An Act to enable the trustees of the will and codicil of Thomas Walker, late of “Yaralla”, Concord, in the then Colony of New South Wales, deceased, to purchase, and the trustee of the will of Dame Eadith Campbell Walker, late of “Yaralla”, Concord, in the State of New South Wales, to sell certain lands at Concord aforesaid, and to vest portion of such lands in His Majesty for the purpose of a convalescent hospital for men to be known as the “Dame Eadith Walker Convalescent Hospital for Men”; to authorise the said first-mentioned trustees to endow the said hospital; to provide for the management and control of the said hospital; to provide for the application of certain funds held by the said trustees on trust for charitable purposes; to validate the acts of the said trustees in and about the control and management of the Thomas Walker Convalescent Hospital; to incorporate the trustees for the time being of the Thomas Walker Convalescent Hospital, and the trustees for the time being of the Yaralla Cottages Trust respectively, and to grant to such corporations all necessary and proper powers for the performance of those respective charitable trusts; and for purposes connected therewith.
Preamble
WHEREAS on or about the twenty-sixth day of August one thousand eight hundred and seventy-three Thomas Walker late of “Yaralla” Concord near Sydney in the then Colony of New South Wales Esquire duly made his last will and testament whereby after making certain bequests he devised and bequeathed all his real chattel real and leasehold estates and all the rest and residue of his personal estate as therein mentioned unto certain executors and trustees therein named their heirs executors administrators and assigns upon the trusts therein set forth AND the testator declared that in the event of his daughter Eadith Campbell Walker dying without issue (which event has since happened) then as regards the residue of his trust estate his Trustees should divide the same into two portions of as nearly equal value in their judgment as might be practicable and as regards one of those portions should hold the same in trust for certain persons as therein mentioned and as regards the other of those portions should distribute the same amongst charitable (not religious) institutions then or thereafter established in Australia in such proportions and to such institutions as they should determine AND WHEREAS the investments representing the last mentioned portion of the residue of such trust estate are now valued at the sum of three hundred and eighty thousand pounds or thereabouts AND WHEREAS on or about the sixth day of August one thousand eight hundred and eighty-six the said testator by a codicil made to his said will after making certain bequests stated that for a considerable time past he had had it in his mind to establish on part of his land known as “Yaralla” a hospital for the reception and restoration to health of convalescent patients from the hospitals of Sydney or elsewhere and enjoined the trustees of his will and his said daughter to accomplish his design as soon after his decease as it might be practicable to do so and with a view to enabling them to do so he thereby directed his trustees to appropriate and set aside out of his estate not less than one hundred thousand pounds for such purpose AND WHEREAS the said Thomas Walker died on the second day of September one thousand eight hundred and eighty-six and probate of the said will and codicil of the said testator was on or about the twenty-second day of November one thousand eight hundred and eighty-six granted by the Supreme Court of New South Wales to Joanna Walker and James Thomas Walker two of the executors in the said will and codicil named AND WHEREAS the trustees of the will and codicil of the said testator established and have since maintained a hospital known as the Thomas Walker Convalescent Hospital on part of his land at “Yaralla” aforesaid and appropriated a sum of one hundred thousand pounds out of his estate for the building and maintenance of the said hospital AND WHEREAS Alfred Consett Stephen of Sydney aforesaid and Perpetual Trustee Company (Limited) are now the trustees of the will and codicil of the said Thomas Walker deceased AND WHEREAS all the debts of the said Thomas Walker deceased have been paid and all specific and pecuniary legacies bequeathed by him have been satisfied and paid AND WHEREAS on or about the twenty-sixth day of July one thousand nine hundred and thirty-five the abovementioned Eadith Campbell Walker then Dame Eadith Campbell Walker made her last will and appointed the said Perpetual Trustee Company (Limited) to be sole executor and trustee of that her will and the testatrix gave and bequeathed the residue of her real and personal estate whatsoever and wheresoever situate (including all property over which she might have a general power of appointment of disposition by will) unto her trustees upon trust as therein mentioned and