under the Transfer of Land Act.

Delegation interactions with other Acts

• A delegate may have powers under other Acts to make regulations or by‑laws. Where the delegate possesses such power, and with Governor approval on Trust recommendation, the delegate may make regulations or by‑laws in respect of the site under s 13(2e). Section 13(2e) expressly provides that those regulations or by‑laws are to be treated as if they were Trust by‑laws for the purposes of s 20, creating a hybrid instrument that draws authority from both this Act and other enabling statutes.

Coroners Act interface

• The definition of "medical centre" is extended to include such facilities as the Trust considers necessary and convenient for enabling a coroner under the Coroners Act 1996 to exercise jurisdiction under that Act (s 3(1a)). This embeds coroner-related utility facilities within the Trust’s remit, enabling facilities on the reserve to support coronial functions.

Treasurer and State financial law

• Borrowing by the Trust requires Governor approval and the Treasurer’s approval of terms (s 13(3A)). The Treasurer may guarantee repayment and interest and must charge to the Consolidated Account sums required to meet guarantees (s 13(3B), (4)). This creates a formal mechanism linking Trust debt to State contingent liability and Consolidated Account processes.

University and Senate provisions

• The Act provides that references to the Perth Medical Centre reserve or Trust in other instruments should be read as references to The Queen Elizabeth II Medical Centre Reserve or Trust unless context requires otherwise (s 3(2)-(3)). Additionally, the Senate can apply university fees and other monies towards the reserve notwithstanding s 38 of the University Act (s 18). The Trust must also furnish its annual report to the Senate at the same time as to the Minister (s 15(2)). These provisions secure the university’s continuing statutory and financial involvement.

Validation of prior acts

• Notes to the Act include statutory validation provisions (for example, the Queen Elizabeth II Medical Centre Amendment Act 1985 s 9 and Health Legislation Amendment Act 2004 s 18) that retrospectively validate past acts and moneys received by hospital boards or other bodies in relation to the reserve. These validation clauses interact with historical governance arrangements around teaching hospitals and delegated site management (Notes, other notes 1 and 4).

Limits on other legislation

• The Act’s non-application of the Parks and Reserves Act means that park protection and reserves-related restrictions do not apply. Conversely, the Act preserves the operation of various university and hospital statutes, so any conflict must be resolved in favour of those statutory provisions to the extent the Act does not intend exclusion (s 19).

Practical consequences of these interactions

• Entities operating on the reserve must navigate this Act alongside the Financial Management Act, Auditor General Act, Coroners Act and university and health services statutes. Delegates exercising powers under other Acts may need to coordinate approvals and ensure Governor involvement where required by s 13(2e).

• The Treasurer’s potential guarantee of Trust borrowing brings State fiscal processes into play for Trust financing decisions. Prospective lenders will require clarity on the presence, terms and extent of any Treasurer guarantee and the process for Governor and Treasurer approvals (ss 13(3A), (3B)).

The Act has been amended numerous times; the compilation table in the Act’s notes sets out the principal amending instruments, assent dates and commencement details. The following distils that formal amendment record and key thematic changes that the amending Acts introduced.

Early enactment and name change

• The original Act was enacted as the Perth Medical Centre Act 1966 (No. 54 of 1966) and commenced in 1968. The short title was later changed to the Queen Elizabeth II Medical Centre Act 1966 (see Reprint notes).

1970s amendments

• Perth Medical Centre Amendment Act 1973 (No. 72 of 1973) introduced s 13A enabling additional land acquired by the Trust to be reserved by Order in Council (s 13A inserted 1973). Other 1970s amendments adjusted procedural or administrative provisions, including a 1976 Act permitting excision up to 3 ha for drainage or roads (s 5; No. 2 of 1976) and a 1977 amendment to the short title and some definitions (No. 6 of 1977).

1980s reforms and financial governance

• Queen Elizabeth II Medical Centre Amendment Act 1985 (No. 59 of 1985) broadened delegations and included validation provisions for moneys received by hospital boards (Notes 1). The Acts Amendment (Financial Administration and Audit) Act 1985 (No. 98 of 1985) started the alignment of the Trust with State financial and audit controls. These amendments were central to bringing the Trust within general public sector financial governance.

1990s and sectoral alignment

• Amendments in 1991 (No. 31 of 1991) and the 1993 Financial Administration Legislation Amendment Act (No. 6 of 1993) continued to modernise administrative provisions. The Coroners Act insertion in 1996 is reflected in s 3(1a) which deems the Trust’s "medical centre" to include facilities necessary for coronial jurisdiction (No. 2 of 1996 s 61).

2000s and standardisation

• Various amendments consolidated, standardised formatting and updated references. The Financial Legislation Amendment and Repeal Act 2006 (No. 77 of 2006) and other financial modernisation measures were implemented (2006). The Medical Practitioners Act 2008 and other health-related statutes impacted interactions with the Trust and reserve.

