18ATransfer of hospital and other assets etc of The Thomas
Walker Convalescent Hospital
(1)
On and from the day appointed and notified under
section 2 (2) of the Walker Trusts (Amendment) Act
1983:
(a)
all real and personal property and all right and
interest therein and all management and control thereof that, immediately
before that day, was vested in or belonged to The Thomas Walker Convalescent
Hospital shall vest in and belong to the Foundation,
(b)
all money and liquidated and unliquidated claims
that, immediately before that day, was or were payable to or recoverable by
The Thomas Walker Convalescent Hospital shall be money and liquidated and
unliquidated claims payable to or recoverable by the
Foundation,
(c)
all proceedings commenced before that day by The
Thomas Walker Convalescent Hospital and pending immediately before that day
shall be deemed to be proceedings pending on that day by the Foundation and
all proceedings so commenced by any person against The Thomas Walker
Convalescent Hospital and pending immediately before that day shall be deemed
to be proceedings pending on that day by that person against the
Foundation,
(d)
all contracts, agreements, arrangements and
undertakings entered into with, and all securities lawfully given to or by,
The Thomas Walker Convalescent Hospital and in force immediately before that
day shall be deemed to be contracts, agreements, arrangements and undertakings
entered into with and securities given to or by the
Foundation,
(e)
the Foundation may, in addition to pursuing any
other remedies or exercising any other powers that may be available to it,
pursue the same remedies for the recovery of money and claims referred to in
this subsection and for the prosecution of proceedings so referred to as The
Thomas Walker Convalescent Hospital might have done, but for its
dissolution,
(f)
the Foundation may enforce and realise any
security or charge existing immediately before that day in favour of The
Thomas Walker Convalescent Hospital and may exercise any powers thereby
conferred on The Thomas Walker Convalescent Hospital as if the security or
charge were a security or charge in favour of the
Foundation,
(g)
all debts, money and claims, liquidated and
unliquidated, that, immediately before that day, were due or payable by, or
recoverable against, The Thomas Walker Convalescent Hospital (including any
amount payable to the Perpetual Trustee Company Limited by way of income
commission as referred to in section 13 (5)) shall be debts due by, money
payable by a claims recoverable against, the Foundation,
and
(h)
all liquidated and unliquidated claims for which
The Thomas Walker Convalescent Hospital would, but for its dissolution, have
been liable shall be liquidated and unliquidated claims for which the
Foundation shall be liable.
(2)
Any act, matter or thing done or omitted to be
done before the day appointed and notified under section 2 (2) of the Walker Trusts
(Amendment) Act 1983, by, to or in respect of The Thomas
Walker Convalescent Hospital shall, to the extent that, but for the
dissolution of The Thomas Walker Convalescent Hospital, that act, matter or
thing would on or after that day have had any force or effect or been in
operation, be deemed to have been done or omitted to be done by, to or in
respect of the Foundation.
(3)
No attornment to the Foundation by a lessee from
The Thomas Walker Convalescent Hospital shall be
required.
(4)
On and from the day appointed and notified under
section 2 (2) of the Walker Trusts (Amendment) Act 1983, in
any other Act or in any regulation, by-law or other statutory instrument or in
any document, whether of the same or of a different kind, a reference, or a
reference required immediately before that day to be read and construed as a
reference, to The Thomas Walker Convalescent Hospital shall be read and
construed as a reference to the Foundation.
(5)
Except as provided by subsection (1), all trusts,
conditions, covenants, easements, charges and encumbrances to which the land
forming part of the property referred to in subsection (1) was subject
immediately before the day appointed and notified under section 2 (2) of the
Walker
Trusts (Amendment) Act 1983, are hereby discharged and
annulled but only in so far as they affect that land.
s 18A: Ins 1983 No
207, Sch 1 (8).
19BLease or licence of trust land
(1)
The Sydney Local Health District, as trustee of
land vested in the Crown by this Act and dedicated for the purposes of the
Dame Eadith Walker Hospital, or any successor as trustee, must lease, or grant
a licence of, part of that land for public hospital or other public health
purposes, for the purpose of public open space or for the purpose of the
agistment of horses, or for purposes ancillary to public hospital, public
health, public open space or horse agistment purposes, if directed to do so by
the Minister.
(2)
The Foundation must, for public hospital or other
public health purposes, for the purpose of public open space or for the
purpose of the agistment of horses, or for purposes ancillary to public
hospital, public health, public open space or horse agistment purposes, lease,
or grant a licence of, part of land vested in the Foundation by section 18A,
if directed to do so by the Minister.
(3)
The lease or licence may be granted for such
public hospital, other public health, public open space, horse agistment or
ancillary purposes as the Minister directs.
(4)
The Minister must not give a direction under this
section unless the Minister is of the opinion that the lease or licence will
not detrimentally affect the administration of, or the care of patients of,
the Dame Eadith Walker Hospital or the Thomas Walker Convalescent
Hospital.
(5)
The Sydney Local Health District, any successor
as trustee, and the Foundation have power to grant a lease or licence under
this section, despite any other provision of this or any other Act or any
trust affecting the land concerned.
s 19B: Ins 1997 No
117, Sch 1 [2]. Am 2011 No 4, Sch 2.35 [2].