Saint Vincent’s Hospital Act 1912

This Act may be cited as the Saint Vincent’s Hospital Act 1912.

This Act (section 7 excepted) does not apply to or in respect of—

the land comprised in the folio of the Register kept under the Real Property Act 1900 and identified as Volume 8293 Folio 193, and

the land delineated by a plan of subdivision certified by the Minister for Health under section 4 of the Saint Vincent’s Hospital (Amendment) Act 1987 and registered under Division 3 of Part 23 of the Conveyancing Act 1919.

For the purposes of this Act the persons referred to in subsection (2) are the trustees of all land belonging to or used in connection with St Vincent’s Hospital, Darlinghurst or acquired to be used in connection with the hospital.

The trustees are as follows—

the chair of St. Vincent’s Hospital Sydney Limited (ACN 054 038 872),

the chief executive officer of St Vincent’s Health Australia Ltd (ACN 073 503 536),

the company secretary of St Vincent’s Health Australia Ltd (ACN 073 503 536),

if an office referred to in paragraphs (a)–(c) ceases to exist—the holder of an office prescribed by the regulations.

The trustees may delegate the exercise or performance of a power, authority or duty imposed or conferred on them under this Act, other than this power of delegation, to—

a member of staff of the hospital, or

a person or body, or a class of persons or bodies, prescribed by the regulations.

The land described in the First Schedule hereto upon which the said hospital and the residence for the Sisters of Charity in connection therewith was built at the commencement of this Act is hereby vested in the said trustees and their successors for an estate in fee simple upon trust for the maintenance thereon of the said hospital and for no other trusts and purposes whatsoever, but subject to the powers hereinafter contained.

(Repealed)

The land described in the Second Schedule hereto is hereby vested in the said trustees and their successors for an estate in fee simple upon trust for the benefit of the said hospital but subject to the powers hereinafter contained.

The trustees may, for any purpose of or connected with the hospital, from time to time borrow money on the security of the whole or any portion of the land described in the Second Schedule or acquired at any time by the trustees, but not land described in the First Schedule.

The trustees may, for any purpose of or connected with the hospital, from time to time lease any portion of the land described in the First or Second Schedule or acquired at any time by the trustees for a term not exceeding 40 years.

(Repealed)

The trustees may give to the lessee of any lease under subsection (1) an option of renewal if the aggregate duration of the lease and any such renewal does not exceed the maximum term for which the lease might have been granted to the lessee under that subsection.

Where land is not immediately required for use for any purpose of or connected with the hospital, the trustees may lease the land under subsection (1) for any other use.

The trustees are not required to obtain a fair market rental for a lease under subsection (1) to—

a public or local authority constituted by or under an Act, or

a university established or recognised under an Act of this State or another State or Territory or the Commonwealth, or

a registered entity within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth.

The title to that portion of the land described in the First and Second Schedules that was granted by the Crown to Alicia de Lacy, John Hubert Plunkett and Sir Charles Nicholson on 17 January 1855 upon trust for the erection of a hospital and residence for the Sisters of Charity in connection therewith shall not be held bad either at law or in equity by reason of any breach or non-performance (whether before or after the commencement of the Saint Vincent’s Hospital (Amendment) Act 1982) of any trust, condition, reservation or proviso contained in the Crown grant or in any instrument of conveyance of the land executed before the commencement of this Act, and any provision in the Crown grant or instrument for forfeiture or reverter in the event of any such breach or non-performance shall be deemed to have been released by or on behalf of the Crown as from the date of the Crown grant or instrument, as the case may be.