Protected Estates Amendment (Investment) Act 2000 (NSW)

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An Act to amend the Protected Estates Act 1983 in relation to the Protective Commissioner’s powers of investment; and for other purposes.

1Name of Act

This Act is the Protected Estates Amendment (Investment) Act 2000.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Amendment of Protected Estates Act 1983 No 179

The Protected Estates Act 1983 is amended as set out in Schedule 1.

Schedule 1Amendments

(Section 3)

[1]Section 4 Definitions

Insert in alphabetical order:

costs includes fees, charges, disbursements, expenses and remuneration.

Director-General means the Director-General of the Attorney General’s Department.

investment fund means an investment fund established under section 54.

reserve fund means a reserve fund established under section 54.

[2]Section 5 Protective Commissioner and other officers

Omit “Public Service Act 1979” from section 5 (1) and (2).

Insert instead “Public Sector Management Act 1988”.

[3]Section 5A Delegation

Insert at the end of the section:

(2)

Without limiting subsection (1), the Protective Commissioner may delegate to any suitably qualified person the Protective Commissioner’s functions in relation to investment funds.

[4]Section 5B Protective Commissioner to be corporation sole for certain purposes

Omit “section 58” from section 5B (1) (a). Insert instead “this Act”.

[5]Section 10 Witness may be cross-examined

Omit “and expenses” from section 10 (2).

[6]Section 27 Payments into trust fund

Omit “Except as provided by section 8 (5), the” from section 27 (1).

Insert instead “The”.

[7]Section 28 Disposition of money in hands of Protective Commissioner

Omit “, charges and expenses” from section 28 (1) (d).

[8]Section 28 (1) (g)

Omit the paragraph. Insert instead:

  • (g)

    the investment of money, being money not required for the time being for a purpose referred to in paragraphs (a)–(f) above:

    • (i)

      in any form of investment, or

    • (ii)

      if the Protective Commissioner is aware that the protected person prefers a particular form of investment, in the form of investment preferred by that person.

    • [9]Section 28 (1A)

    Insert after section 28 (1):

    (1A)

    The power to invest money under subsection (1) (g) (i) is to be exercised in accordance with the Trustee Act 1925.

    [10]Section 28 (2)

    Omit “The Protective Commissioner shall not invest any money comprising part of the estate of a protected person in the purchase of real estate as referred to in subsection (1), unless such a purchase”.

    Insert instead “Despite section 14DA of the Trustee Act 1925, the Protective Commissioner may purchase real estate under subsection (1) (g) (i) if it”.

    [11]Section 28 (3)

    Insert after section 28 (2):

    (3)

    For the purpose of ascertaining whether or not a protected person prefers a particular form of investment, the Protective Commissioner may have regard to the following matters:

    • (a)

      any investments made by the protected person before his or her estate became subject to management under this Act, being investments of which the Protective Commissioner is aware,

    • (b)

      any views…

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    Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.