2010s governance and modern meetings

• The Standardisation of Formatting Act 2010, Statutes (Repeals and Minor Amendments) Act 2011, and the Queen Elizabeth II Medical Centre Amendment Act 2013 (No. 6 of 2013) introduced procedural modernisations including remote meetings and written resolutions (ss 11A-11B inserted 2013), and s 12A authorising ministerial determination of member remuneration on PSC recommendation.

• Repeats and reprints occurred with Reprint 5 authorised as at 13 December 2013.

2016 changes

• The Health Services Act 2016 introduced references and deletions that impacted the Act and its saved references to hospital management arrangements; parts of the Act were updated with effect 1 July 2016, and some prior managing body and appointments committee references were deleted (Compilation table entries 2016).

Validation and transitional notes

• The notes to the Act record statutory validations, most notably the 1985 validation of moneys and acts by hospital boards in respect of reserve development and parking activities (Notes 1), and the 2004 validation in respect of Metropolitan Health Service Board formation (Notes 4).

Recent amendments and uncommenced provisions

• The compilation table notes a Health Services Amendment Act 2023 (No. 1 of 2023 Pt 5) that had not commenced at the time of the compilation, indicating continuing legislative interaction between health services reform and the Trust’s statutory framework.

What changed functionally over time

• The major functional evolutions are the alignment with state financial governance and audit frameworks, explicit delegate-accounting and reporting duties introduced in the 1980s and 1990s amendments, the introduction of delegated site powers and financial separation for delegates, and modern governance updates such as remote attendance and written resolutions. The Act has been iteratively updated to bring the Trust into the mainstream public sector financial regime while retaining substantial autonomy over reserve management.

For precise text and commencement details of each amending Act see the compilation table and notes appended to the Act.

The Act as compiled in the provided text does not list judicial decisions or recorded litigation. The compilation notes and amendments contain validation provisions and statutory clarifications that address past administrative acts without reference to court cases.

What the Act contains by way of legal stability

• The Act includes statutory indemnities for members acting in good faith (s 17) and contains validation clauses in amending legislation (see Notes), which are statutory responses to past administrative arrangements rather than reported litigation. For example, the Queen Elizabeth II Medical Centre Amendment Act 1985 contains a validation section deeming certain moneys and acts by hospital boards to have been lawfully received or done (Notes, other notes 1). The Health Legislation Amendment Act 2004 includes a validation of formation and prior acts of the Metropolitan Health Service Board (Notes, other notes 4).

Implications of the absence of recorded litigation in the Act text

• The absence of named cases in the Act and compilation does not mean no litigation has occurred; it means the statute and its attached notes do not identify judicial decisions. Practitioners seeking case law on disputes involving the Trust, interpretation of delegation instruments, by‑law enforcement, conveyancing interaction with the Transfer of Land Act, or state guarantees of borrowing should conduct a targeted judicial search across Western Australian court and tribunal databases and consider administrative review bodies. The Act does not itself supply such judicial references.

Use of validation provisions instead of litigation resolution

• The statutory validations recorded in the notes suggest that Parliament exercised its legislative power to regularise past administrative or technical defects rather than these matters being finally resolved by litigation. That history is relevant to understanding how statutory actors have relied on legislation to clear uncertainty about revenue application or prior delegations.

In short, the Act’s text and accompanying notes do not supply a litigation history; further case-law research will be required for any legal issues concerning judicial interpretation, enforcement of by‑laws, or contractual disputes involving the Trust.

This section identifies non-obvious operational, legal and compliance traps that practitioners, delegates, tenants and financiers should watch for, based on the Act’s text.

Governor consent is pivotal

• The Trust cannot sell reserve land and may not lease, mortgage, charge or otherwise deal with land forming part of the reserve without the Governor’s consent (s 13(6)). Even where leasing is contemplated for up to 99 years, this requires Governor consent. Practically, prospective tenants and developers must factor in a potentially lengthier approval pathway involving the Governor’s office, not simply a transaction with the Trust.

Revesting removes Transfer of Land protections

• Revesting under s 4 removes the land from the Transfer of Land Act 1893. Title issues and familiar Torrens title safeguards do not directly apply. Conveyancers must therefore treat land dealings as Crown land dealings governed by this Act and any applicable Orders in Council, and not assume standard Torrens rectification mechanisms.

Delegation appears wide, but has specific carve-outs

• The Trust may delegate "all or any" powers in relation to a site, but explicitly cannot delegate the power of delegation, the power to borrow under s 13(3A) or the power to lease, mortgage or otherwise deal with land in the reserve (s 13(2a)). Delegates can nonetheless make by‑laws with Governor approval if they have power under another Act to do so (s 13(2e)). Delegates must navigate the lines between delegated authority and powers reserved to the Trust or requiring Governor approval.

