Roman Catholic Church (Incorporation of Church Entities) Act 1994

What This Law Does

This is a Queensland law that gives the Roman Catholic Church a special legal framework to turn its various organisations — like dioceses, religious orders, and other church bodies — into proper legal corporations (i.e., legally recognised entities that can own property, sign contracts, and sue or be sued in their own name).

Who It Affects

• The Catholic Church in Queensland — its bishops, dioceses, archdioceses, religious orders (like the Jesuits or Franciscans), and other church bodies
• People and businesses dealing with Catholic Church entities — for example, if you're buying land from, signing a contract with, or taking legal action against a Catholic Church organisation
• Members of the public — who have a right to inspect certain public records about these church entities

Key Things This Law Does

1. Creates the Corporation of the Bishops It establishes a peak legal body called the Corporation of the Roman Catholic Bishops of Queensland, which automatically includes whoever holds the position of bishop at any given time. This body oversees the entire framework.

2. Allows Church Bodies to Become Legal Corporations A bishop or the Corporation of the Bishops can ask the government (the "chief executive" — a senior government official) to formally incorporate (i.e., give legal corporate status to) any qualifying church body. Once incorporated, that body can:

• Own and sell property
• Enter contracts
• Invest money
• Sue and be sued in court
• Operate both in Queensland and internationally

3. Converts Existing Church Corporations Some church bodies were already incorporated under older laws (the Associations Incorporation Act 1981 or a 19th century law called the Religious Educational and Charitable Institutions Act 1861). This law allows those to be brought under this new framework instead, preserving all their existing rights and contracts.

4. Protects Outsiders Dealing With Church Entities If you deal in good faith with a Catholic Church corporation — for example, signing a contract or buying property — the law protects you. You can assume that the person you're dealing with has proper authority, that the church entity's rules have been followed, and that documents bearing the entity's seal are genuine. The church entity generally cannot later turn around and say "that person didn't actually have authority" to get out of the deal.

5. Abolishes "Ultra Vires" for Church Entities This removes a legal doctrine ("ultra vires" — Latin for "beyond the powers") that used to make transactions void if an organisation acted outside its stated purposes. Under this law, even if a church entity does something outside its rules, the transaction with outsiders is still legally valid. Internal discipline is a matter for the Church itself (through the Corporation of the Bishops).

6. Trust and Investment Powers Church corporations can hold property in trust for unincorporated church bodies, pool trust money across multiple trusts for investment purposes, and vary (change) the purpose of a charitable trust if the original purpose is no longer workable.

7. Name Changes and Dissolution Church entities can change their name or be dissolved (wound up), with assets passing to a successor entity as directed under church law. Land registration fees are waived when these changes are recorded.

8. Public Record-Keeping A public register of incorporated church entities is maintained by the government chief executive, and a separate register of addresses and constitutional documents is kept by the Corporation of the Bishops — both are open for free public inspection.

Why It Matters

Without this law, many Catholic Church organisations in Queensland would struggle to own property, enter contracts, or be held legally accountable in their own name. The law strikes a balance: it gives the Church's entities full legal powers in the outside world, while leaving internal church governance (who controls what, under canon law — the Church's own internal legal system) largely to the Church itself.