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The Graythwaite Estate – Gift in Perpetuity?

Reverend the Hon. Dr Gordon Moyes: I ask the Hon. John Hatzistergos, Acting Minister for Health, the following question without notice. Was the Minister aware that the Commonwealth’s offer to the State Government to buy the Graythwaite Estate was declined? Was the Minister aware that instead of accepting the offer, the Department of Health has turned the property over to a real estate agent to market internationally? Will the Minister act urgently to accept the Commonwealth’s offer so we will not lose this beautiful environmental and heritage treasure honouring our shared national experience and identity after Gallipoli? Will the Acting Minister for Health consult as to why he should do this with the very knowledgeable Attorney General?

The Hon. John Hatzistergos: The honourable member has very accurately described me; I am very knowledgeable. It is good to have that independently acknowledged by such an authority as Reverend the Hon. Dr Gordon Moyes. The honourable member will be aware that Graythwaite is not owned by the New South Wales Government, contrary to attempts by many people to suggest otherwise. It is the subject of a charitable trust. That charitable trust does not give the New South Wales Government as trustee the kind of freedom that would otherwise be enjoyed by a property owner. So, very severe restrictions are required to be observed. They have been laid down not only in the charitable trust document but also in the decision that has been handed down by the Supreme Court of New South Wales. So, this is not just a case of the Government being in a position to be able to pick and choose between all those who might otherwise be interested in acquiring the site. It is a process that requires the New South Wales Government, as the trustee, to observe the terms of the charitable trust as determined by the Supreme Court of New South Wales and to be accountable for that obligation. In my other capacity, it is my responsibility to ensure that that charitable trust is observed.

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