The Uniting Church in Australia Property Trust (Victoria)

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1 The Uniting Church in Australia Property Trust (Victoria) The Uniting Church in Australia Property Trust (Victoria) (the Trust) is a statutory corporation established by The Uniting Church in Australia Act No of 1977 of the Parliament of Victoria (the Act). In Victoria and Tasmania, it has for many years been asserted that the Property Trusts are dry trusts. i.e. they act as directed by the Synod and not of their own initiative. This is consistent with the requirement set out in the Act that the trust must act in accordance with the regulations, directions and resolutions of the Assembly in dealing with trust property. The Uniting Church in Australia Property Trust (Victoria) is effectively an agent of the Church and, as such, can only take on obligations at the direction of the Church. The property held by the Trust on behalf of the Church is available to fulfil those obligations if there is a default and legal redress is pursued in the name of the Property Trust on behalf of the church. 1.1 Membership Membership of the Trust is prescribed by the provisions of the Act and the 2014 Synod elected the following members: Mr Robert Costa Mr Robert Ewing Dr Fiona Hanlon Mr Peter Hunter Rev David Parker (Chairperson) Members ex-officio of the Trust have been: Moderator General Secretary Property Officer Mr Dan Wootton Rev Dr Mark Lawrence Mr Jim Milne Members of the Trust who did not stand for re-election at Synod 2014: Rev John Mann Dr Fiona Hanlon resigned effective from the end of the December 2015 meeting and Mr Peter Hunter is not standing for re-election. The Property Trust greatly appreciates the contributions that each of these people have made during their terms as members of the Trust Also attending meetings of the Trust have been: Synod Legal Counsel Synod Solicitor Mr Peter Shepherd Mr Robert Turner Property Trust (Victoria) report to June 2016 Synod Section B5.1 B5.1.1

2 1.2 Meetings The Trust is one of two legal entities of the Synod in which church property is vested [the other being The Uniting Church in Australia Property Trust (Tas.)]. The Trust meets monthly to consider a broad range of issues that involve the management of, and legal responsibility for, all Victorian church property, trusts and bequests. Matters referred to the Trust are generally on the recommendation of the Synod Property Board which considers policy and legal governance referred by the full spectrum of church entities from congregations to agencies, church schools and colleges. Meetings, usually weekly, are held in the Melbourne office to process and authorise the sealing of all related documentation. 2 REPORT ON ACTIVITIES 2.1 Common Seal During the period 1 June 2014 to 29 February 2016, 78 Property Trust sealing meetings were held and the seal was affixed to 369 documents. 2.2 Documents for Signature During the period 1 June 2014 to 29 February 2016, the Property Officer/Secretary signed 1,427 documents and/or contracts not required to be sealed. 2.3 Bequests In October 2012, the Standing Committee at its meeting resolved ( ) (d) To request the Property Board to oversee the immediate implementation of and audit and governance protocols for the UCA Property Trust (Victoria) and UCA Property Trust (Tas.) in respect of the management and oversight of all bequests and trust funds of which the Trusts are responsible. Progress continues with the implementation of the Trusts and Bequests Program. It has been established that the two incorporated Property Trusts are collectively the trustee of approximately 686 trusts, 600 of which have combined assets of over $124 million. The oldest trust was established by a Will dated 24 October Neither the original nor copy trust instrument is held for a number of trusts, but a document collection process is underway to obtain them. As at 1 March 2016, 17 cy près applications have been made to the Victorian Attorney-General for alterations of trust terms and 11 Sanctions have been granted which have resulted in over $1.9m being made available for use in accordance with the relevant sanction. 2.4 UCA Funds Management Part of UCA Funds Management s strategy is to upgrade its Australian Financial Services Licence with the Australian Securities and Investments Commission to become a Responsible Entity. This led to the establishment of a working group between the Property Board and the Funds Management Board to work through various issues pertaining to change of trusteeship, fees, asset allocation and the Property Trust Guarantee. Property Trust (Victoria) report to June 2016 Synod Section B5.1 B5.1.2

3 Joint legal advice received from two QC s confirmed that the Property Trust was not legally empowered to provide a Guarantee from 1995 or to execute the Guarantee dated 5 August Standing Committee was advised of this on 24 June 2015 and investors were advised shortly afterwards. 2.5 Schools Land Issues There is a major issue being managed in relation to the land of former Presbyterian schools which dates back to Union. There are also issues in relation to the ability to transfer land to any school, transfer of trusteeship to third parties and a number of trustee issues. The Property Board through the Schools Working Group is working with schools and with the Synod legal team to resolve these complex issues and to establish what steps now need to be taken to commence seeking a legislative amendment to the UCA Act, which is advised as being the only way forward with regard to the identified issues. DAVID PARKER Chairperson JIM MILNE Property Officer/Secretary Property Trust (Victoria) report to June 2016 Synod Section B5.1 B5.1.3

4 BEQUEST REPORT APPENDIX A Aged Care Higginbotham R E $20, Jones J H $21, Childcare Simpson T E $47, Congregation Elford D G Murrumbeena UC $1,700, Lauqher l B Western Heights UC $173, General Adams D J $10, Blackwell L G $18, Box P L $1, Cox I W $ Pericles DM $150, Pratt M L $1,922, Richardson H L $3, Surridge R G $58, Wrench D H $1, International Mission Townrow F $53.76 SHARE Ambler O $250, Ambler O $10, Bate E M $5, Bradshaw G E $10, Bradshaw GE $10, Brain P H $100, Davies E J $20, Edgcumbe C J $ Heath H G $10, Hewitt T G $5, Hubbard S A $111, Lothian L A $2, Sayers R $2, Property Trust (Victoria) report to June 2016 Synod Section B5.1 B5.1.4

5 BEQUEST REPORT (continued) APPENDIX A Social Services Laught J M $1, Pickard AJ $24, Theological Training McIntosh J M $1,410, $6,102, Property Trust (Victoria) report to June 2016 Synod Section B5.1 B5.1.5