directed that her trustee should stand possessed of her residuary estate upon the trusts following that is to say (a) as to two equal third parts in trust for certain persons as therein mentioned and (b) as to the remaining one equal third part in trust for The Returned Sailors and Soldiers Imperial League of Australia New South Wales Branch AND WHEREAS the said testatrix died on or about the eighth day of October one thousand nine hundred and thirty-seven without having been married AND WHEREAS probate of the said will of the said testatrix was on or about the twenty-fifth day of November one thousand nine hundred and thirty-seven granted by the Supreme Court of New South Wales to Perpetual Trustee Company (Limited) the Executor and trustee named in the said will AND WHEREAS by indenture made the fifth day of February one thousand eight hundred and ninety-seven between the said Eadith Campbell Walker of the first part the said Eadith Campbell Walker and the said James Thomas Walker of Sydney aforesaid of the second part and the said Perpetual Trustee Company (Limited) of the third part it was recited inter alia that the said Eadith Campbell Walker having purchased the land therein referred to had caused the said land to be transferred to and vested in the said company for the purposes and upon the trusts thereinafter mentioned AND it was by the said indenture witnessed and declared by and between the parties thereto that the company did hold the securities particularised therein and the money thereby represented and the sum of six thousand pounds therein referred to upon the trusts therein following (all of which trusts are in this Act referred to as “The Yaralla Cottages” AND WHEREAS the said trusts were varied and enlarged by an order of the Supreme Court of New South Wales made on the eleventh day of September one thousand nine hundred and twenty-two on a petition No 116 of 1922 in the Supreme Court of New South Wales in Equity AND WHEREAS the trustees of the will and codicil of the said Thomas Walker deceased are desirous of establishing on the lands in the first schedule to this Act described a convalescent hospital for men to be called The Dame Eadith Walker Convalescent Hospital for Men AND WHEREAS the residuary beneficiaries under the trusts of the will of the said testatrix have consented to the sale of the lands in the first and second schedules to this Act described, by the said Perpetual Trustee Company (Limited) for the sums of £65,000 and £1,025 respectively to the said trustees of the will and codicil of the said Thomas Walker deceased AND WHEREAS certain difficulties have arisen as to the purchase and acquisition of the lands in the schedules to this Act set forth by the said trustees of the will and codicil of the said Thomas Walker deceased by reason of the said Perpetual Trustee Company (Limited) being one of the trustees thereof as well as being the sole executor and trustee of the will of the said Dame Eadith Campbell Walker deceased AND it is desirable that the trustees of the will and codicil of the said Thomas Walker deceased should be authorised and enabled to purchase the said lands with part of the moneys comprised in the charitable fund hereinafter in this Act defined AND WHEREAS it is desirable that the lands in the first schedule to this Act set forth should be vested in His Majesty for the purpose of The Dame Eadith Walker Convalescent Hospital for Men as in this Act mentioned AND WHEREAS it is desirable to commemorate the long association of the said Thomas Walker deceased with the town and district of Tenterfield:
BE it therefore enacted by the King’s Most Excellent Majesty and by and with the consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same as follows:
1 Name of Act
This Act may be cited as the Walker Trusts Act 1938.
2 Definitions
In construing this Act the following words shall, unless the context otherwise requires, have the meanings herein assigned to them:Charitable fund shall mean that portion of the residuary estate of the said Thomas Walker deceased held by the trustees of the will and codicil of the said Thomas Walker deceased upon trust for distribution amongst charitable (not religious) institutions.Foundation means the New South Wales Health Foundation constituted by section 16 of the Health Administration Act 1982.The trustee of the will and codicil of Thomas Walker deceased shall mean the trustee or trustees for the time being of the will and codicil of the said Thomas Walker deceased.The trustee of the will of Dame Eadith Campbell Walker deceased shall mean the trustee or trustees for the time being of the will of the said Dame Eadith Campbell Walker deceased.The trustee of the Yaralla Cottages shall mean the trustee or trustees for the time being of the trusts created by the said recited indenture of the fifth day of February one thousand eight hundred and ninety-seven as varied by the said order and by this Act.s 2: Am 1983 No 207, Sch 1 (1).
