Spicer Cottages Trust (Miscellaneous) Amendment Bill

Second Reading

The Hon. J.K. SZAKACS (Cheltenham—Minister for Trade and Investment, Minister for Industry, Innovation and Science, Minister for Local Government, Minister for Veterans' Affairs) (22:11): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

Mr Speaker, I am pleased to introduce the Spicer Cottages Trust (Miscellaneous) Amendment Bill 2025.

The Spicer Cottages Trust was established in 1897 by Edward Spicer to make provision for housing for widows of religious ministers and supernumerary ministers in the Methodist Church. The Trust was initially established in connection with the Methodist Church in South Australia, now the Uniting Church.

The Spicer Cottages Trust Act 1934-1938, which was enacted so that the trustees could become a body corporate, was later repealed and replaced by the Spicer Cottages Trust Act 1978 to remove obsolete provisions and consolidate the provisions of the Trust into one Declaration of Trust.

Until recently, the activities of the Trust involved holding and maintaining a series of cottages and residential properties for the purposes of the Trust.

However, in 2021, the Trust sold its properties to the Adelaide Benevolent Society, conditional on the existing Trust tenants being entitled to remain as tenants in their current dwellings as long as they remain able to live independently. The Trust is therefore no longer a property owner or landlord, and has advised that there are currently no ministers or spouses requiring accommodation.

As such, the Trust now wishes to support the community in other ways and has an interest in affordable housing and other general requirements such as education, health care and other family support. To do so, the Trust has sought to amend the Act to allow for additional operational flexibility for the management and distribution of the Trust's funds to benefit people in need. Amendments will also be made to enhance the administration and effectiveness of the Trust.

The Bill will:

expand the objects of the Trust to include to provide assistance to persons in poor, needy or difficult circumstances through the provision or assistance in the provision of affordable housing, or the provision of assistance with obtaining an education or training, health or allied health services, or other support services;

insert various provisions in the Act to allow the Trust more flexibility in receiving and managing its funds and other property or assets;

update the Trust's administrative processes by allowing for a notice for a meeting of the Trust to be sent by post or email, for meetings of the Trust to be conducted via telephone or video conference, and for a resolution to be made by the Trust where notice of the proposed resolution has been given to all members and agreed by a majority of the members by email;

change the membership requirements of the Trust by allowing membership of up to 8 members, of whom at least 2 must be members of the Uniting Church in Australia or of any church formed by a union of the Uniting Church with another church, and to allow a member to be appointed by a resolution of the Trust;

insert a provision to provide that, where the Trust consists of fewer than 4 members, the South Australian Synod of the Uniting Church in Australia may, by resolution, appoint a person as a member of the Trust;

insert a provision that the Act is in addition to, and does not derogate from the Trustee Act 1936; and

make other technical changes and updates to the language of the Act.

Mr Speaker, I commend the Bill to the House and seek leave to insert the Explanation of Clauses into Hansard without my reading it.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Spicer Cottages Trust Act 1978

3—Amendment of section 4—The Trust

This clause amends section 4 of the Act, such that the Trust will now consist of up to 8 members, of whom at least 2 must be members of the Uniting Church in Australia, or of any Church formed by a union of that church with another church.

4—Insertion of section 5

This clause inserts a new section 5 into the Act.

5—Interaction with other Acts

Proposed section 5 provides that the Act is in addition to, and does not derogate from, the Trustee Act 1936.

5—Repeal of First Schedule

This clause repeals the First Schedule, consequential to the amendment to section 4 of the Act.

6—Amendment of Second Schedule—Declaration of Trust

This clause makes various changes to the Second Schedule, including expanding the objects of the Trust, expanding the ways in which the Trust may manage and apply its funds, providing for communication by email as well as by post, allowing for telephone or electronic conferences to be considered meetings of the Trust, providing for mechanisms for the appointment of members to the Trust, and modernising some of the language used throughout the Schedule.

Schedule 1—Transitional provision

1—Trust membership

This clause ensures continuity for the current membership of the Trust despite the changes made to section 4 of the Act.

Mr TEAGUE (Heysen—Deputy Leader of the Opposition) (22:12): I indicate that I am the lead speaker for the opposition and that the opposition supports the bill. As I think has been foreshadowed, it is a hybrid bill so it will need to go to a committee unless there is a suspension of standing orders. I do not preview what is in the government's mind in this regard but, in indicating the opposition's support, I indicate that the opposition will support the efficient passage of the bill through the house.

This is a bill that was introduced by the Attorney in another place back in May. It would amend the Spicer Cottages Trust Act 1978. The nature of the amendment is to update the structure, the objects and the administrative arrangements of the Spicer Cottages Trust. As I have indicated, it meets the criteria of the hybrid bill in that it clearly has a primary purpose and chief object to promote the interests of one or more public local bodies. Standing order 268 goes on to provide that hybrid bills are referred to a select committee. I anticipate that the government will seek to suspend standing orders to allow the bill to proceed without it being referred to a select committee, and I would indicate the opposition's support for that.

The trust was originally established to provide housing for widows of religious ministers in the Methodist Church, later the Uniting Church. Since it has divested, I understand, its residential property holdings in 2021, the trust no longer functions as a landlord and seeks greater flexibility to apply its funds for broader charitable purposes. The bill, in order to facilitate that, would amend section 4 of the act to allow for a maximum of eight trust members, with a requirement that at least two be members of the Uniting Church in Australia or a church formed by union with it. It inserts a new section 5 to clarify that the act is intended to operate in addition to the Trustee Act 1936.

The bill would repeal schedule 1 and introduce numerous amendments to schedule 2, the declaration of the trust. These include, relevantly, expanding the trust's objects to encompass assistance to individuals in poor, needy or difficult circumstances. This assistance may be provided through the delivery or facilitation of affordable housing, education and training, health, allied health services and other relevant forms of support. The trust is given broad powers to determine how it applies its funds, including whether assistance is provided directly to individuals or indirectly through third-party organisations.

Administrative provisions will also be modernised as a result of the bill. These changes include enabling notice of meetings by post or email, allowing meetings to be held via telephone or videoconference, and permitting decisions to be made through email resolutions, where all members have been notified and the majority agree. References to 'chairman' are changed to 'chair'. Additional provisions are included to clarify a point of process for members.

Notably, the bill enables the trust to appoint new members by resolution and, in cases where the trust has fewer than four members, allows the South Australian Synod of the Uniting Church to make appointments by resolution. There is a transitional provision at schedule 1 ensuring continuity of membership by allowing existing members of the trust to remain in office, notwithstanding the structural changes to section 4. With that, I commend the bill and, as I say, I indicate the opposition's support in both respects.

Bill read a second time.

The DEPUTY SPEAKER: This bill is a hybrid bill and, in accordance with joint standing orders (private bills), it should be referred to a select committee.

Referred to Select Committee

The Hon. J.K. SZAKACS (Cheltenham—Minister for Trade and Investment, Minister for Industry, Innovation and Science, Minister for Local Government, Minister for Veterans' Affairs) (22:17): I move:

That joint standing orders (private bills) be so far suspended as to enable the bill to pass through its remaining stages without reference to a select committee.

The DEPUTY SPEAKER: As we do not have an absolute majority, ring the bells.

An absolute majority of the whole number of members being present:

Motion carried.

Third Reading

The Hon. J.K. SZAKACS (Cheltenham—Minister for Trade and Investment, Minister for Industry, Innovation and Science, Minister for Local Government, Minister for Veterans' Affairs) (22:18): I move:

That this bill be now read a third time.

Bill read a third time and passed.