King George v and Queen Mary Maternal and Infant Welfare Foundation Act 1937 (NSW)

KING GEORGE V AND QUEEN

MARY MATERNAL AND INFANT

W E L F A R E FOUNDATION ACT.

Act No. 8, 1937.

An Act to constitute a corporation to be called the Trustees of the King George V and Queen Mary Maternal and Infant Welfare Foundation; to provide for the transfer to that corporation of certain sums of money and for the application of the sums of money so transferred; to amend the Trus­ tees Audit Act, 1912; and for purposes connected therewith. [Assented to, 7th October, 1937.]

WH E R E A S during the year one thousand nine hundred and thirty-five an appeal for funds "was	made to the public for the purpose of marking the Jubilee
of King George V and Queen Mary, the fund to be known
as the King George V and Queen Mary Maternal and Infant Welfare Fund, and as the result of such appeal the sum of eight thousand three hundred and fifty-six; pounds one shilling and five pence is now held, and whereas the Government of the Commonwealth of Aus­ tralia has granted the sum of fourteen thousand pounds and the Government of the State of New South Wales has granted the sum of ten thousand pounds towards the fund, and whereas it is expedient in order that the fund may be applied to the purpose for which it was subscribed and otherwise made available, namely, maternal and infant welfare, that the said sums of money should be transferred to and vested in a body corporate with the powers

powers, authorities, duties and functions in this Act con­ tained : B E it therefore enacted by the King's Most Excel­ lent Majesty, by and with the advice and consent of the

Legislative Council and Legislative Assembly of New
South Wales in Parliament assembled, and by the author­

ity of the same, as follows :—

This Act may be cited as the " K i n g George V and Queen Mary Maternal and Infant Welfare Foundation

1.

Act, 1937."

2 . In this Act, unless the context or subject matter otherwise indicates or requires,—

"Appointed member" means member of the Founda­ tion appointed by the Governor.

"Ex-officio member" means member of the Founda­ tion holding one of the offices referred to in sub­

section two of section four of this Act.

"Foundation" means the Trustees of the King

George V and Queen Mary Maternal and Infant
Welfare Foundation.

" F u n d " means the sums of money mentioned in the Preamble to this Act.

"Member" means member of the Foundation.

3 . (1) There shall be constituted a Foundation which

shall carry into effect the objects and purposes of this

Act, and shall have and may exercise and perform the

powers, authorities, duties and functions conferred or

imposed upon the Foundation by or under this Act.

(2) The Foundation shall be a body corporate with perpetual succession and a common seal, and shall, for the purposes and subject to the provisions of this Act,

be capable of purchasing, holding, granting, demising,

disposing of or otherwise dealing with real and personal property and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer.

(3) The corporate name of the Foundation shall

be the "Trustees of the King George V and Queen Mary

Maternal and Infant Welfare Foundation."

4 . (1) The Foundation shall consist of seven members of whom three shall be ex-officio members, and four shall

be appointed members.

(2) The ex-officio members shall be the persons who

for the time being, hold the following offices, namely:—

(a) the Director-General of Public Health;

(b) the Professor of Obstetrics at the University of

Sydney;

(c) the Lecturer in Gynaecology at the University of

Sydney.

(3) (a) The appointed members shall be appointed

by the Governor b y notification published in the Gazette.

(b) Of the appointed members—

(i)   one shall be a member of the Hospitals Commis­ sion of New South Wales, and shall be appointed on the nomination of that Commission;

(ii)   three (two of whom shall be women) shall be appointed on the nomination of the Minister.

(4) The person for the time being holding the office of Director-General of Public Health shall be the chair­
man of the Foundation.

5 . A member shall not b e entitled to receive any

salary, fee, alloAvance or remuneration for his services
as a member.

6 . The provisions of the Public Service Act, 1902, or

of any Act amending t h a t Act, shall not apply to or in
respect of the appointment of any appointed member,

and an appointed member shall n o t be subject to the pro­	visions of any such Act during his term of office.
7. The office of an appointed member shall become vacant if the member appointed thereto—

(a) dies; or

(b)	resigns his office by notice in writing addressed to the Governor; or
(c)	becomes an insane person or patient or an in­ capable person within the meaning of the

Lunacy Act of 1898; or

(d)

(d) is absent without the leave of the Foundation from four consecutive ordinary meetings of the Foundation; or

(e) is removed from office by the Governor; or

(f) being a member of the Hospitals Commission of New South Wales ceases to hold office as such.

