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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2020-04-28 Daily Xml
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The Wyatt Benevolent Institution Incorporated (Objects) Amendment Bill

Second Reading

The Hon. R.I. LUCAS (Treasurer) (17:11): 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.

I am pleased to introduce the Wyatt Benevolent Institution Incorporated (Objects) Amendment Bill 2020.

The Wyatt Benevolent Institution Incorporated is a significant philanthropic and charitable organisation providing assistance to thousands of needy South Australians each year.

The Institution was founded in 1881 with the objects of carrying out the trusts of the will of Dr William Wyatt. In 1935 the Institution was continued through enactment of the Wyatt Benevolent Institution Incorporation Act 1935 to provide for its ongoing incorporation and to make provision for the administration of the Institution.

However, the qualifications contained in the objects of the Actand Wyatt Trust reflect the circumstances of the 19th century and have caused difficulties for the Institution. The objects refer to assisting 'persons above the labouring class' and persons of 'good moral character.' Delineating people by class and making subjective judgments of character in order to decide whether to provide assistance are not in keeping with contemporary values and standards.

The Institution requested that amendments be made to modernise the Act and to ensure that it can maintain its deductible gift recipient status for the purpose of the Commonwealth Income Tax Assessment Act 1997.

The Bill broadens the objects of the Act so that it applies to all people in poor and needy circumstances and removes the out-of-date references to class and moral character. It provides greater flexibility to the Institution in managing its funds and making grants.

The Institution has four priority areas of employment, education, financial wellbeing and housing. In the 2018 financial year the Institution made grants of $3.4 million, partnering with more than 80 partner groups to deliver support and assistance to over 5,000 individuals. The Institution has granted over $50m in funds over its history.

The amendments in this Bill will enable the Institution to continue to assist many disadvantaged South Australians.

Mr President, I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary 1—Short title 2—Amendment provisions

These clauses are formal.

Part 2—Amendment of The Wyatt Benevolent Institution Incorporated Act 1935

3—Substitution of sections 2 to 8

This clause substitutes sections 2 to 8 of the Act. Section 2 is the interpretation section of the Act and includes newly defined terms.

Section 3 provides for the objects of the Institution and the manner by which those objects may be achieved. Section 3 also includes a transitional provision which states that money or funds held by the Institution before the commencement of this measure may be applied for the purposes of the objects provided in this measure, despite the fact that such an application may be inconsistent with the previous objects of the Institution.

Section 4 provides for the continuation of the Institution as a body corporate. Section 5 outlines the functions and powers of the Institution. Section 6 outlines certain financial provisions, including that the assets and income of the Institution may only be applied to further the objects provided in this measure.

4—Substitution of section 16

This section substitutes section 16 of the Act and inserts sections 17, 18 and 19. Section 16 states that an act or proceeding of the Institution is not invalid only by reason of a vacancy or defect in membership, or the fact that the act or proceeding was executed prior to the commencement of this measure. Section 17 disapplies the Subordinate Legislation Act 1978 to certain regulations made under the Act. Section 18 provides for the interaction of the Act with the Trustee Act 1936. Section 19 provides a regulation making power for the Governor in relation to the Act.

The Hon. K.J. MAHER (Leader of the Opposition) (17:11): I rise to indicate the opposition's support for this bill. As it is more commonly known, the Wyatt Trust is one of the oldest benevolent institutions in South Australia, with its incorporation in 1881. It is a charitable trust whose work predates both world wars and even the federation of Australia. Around 50 years after its formation, in 1935, the Wyatt Trust was enshrined in an act of parliament, which places it in a small group of non-government organisations that are recognised under statute.

The trust has undergone changes as the community has changed to ensure it provides assistance where it can make the biggest difference. This act changes and updates the objects so that there is no doubt that the trust can assist a wider range of people, including those who may have committed offences. It removes reference to things like 'good moral character', which would exclude people from assistance.

The bequest of Dr Wyatt was valued at the time of his death at approximately £50,000. Last year, the trust distributed nearly $3½ million in grants, and it recently celebrated the milestone of contributing a total of $50 million in grants to South Australia. Currently, it has approximately $100 million and the prudent management of this capital allows the earnings to support locals in need.

Today, the Wyatt Trust focuses on four priority areas: increasing employment opportunities, improving the retention of young people in education, promoting financial wellbeing and providing appropriate, sustainable housing options. I commend the bill to this chamber and indicate that the Labor opposition supports it.

The Hon. C. BONAROS (17:13): For the record, if it assists, we will also be supporting this bill.

The Hon. R.I. LUCAS (Treasurer) (17:13): I thank honourable members for their contributions and indications of support for the bill.

Bill read a second time.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. R.I. LUCAS (Treasurer) (17:15): I move:

That this bill be now read a third time.

Bill read a third time and passed.


At 17.16 the council adjourned until Wednesday 29 April 2020 at 14:15.

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