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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-02-17 Daily Xml
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KAPUNDA HOSPITAL (VARIATION OF TRUST) BILL

Second Reading

Adjourned debate on second reading.

(Continued from 4 February 2009. Page 1192.)

The Hon. S.G. WADE (17:47): I will speak briefly to indicate the opposition's support for this bill. Given the nature and content of the bill, I will not speak at length. Its purpose is to address an innocent oversight by the Eudunda and Kapunda health service, now the Eudunda Kapunda Health Advisory Council. The Health Advisory Council is a trustee of the 1877 trust deed in respect of the Kapunda Hospital, a trust deed that stated that any current or future buildings on the land covered by the deed can only be used as a hospital or as a purpose of the hospital. Unfortunately, the health service as it was then, did not adequately investigate the provisions of the trust when, in 2005, it entered into an agreement whereby Child Care Services Australia would utilise an unused portion of the trust land to establish a child-care centre.

The creation of the child-care centre has been beneficial to the hospital and its staff by providing a nearby child-care facility. However, whilst it was beneficial, it was not in accord with the provisions of the trust, and this was identified in 2006. The government advised that as the child- care centre was in breach of the trust provisions, the centre would be required to close down unless the trust deed was varied by legislation.

The minister in another place said that the government considered that, given that Child Care Services Australia had entered into the agreement and established the child-care facility in good faith, it would seem unfair to disadvantage the entity for what was essentially a failure of the Eudunda and Kapunda health service. Accordingly, the parliament has this piece of legislation before it to amend the trust deed so that the trustee, with the approval of the minister, may permit land not used by the hospital to be used for other purposes, which in this case will be the provision of child-care services.

The opposition agrees with the government's approach on this issue. We consider that, as the child-care services are beneficial to the hospital, and as the agreement was entered into in good faith, Child Care Services Australia should not be penalised and the trust should be amended. We therefore support the bill and look forward to its passage through the remaining stages.

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister Assisting the Minister for Transport, Infrastructure and Energy) (17:50): Other members have indicated that they do not wish to speak on this bill, which is a straight-forward administrative matter dealing with an oversight in relation to a trust deed and the provision of a child-care centre on the site. I look forward to this matter being dealt with expeditiously through committee.

Bill read a second time and taken through its remaining stages.

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