8 . The Governor may, for any cause which appears

to him to be sufficient, remove any appointed member
from office.

9. (1) No act or proceeding of the Foundation shall

be invalidated or prejudiced by reason only of the fact
that, at the time when such act or proceeding was done, taken or commenced, there was a vacancy in the office of any member.
(2) The procedure for the calling of meetings of the Foundation and for the conduct of business at such meetings shall, subject to any by-laws in relation thereto,

be as determined by the Foundation.
(3) The by-laws shall fix the number of members

who shall form a quorum at any meeting of the Founda­
tion.

(4) Any meeting of the Foundation at which a quorum is present shall be competent to transact any business of the Foundation, and shall have all the powers and authority by this Act conferred upon the Foundation.

(5) At any meeting of the Foundation the chair­ man, if present, shall preside.

I f the chairman is absent from any meeting the mem­

bers present shall elect one of their number to preside
at the meeting.

(6) At any meeting of the Foundation the decision of a majority of the members present shall be the decision of the Foundation.

I f at any meeting of the Foundation the members present are equally divided in opinion on any matter, the matter shall be decided on the casting vote of the chairman or of the member presiding at the meeting as the case may be.

1 0 . (1) The fund is hereby vested in the Foundation

and shall be transferred by the persons who immediately

before the commencement of this Act hold the moneys

comprising the same to the account of the Foundation at
a bank or banks to be nominated by the Foundation.
The receipt of the bank shall be a good discharge for the amount of the moneys expressed therein to be
received.

(2) The Foundation shall invest the fund, to­

gether with any further moneys or securities which may hereafter be acquired by it, in any of the securities authorised by or under the Trustee Act, 1925.

(3) The Foundation may in its discretion invest

any income arising from investments and which may be unexpended for the purposes of this Act, in any of the securities authorised by or under the Trustee Act, 1925.

1 1 . (1) The Foundation shall have power to acquire

by gift, bequest or devise, any property for any of the
purposes of this Act and to agree to the condition of any

such gift, bequest or devise.

(2) The rule of law relating to perpetuities shall

not apply to any condition of a gift, bequest or devise to

which the Foundation has agreed.

1 2 . The Foundation shall hold the fund and any

property which shall after the commencement of this

Act be acquired by it upon trust to apply the income

therefrom in the work of investigation and research into the causes and treatment of maternal and neonatal mor­ bidity and mortality and for the encouragement of research and post-graduate teaching in relation to

maternal and neonatal welfare.

1 3 . The Trustees Audit Act, 1912, is amended by inserting at the end of Schedule Two the following para­ graph :—

The accounts of the Trustees of the King George V

and Queen Mary Maternal and Infant Welfare
Foundation.

(1) The Foundation may make by-laws not incon­ sistent with this Act prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for

1 4 .

carrying this Act into effect. (2)

(2) Without prejudice to the generality of the

power conferred by subsection one of this section the

Foundation may make by-laws—

(a)	regulating the conduct of proceedings at meet­ ings of the Foundation, including the times and places of meetings;
(b)	fixing the number of members who shall form

a quorum at any meeting of the Foundation;

(c) prescribing the circumstances in which and the terms and conditions upon which the income of the fund will be applied for the purposes referred to in -section twelve of this Act.

(3) The by-laws shall—

(a) be submitted to the Governor for his approval;

(b) after approval be published in the Gazette;

(c) take effect from the date of publication or from

a later date to be specified in the by-laws;

(d) be laid before both Houses of Parliament within fourteen sitting days after publication if Parlia­ ment is then in session, and if not, then within fourteen sitting days after the commencement

of the next session.

I f either House of Parliament passes a reso­ lution of which notice has been given at any time within fifteen sitting days after the by-laws have been laid before such House disallowing any by-law or part thereof, such by-law or part shall thereupon cease to have effect.

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