3 Land in First Schedule
(1) The trustee of the will and codicil of Thomas Walker deceased shall be deemed to have purchased and the trustee of the will of Dame Eadith Campbell Walker shall be deemed to have sold the land in the First Schedule to this Act described for the sum of sixty five thousand pounds and the land in the Second Schedule to this Act described for the sum of one thousand and twenty-five pounds.(2) The trustee of the will of Dame Eadith Campbell Walker deceased upon receiving payment from the trustee of the will and codicil of Thomas Walker deceased of the said purchase money for the land in the Second Schedule to this Act described shall convey to the body corporate by this Act created and named The Thomas Walker Convalescent Hospital the said land for an estate in fee simple and thereupon the said body corporate shall hold the said land as part of The Thomas Walker Convalescent Hospital.(3) Any assurance of the said land made in pursuance of the preceding subsection of this Act shall be free from the payment of stamp duty under the provisions of the Stamp Duties Act 1920–1933.
4 Appropriation of part of the charitable fund
(1) The trustee of the will and codicil of the said Thomas Walker deceased shall upon the commencement of this Act appropriate out of the charitable fund the sum of one hundred thousand pounds and apply the same in manner following that is to say:(a) As to sixty-six thousand and twenty-five pounds thereof in payment to the trustee of the will of Dame Eadith Campbell Walker deceased of the purchase moneys of the respective lands in the Schedules to this Act described.(b) And as to the balance of the said sum of one hundred thousand pounds in payment thereof to the Colonial Treasurer to be placed by him in a separate trust account for the purposes of the constitution and establishment of the Dame Eadith Walker Convalescent Hospital for Men as in this Act set forth.(2) As soon as practicable after the day appointed and notified under section 2 (2) of the Walker Trusts (Amendment) Act 1983, the Treasurer shall close the separate trust account established under subsection (1) (b) and shall transfer the balance of the account to the Foundation.s 4: Am 1983 No 207, Sch 1 (2).
5 Vesting of land in First Schedule
Upon the commencement of this Act the lands in the First Schedule to this Act described shall without any assurance in the law immediately become divested from the trustee of the will of Dame Eadith Campbell Walker deceased and shall become vested in His Majesty together with all rights easements and privileges thereto appurtenant.
6 Discharge of trusts affecting land in First Schedule
All the trusts, conditions, covenants, easements, charges and encumbrances to which the said lands so vested in His Majesty are subject immediately before the commencement of this Act are hereby discharged and annulled by the operation of this Act but only in so far as the same affect the said land so vested.
7 Entries in the register book
The Registrar-General shall on all Crown grants, certificates of title and other instruments evidencing title to such of the lands described in the First Schedule to this Act as are under the provisions of the Real Property Act 1900, make such entries as may be necessary to give effect to this Act.
8 Dedication of lands in First Schedule
The said lands in the preceding section referred to shall as from the day on which they become vested in His Majesty be deemed to have become and to be Crown lands and to be dedicated for the purposes of the Dame Eadith Walker Convalescent Hospital for Men in accordance with the provisions of section twenty-four of the Crown Lands Consolidation Act 1913, but it shall not be necessary to lay before the Houses of Parliament any abstract of such dedication.
9 Dame Eadith Walker Convalescent Hospital for Men
(1) Upon the vesting of the land in the First Schedule to this Act described in His Majesty the Governor shall:(a) out of money standing to the credit of the trust account kept as referred to in section 4 and out of such moneys as may be appropriated by Parliament for that purpose adapt the buildings now erected upon the land in section five of this Act mentioned and erect such other buildings as the Governor shall think necessary or proper for the purposes of the convalescent hospital for men to be called the Dame Eadith Walker Convalescent Hospital for Men,(b) maintain the upkeep of such lands and supply such buildings with such equipment as may be proper and necessary for the purposes of The Dame Eadith Walker Convalescent Hospital for Men.(2) (Repealed)s 9: Am 1983 No 207, Sch 1 (3); 1997 No 154, Sch 6.49 [1].
9A Dame Eadith Walker Hospital
(1) On the commencement of this section:(a) the Dame Eadith Walker Convalescent Hospital for Men is renamed the Dame Eadith Walker Hospital, and(b) a reference in any Act or instrument to the Dame Eadith Walker Convalescent Hospital for Men is to be construed as a reference to the Dame Eadith Walker Hospital.(2) Despite the other provisions of this Act, the Dame Eadith Walker Hospital may be used for the purpose of the provision of public health services for any person.(3) The Minister must, after considering the amount of funds paid to the Sydney Local Health District under section 11 (e) (ii) and such other matters as the Minister thinks fit, allocate out of funds available to the Government such additional funds (if any) as the Minister considers appropriate.s 9A: Ins 1997 No 117, Sch 1 [1]. Am 2011 No 4, Sch 2.35 [1].