Delegates’ accounts and Treasurer approvals

• Delegates must hold moneys in a delegate-named account "as delegate of The Queen Elizabeth II Medical Centre Trust" at a bank approved by the Treasurer, and may invest only in Treasurer-approved categories temporarily (s 13(2g)). Failure to use a Treasurer-approved bank or prohibited investments could breach the Act. Delegates and their financial officers must confirm bank approvals and permitted investment categories with Treasury and ensure compliance.

Revocation of delegation triggers full transfer of property and liabilities

• On revocation, all personal property, rights, liabilities and contracts that were vested in the delegate in his capacity as delegate pass to and become vested in the Trust without any transfer or assignment (s 13(2l)). That automatic shift may produce sudden, unintended liabilities or contractual consequences for the Trust if the delegate’s affairs were encumbered. Trusts and delegates must document contingent liabilities and ensure transition provisions are managed.

Limited monetary penalties for by‑laws

• By‑law modified penalties are capped at $200 (s 20(2)). For parking management and similar enforcement where higher monetary deterrents would be useful, the limited cap reduces a commercial deterrent. The Trust can prosecute instead of accepting a modified penalty (s 20(1c)), but that route involves litigation costs and court time.

Indemnity is limited to good faith acts

• s 17 provides protection for members "in good faith". Conduct outside the good faith scope, negligent acts that cross into improperly performed obligations, or intentional wrongdoing are not protected. Members and their insurers should understand the scope and limits of the statutory indemnity and ensure appropriate directors and officers insurance.

Interaction with university and health law

• The Act preserves other statutes such as the University of Western Australia Act and various hospitals Acts (s 19(1)). That means Trust decisions must be coordinated with university and health service governance. Practically, arrangements with teaching hospitals and the university may involve concurrent compliance with multiple statutory regimes and internal governance processes, making negotiation and project delivery more complex.

Reporting and audit obligations

• The Trust is subject to the Financial Management Act 2006 and Auditor General Act 2006 (s 15). Delegates must provide audited accounts to the Trust after 30 June each year (s 13(2i)). Delegates that are not used to public sector audit regimes may underestimate the reporting burden and timing requirements, which affects project cashflows and timing for fee-retention.

Treasurer guarantee is discretionary and contingent

• Borrowing requires Governor approval and Treasurer-approved terms; Treasurer guarantees are discretionary (ss 13(3A), (3B)). Lenders cannot assume State guarantees exist. Any financial model dependent on a Treasurer guarantee must secure that guarantee in formal documentation and understand the Treasurer’s policy process for approvals.

Site setting without Governor consent for leasing

• The Trust may set aside land as a site and delegate many powers without requiring the Governor’s consent to the set-aside itself (s 13(2a)). However, the Trust cannot delegate its power to deal with reserve land (s 13(2a)(c)) meaning that delegates may operate sites but not acquire underlying land or grant long leases thereafter without Governor consent. This creates difference between operational control and ultimate land title control.

By‑laws do not oust other liabilities

• By‑laws do not limit other civil or criminal liabilities (s 20(1e)). Removal of a vehicle, for example, could give rise to tort claims or other statutory breaches; by‑law protection does not provide a complete legal safe harbour.

Publication and Gazette timing matters

• Delegations under s 13(2a) and instruments amending or revoking them come into operation on the day specified, not earlier than publication in the Gazette (s 13(2c)). Practitioners must observe Gazette publication timings when calculating effective dates of delegations, fees or regulatory obligations.

Annual review obligations

• The Minister must carry out reviews of the operation of the Act as soon as practicable after 1 January 1991 and every five years thereafter, and must lay the review report before Parliament (s 21). Those review cycles can trigger policy shifts or legislative changes affecting long-term projects on the reserve.

In sum, the statute’s combination of delegation, Governor consent, Treasurer approvals, delegate accounting regimes and preservation of university/hospital law creates multiple operational chokepoints that participants must navigate carefully.

This section translates statutory duties into practical compliance steps for Trust members, delegates, hospital boards and commercial parties.

Governance and meeting compliance

• Ensure appointments and quorum composition comply with s 7 and s 8: Confirm that one member is the chair appointed under s 7(3)(a), that two members are Minister-nominated and two Senate-appointed, and that quorum includes the chairman or vice chairman, one member appointed under s 7(3)(b) and one under s 7(3)(c) (s 7(3), s 8(2A)). Record appointment instruments and maintain a register of members and deputies.

• Adopt standing procedures reflecting s 10 for convening meetings, voting, casting vote rules and common seal use: the common seal may be affixed only at meetings and requires attestation by two members (s 11). Use s 11A and 11B provisions to enable remote attendance and written resolutions where appropriate and ensure the minutes and records capture contemporaneous attendance and voting.

