Walker Trusts Act 1938

This Act may be cited as the Walker Trusts Act 1938.

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.

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.

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.

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.

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—

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.

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.

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.

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.

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.

The Registrar-General shall on all Crown grants 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.

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.

Upon the vesting of the land in the First Schedule to this Act described in His Majesty the Governor shall—

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,

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.

(Repealed)

On the commencement of this section—

the Dame Eadith Walker Convalescent Hospital for Men is renamed the Dame Eadith Walker Hospital, and

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.

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.

The Minister must, after considering the amount of funds paid to the Sydney Local Health District under section 11 (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.

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.

Subject to—

the appropriation thereout of the said sum of one hundred thousand pounds as in section four of this Act mentioned,

the appropriation thereout of the sum of ten thousand pounds as in section ten of this Act mentioned,

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,

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 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,

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—

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,

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,

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.