10 Further appropriation of part of charitable fund
The trustee of the will and codicil of Thomas Walker deceased shall upon the commencement of this Act out of the charitable fund appropriate the sum of ten thousand pounds and pay such sum to the Prince Albert Memorial Hospital, Tenterfield, to be applied in the manner following: As to a sum not exceeding five thousand pounds in the construction and equipment of a maternity ward to be known as “The Thomas Walker Maternity Ward”, and as to the balance of the sum of ten thousand pounds to invest the same and to apply the income derived therefrom for the purposes of The Thomas Walker Maternity Ward.
11 Trusts of charitable fund
Subject to:(a) the appropriation thereout of the said sum of one hundred thousand pounds as in section four of this Act mentioned,(b) the appropriation thereout of the sum of ten thousand pounds as in section ten of this Act mentioned,(c) the retention thereout of such sums as may be necessary to recoup the trustee of the will and codicil of Thomas Walker deceased all expenditure incurred in the care, upkeep and maintenance of the lands in the Schedules to this Act described and the buildings thereon erected from the third day of March one thousand nine hundred and thirty-eight until the commencement of this Act,(d) the retention thereout of such sums as may be necessary to defray the costs and expenses incurred by such trustee of and incidental to the preparation of this Act and its submission to Parliament and of and incidental to the carrying into effect the provisions of this Act other than the costs of administering the balance of the charitable fund as hereinafter in this section provided,the trustee of the will and codicil of Thomas Walker deceased shall hold the balance of the capital and accrued income of the charitable fund in the hands of the trustee of the will and codicil of Thomas Walker deceased at the commencement of this Act upon a perpetual trust to divide the net income thereof remaining after payment of the costs and expenses of administering such fund (including trustee’s commission) into three equal parts and:(e) the retention thereout of such sums as may be necessary to defray the costs and expenses of the administration of the trusts of such will and codicil (including trustee’s commission) as are properly chargeable to the capital of the charitable fund,(i) to pay and apply two equal parts thereof or such portion thereof as such trustee shall deem proper for the support and maintenance of the Thomas Walker Convalescent Hospital and the Yaralla Cottages in such proportions as such trustee shall think fit,(ii) to pay and apply one equal part thereof or any such portion thereof as such trustee may deem proper for the support and maintenance of the Dame Eadith Walker Convalescent Hospital for Men,(iii) at the end of each year after the commencement of this Act to divide such portion of such annual income as shall not have been paid and applied for the purposes mentioned in paragraphs (i) and (ii) of this section equally between the Royal Alexandra Hospital for Children and the Royal Prince Alfred Hospital:Provided that notwithstanding anything in this section contained the trustee of the will and codicil of Thomas Walker deceased may from time to time pay to the Thomas Walker Convalescent Hospital or the Yaralla Cottages Trust such amount out of the capital of such balance of the charitable fund as such trustee may think fit for any of the purposes mentioned in section eighteen of this Act.The trustee of the will of Thomas Walker deceased shall before the thirty-first day of March of each year beginning with the year one thousand nine hundred and forty, lodge with the Auditor-General a Capital Account and a Revenue and Expenditure Account of the trust declared by this section made up to the preceding thirty-first day of December.
12 Powers of trustee of will of Thomas Walker
The trustee of the will and codicil of Thomas Walker deceased shall be deemed at all times before the day appointed and notified under section 2 (2) of the Walker Trusts (Amendment) Act 1983, to have been the trustees of the Thomas Walker Convalescent Hospital and to have had power to conduct, maintain and manage the said Thomas Walker Convalescent Hospital and the investments and funds thereof and to apply for the purposes of the said hospital all or any of the capital and the income of the capital of the sum of one hundred thousand pounds appropriated by them out of the estate of the said Thomas Walker deceased as mentioned in the preamble to this Act for the erection, establishment and maintenance of the said hospital and all moneys received by them from any other source whatsoever.s 12: Am 1983 No 207, Sch 1 (4).