Delegation and site management

• If setting aside sites under s 13(2a), prepare a formal instrument for Gazette publication that specifies the site, delegate, the precise delegation scope and effective date, ensures Minister approval where required and secures prior consent from any person to whom the delegation will be made (s 13(2a)-(2c)).

• Include precise reporting and auditing obligations in the delegation instrument to satisfy s 13(2i). Require delegates to maintain separately identified accounts with a Treasurer-approved bank and to invest only in Treasurer-approved categories (s 13(2g)).

• Ensure delegation instruments include provisions for the Trust to give directions on proposed developments and that delegates are contractually obliged to comply with such directions (s 13(2d)).

Financial and auditing compliance

• Open and maintain the Queen Elizabeth II Medical Centre Trust Account at a Treasurer-approved bank and ensure all moneys enumerated in s 13(2m) are credited appropriately (s 13(2n)). Ensure the account funds are used in line with the permitted categories in s 13(2o).

• For borrowing, obtain Governor approval and ensure the Treasurer approves borrowing terms before entering into debt facilities (s 13(3A)). If seeking a Treasurer guarantee, secure formal written guarantee terms and ensure clarity on how the Treasurer will charge and credit the Consolidated Account under s 13(4).

• Implement financial controls consistent with the Financial Management Act 2006 and Auditor General Act 2006: budget authorisations, procurement rules, internal audit, and annual financial statements suitable for external audit (s 15).

By‑laws, parking and enforcement

• Draft by‑laws on parking, permits and tickets in the detail contemplated by s 20(1a). Seek Governor approval for by‑laws and set out notification and modified penalty procedures, including prescribed periods for payment, and forms of notice and ticketing. Where modified penalties are to be offered, set amounts mindful of the $200 cap (s 20(2)).

• Train officers authorised to remove vehicles on the legal and evidentiary basis for removal, ensure secure storage facilities and clear release fee schedules, and document clear processes for holding and returning vehicles. Include indemnity and liability management in procurement of vehicle removal and storage contractors.

Reporting and audit for delegates

• Require delegates to provide an annual report and audited accounts to the Trust as soon as practicable after 30 June each year (s 13(2i)). Auditors should be aware the delegate account must be held "as delegate of The Queen Elizabeth II Medical Centre Trust" and that audit scope must cover application of those funds per s 13(2h).

Contract and property transactions

• For leases, mortgages or charges on reserve land, obtain Governor consent as required and ensure legal instruments are consistent with the limits on term and purpose in s 13(6). Ensure due diligence considers the absence of Transfer of Land Act title protections where land has been revested in the Crown under s 4.

Insurance and indemnity

• Although s 17 provides indemnity for good faith acts by members, procure appropriate directors and officers liability insurance and consider indemnities for delegates and contractors to manage risk not covered by the statutory indemnity.

Coordination with the Senate and university

• When projects or expenditures involve university teaching or research facilities, coordinate approvals and funding with the Senate in view of s 18 and s 15(2), and ensure the Trust’s annual report is furnished to the Senate concurrently with submission to the Minister.

Record-keeping and Gazette compliance

• Publish all delegation instruments, amendments and revocations in the Gazette and ensure effective dates are not prior to Gazette publication as required by s 13(2c). Maintain a central register of all instruments, by‑laws, fees, permits and delegated powers.

Training and policies

• Adopt compliance policies and staff training covering by‑law enforcement, fee collection, handling modified penalties, privacy in relation to ticketing and vehicle registration data, record retention to meet audit requirements, and the process for instructing delegates and managing their reports.

Engage Treasury early for borrowing and bank approvals

• Before committing to borrowing or establishing delegate accounts, reach out to Treasury to confirm approved banks and acceptable investment categories and to clarify the process and terms for any Treasurer guarantee (ss 13(2g), 13(3A)-(3B)).

Plan for reviews

• Keep records and performance measures in order to support the Minister’s periodic review of the Act required by s 21. Anticipate questions about attainment of the Act’s objects, administration, effectiveness of operations and the need for continuation of the Trust.

Practical checklist summary

• Confirm appointments and quorum compliance; adopt minute templates and remote participation protocols.

• Prepare delegation instruments for Gazette publication and secure Minister/Governor approvals as required.

• Open statutory bank accounts with Treasurer approval; establish trust accounting.

• Implement Financial Management Act-compliant budgeting and procure auditing.

• Draft Governor-approved by‑laws for parking and enforcement; set clear ticketing and vehicle removal processes.

• Obtain Governor consent for any proposed lease or mortgage of reserve land.

• Maintain insurance and ensure statutory indemnities are supported by appropriate risk transfer.

Compliance with these steps aligns operational practice with the Act’s statutory architecture and minimises risk to Trust members, delegates, and other participants on the reserve.