Roman Catholic Archdiocese of Adelaide Charitable Trust Act 1981 (SA)

South Australia Roman Catholic Archdiocese of Adelaide Charitable Trust Act 1981 An Act to constitute a Trust to be known as the Roman Catholic Archdiocese of Adelaide Charitable Trust; to bring certain existing trusts and charitable undertakings under the administration of the Trust; to define the powers, authorities, functions and duties of the Trust; and for other purposes.

Contents Part 1—Preliminary 1 Short title 4 Interpretation 4A Designated ministries 5 Objects of Trust Part 2—Constitution of the Trust 6 Constitution of the Trust 7 Membership of Trust 8 Quorum and vacation of office 9 Casual vacancies 10 Common seal 11 Form and execution of certain contracts etc 12 Execution under seal by agent etc Part 3—Property 13 Vesting of certain property in the Trust 14 No attornment necessary 15 Construction of certain instruments 16 Resolution of ambiguities etc 17 Handing over of property by incorporated association 18 Power to alter rules of incorporated association 19 Evidence 20 Certain rights enforceable by the Trust 21 Registration of interests of Trust in land Part 4—General 22 Claims for compensation upon compulsory acquisition etc 23 Receipt for certain moneys 24 Exoneration from enquiry 25 Service of documents 26 Trust may act as executor etc 27 Trust may hold property jointly 28 Regulations 29 Co-operative use of property 30 Saving provision 31 Power to alter trusts 32 Indemnification of certain persons 33 Blending of Trust funds 34 Powers of investment Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Roman Catholic Archdiocese of Adelaide Charitable Trust Act 1981. 4—Interpretation In this Act, unless the contrary intention appears— appointed day means the day on which this Act comes into operation; the Archbishop means the Roman Catholic Archbishop of Adelaide for the time being or his nominee or if he is unable to act in his capacity as Archbishop of Adelaide or if there be no Archbishop of Adelaide means the person for the time being administering the Archdiocese or his deputy; the Archdiocese means the Roman Catholic Archdiocese of Adelaide; the bodies whose property is vested in the Trust means those bodies named in section 5(1)(a) together with the Roman Catholic Archdiocese of Adelaide Charitable Trust Incorporated or any successor in title; conveyance includes transfer; designated ministry means a ministry declared under section 4A to be a designated ministry; disposition includes surrender or release; Goodwood Orphanage means— (a) St. Vincent de Paul's Home Goodwood or any home or homes substituted for that Home; and (b) property held by the Sisters of Mercy in connection with work for children or others who are being or have been cared for in the home or homes referred to in paragraph (a); Largs Bay Orphanage means— (a) St. Joseph's Home Largs Bay or any other home or homes substituted for that Home; and (b) property held by the Sisters of St. Joseph in connection with work for children or others who are being or have been cared for in the home or homes referred to in paragraph (a); property means real or personal property and includes any estate or interest in real or personal property; St. John's Boys Home means— (a) St. John's Boys Home at Brooklyn Park or any other home or homes substituted for that Home; and (b) property held by the Salesians of St. John Bosco in connection with work for children or others who are being or have been cared for in the home or homes referred to in paragraph (a); the Salesians of St. John Bosco means The Salesian Society Incorporated; Sisters of Mercy means the Institute of Sisters of Mercy of Australia & Papua New Guinea; the Sisters of St. Joseph means The Congregation of the Sisters of St. Joseph of the Sacred Heart South Australia Incorporated; the Trust means the Roman Catholic Archdiocese of Adelaide Charitable Trust constituted by this Act. 4A—Designated ministries (1) For the purposes of section 7(1), each of the following ministries is declared to be a designated ministry: (a) the Salesians of St John Bosco; (b) the Sisters of Mercy; (c) the Sisters of St Joseph. (2) If a ministry referred to in subsection (1) ceases to exist, the Archbishop may determine the successor to the former ministry and declare the successor ministry to be a designated ministry. (3) If a ministry declared to be a designated ministry in substitution ceases to exist, the Archbishop may determine the successor to the substituted ministry and declare that ministry to be a designated ministry. (4) A declaration under this section may be varied, revoked or substituted by the Archbishop by further declaration. (5) The Archbishop must when making a determination under this section (including a determination as to whether or not to vary, revoke or substitute a declaration) have regard to the principles of canon law. (6) The Archbishop must, as soon as practicable after making a declaration under this section, cause a copy of the declaration to be published— (a) in a newspaper circulating generally throughout the State; and (b) on the Archdiocese's website; and (c) in any other way that is, in the opinion of the Archbishop, appropriate. 5—Objects of Trust (1) The objects of the Trust are— (a) to take over, promote, maintain and continue the charitable undertakings, purposes or trusts vested in the Catholic Church Indowment Society Incorporated together with— (i) the Sisters of St. Joseph with respect to Largs Bay Orphanage; (ii) the Sisters of Mercy with respect to Goodwood Orphanage; (iii) the Salesians of St. John Bosco with respect to St. John's Boys Home, and such other charitable undertakings, purposes or trusts of the Orders, Congregations, Communities and Associations of the Roman Catholic Church in the Archdiocese and whether relating to families, children, aged, infirm or indigent persons as it may be from time to time expedient or beneficial to vest in the Trust; (b) to promote, develop, administer, manage and support with organisational and funding assistance from investments, capital, income, donations, bequests, or such other source of funds as may from time to time be available, such charitable undertakings within the Archdiocese and in particular for the benefit of children who are deprived of a parent or parents and those in need of counselling, accommodation, sustenance, care and control and assistance to those having the legal or moral duty of care of children and such other persons or families as are in need of Christian charity within the Archdiocese; (c) to purchase, sell, have assigned or transferred to it, take on lease, let, lease or exchange or otherwise deal with such real or personal property as may be considered advisable for the purposes of the Trust and to borrow and raise money and to secure repayment thereof upon such assets of the Trust and in such manner as may be determined by the Trustees and for those purposes or any of them to charge or mortgage all or any of the property of the Trust; (d) to co-operate with any department of the Government of the Commonwealth or of any State or any research, institutional or other body for such purpose and in such manner as the Trustees consider conducive to the promotion, attainment or fulfilment of any of the objects of the Trust and further to co‑operate with persons and bodies for any of the foregoing objects; (e) to do all things that are incidental or conducive to the attainment of all or any of the above objects. (2) The property and income of the Trust shall be applicable only towards the promotion of the objects of the Trust. (3) A certificate under the hand of the Chairman or Secretary of the Trust certifying that the Trust has taken over specified charitable undertakings, purposes or trusts shall be conclusive evidence of the facts so certified.