13 Constitution of certain bodies corporate
(1) Subject to subsection (6), from and after the commencement of this Act the trustees for the time being of the Thomas Walker Convalescent Hospital and the trustee of the Yaralla Cottages shall respectively be bodies corporate by the respective names of “The Thomas Walker Convalescent Hospital” and “The Yaralla Cottages Trust.”(2) All courts, judges and persons acting judicially shall take notice of the common seal of each of those corporations.(3) Such corporations may respectively acquire, purchase, sell, mortgage, lease and hold lands, chattels and other property for the purposes of their respective trusts and for the purposes of this Act:Provided that property acquired by gift inter vivos or by will by either of the said corporations shall be administered and appropriated in the manner and for the purposes (if any) expressed by the donors.(4) Such bodies corporate shall respectively manage and govern the respective charitable trusts whereof they are trustees and may make by-laws not inconsistent with the provisions of this Act for the control and management of their respective trusts and of all officers, servants, visitors, patients and inmates.(5) So long as the Perpetual Trustee Company (Limited) is a member of a body corporate by this Act created it shall be entitled to payment out of the income of such body corporate of such income commission as would be payable to it if it were the trustee administering the trust administered by such body corporate.(6) The body corporate named The Thomas Walker Convalescent Hospital is hereby dissolved.s 13: Am 1983 No 207, Sch 1 (5).
14 Vesting in the Thomas Walker Convalescent Hospital
(1) All land and other property vested in or held by the trustee of the will and codicil of Thomas Walker deceased in trust for the Thomas Walker Convalescent Hospital immediately prior to the commencement of this Act shall vest in the body corporate named The Thomas Walker Convalescent Hospital for all the estate and interest therein previously held by the trustee of the will and codicil of Thomas Walker deceased and, until dissolved, the body corporate shall be entitled to all the powers, authorities and discretions and be subject to all the trusts and obligations respectively to which the trustee of the will and codicil of Thomas Walker deceased was for the purposes of such hospital entitled or subject immediately prior to the commencement of this Act.(2) The Thomas Walker Convalescent Hospital shall be deemed always to have had power under the trusts and obligations referred to in subsection (1) to agree to, and allow, the occupation of the Thomas Walker Convalescent Hospital by another person or body and to allow that hospital to be conducted as an adolescent convalescent and rehabilitation unit.s 14: Am 1983 No 207, Sch 1 (6).
15 Vesting in the Yaralla Cottages Trust
All land and other property vested in or held by the trustee of the Yaralla Cottages immediately prior to the commencement of this Act shall vest in the body corporate named The Yaralla Cottages Trust created by this Act for all the estate and interest therein previously held by the trustee of the Yaralla Cottages therein and the body corporate shall be entitled to all the powers authorities and discretions and be subject to all the trusts and obligations respectively to which the trustee of the Yaralla Cottages was entitled or subject immediately prior to the commencement of this Act.
16 (Repealed)
s 16: Rep 1997 No 154, Sch 6.49 [2].
17 Investment
The trustee of the will and codicil of Thomas Walker deceased, The Thomas Walker Convalescent Hospital (until dissolved) and The Yaralla Cottages Trust shall respectively have power to invest any of the moneys held by them respectively for the purposes of their respective trusts in this Act mentioned in investments for the time being authorised by law for trust funds and the investments authorised by their respective trusts and also in the purchase of shares or debentures of public companies whether carrying on business in the State of New South Wales or elsewhere (not being companies carrying on the business of mining only) and shall have power from time to time to vary any investment thereof.s 17: Am 1983 No 207, Sch 1 (7).
18 Powers of bodies corporate
The Thomas Walker Convalescent Hospital (until dissolved) and The Yaralla Cottages Trust shall respectively have power in their respective uncontrolled discretions in relation to their said respective trust properties to add to, repair, reinstate, alter, remodel or demolish any existing buildings or erections upon the respective trust premises and also in their respective uncontrolled discretions to erect any additional buildings thereon which they respectively in regard to their respective trusts may from time to time deem necessary and for such purposes in their respective uncontrolled discretions to use any portion of either the capital or the income of their respective trust funds.s 18: Am 1983 No 207, Sch 1 (7).
18A Transfer 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).
18B Foundation to maintain hospital as adolescent convalescent and rehabilitation unit
(1) On and from the day appointed and notified under section 2 (2) of the Walker Trusts (Amendment) Act 1983, the Foundation shall:(a) hold and maintain the land forming part of the property referred to in section 18A (1) for the purposes of an adolescent convalescent and rehabilitation unit called the Thomas Walker Convalescent Hospital, and(b) maintain the buildings on the land or erect and maintain such new buildings as may be proper and necessary, and supply those buildings with such equipment as may be proper and necessary, for the purposes of the Thomas Walker Convalescent Hospital.(2) The Foundation shall keep a separate account in respect of all money received by it pursuant to section 18A and paid into the New South Wales Health Foundation Fund in accordance with the Health Administration Act 1982, and money standing to the credit of that account shall, notwithstanding section 19 (3) of that Act, be applied only towards the payment of charges, costs and expenses incurred by the Foundation as a consequence of the enactment of section 18A or in connection with the control, management or administration of the Thomas Walker Convalescent Hospital.s 18B: Ins 1983 No 207, Sch 1 (8).
19 Control and management
After the establishment and equipment of the Dame Eadith Walker Convalescent Hospital for Men as provided for in section nine of this Act the Royal Prince Alfred Hospital shall control, manage and administer the Dame Eadith Walker Convalescent Hospital for Men:Provided however that the Governor may from time to time appoint such other persons or corporation as he may determine to control, manage and administer the Dame Eadith Walker Convalescent Hospital for Men.
19A Control and management of the Thomas Walker Convalescent Hospital
(1) Subject to subsection (2), on and from the day appointed and notified under section 2 (2) of the Walker Trusts (Amendment) Act 1983, the Royal Prince Alfred Hospital shall control, manage and administer the Thomas Walker Convalescent Hospital.(2) The Governor may, at any time and from time to time, appoint a person or corporation in place of the Royal Prince Alfred Hospital to control, manage and administer the Thomas Walker Convalescent Hospital.s 19A: Ins 1983 No 207, Sch 1 (9).
19B Lease 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].
19C Validation
(1) The Sydney Local Health District has, and is taken always to have had, power to agree to, and to allow, the Dame Eadith Walker Convalescent Hospital for Men to be used, in respect of any person, for the public health purpose of renal dialysis and ancillary purposes.(2) The trustee of the will and codicil of Thomas Walker deceased has, and is taken always to have had, power to pay and apply the part, or a portion of the part, of the balance of the charitable fund referred to in section 11 (ii) for the support and maintenance of the Dame Eadith Walker Convalescent Hospital for Men in its use, in respect of any person, for the purpose of renal dialysis and ancillary purposes.s 19C: Ins 1997 No 117, Sch 1 [2]. Am 2011 No 4, Sch 2.35 [3].
20 Act not to limit jurisdiction of Supreme Court
Nothing in this Act contained shall derogate from the jurisdiction of the Supreme Court of New South Wales to administer and control the charitable trusts the subject-matter of this Act.
First Schedule
(Section 3)
All that piece or parcel of land situated at Concord in the Municipality of Concord, Parish of Concord and County of Cumberland being the whole of the land comprised in certificate of title registered Volume 4819 Folio 63 but excepting thereout the four acres one rood seven and three-quarter perches of land more particularly described in the Second Schedule hereto.Second Schedule
(Section 3)
All that piece or parcel of land situate at Concord in the Parish of Concord, County of Cumberland, State of New South Wales being part of the land comprised in certificate of title registered Volume 4819 Folio 63 and containing by admeasurement 4 acres 1 rood 7¾ perches more or less Commencing at a point on the mean high water line of Parramatta River said point being the end and termination of the south-eastern side of a road one chain wide and bounded thence on part of the north-west side by the said side of the said road being lines bearing 258 degrees 36 minutes 8 chains 35½ links and 244 degrees 15 minutes 8 chains 39–3/10 links respectively to a south-eastern building line of Hospital Road Thence on the remainder of the north-west by the south-eastern building line aforesaid of Hospital Road being a line bearing 217 degrees 28 minutes 60–3/5 links Thence on the south-west by a line bearing 128 degrees 29 minutes 30 seconds 2 chains 57–57/100 links Thence on the south-east by lines bearing 64 degrees 15 minutes 7 chains 57–57/100 links and 76 degrees 47 minutes 9 chains 35 links respectively to the mean high water line of Parramatta River aforesaid And thence on the north-east by the high water line of that river bearing north-westerly to the point of commencement be the said area and dimensions all a little more or less.