Public Trustee and Guardian Act 1985 (ACT)

Public Trustee and Guardian Act 1985

A1985-8

Republication No 34

Effective: 6 April 2022

Republication date: 6 April 2022

Last amendment made by A2022‑4

About this republication

The republished law

This is a republication of the Public Trustee and Guardian Act 1985 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 6 April 2022. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 6 April 2022.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Public Trustee and Guardian Act 1985

Contents

Page

Part 1      Preliminary
1            Name of Act  2
2            Dictionary  2
3            Notes  2
3AOffences against Act—application of Criminal Code etc 2
4            Administration Act definitions  3
Part 2      The public trustee and guardian
Division 2.1                  Administration
5            Public trustee and guardian  4
6            Deputy public trustee and guardian  4
8            Public trustee and guardian a corporation sole  4
9            Agent of public trustee and guardian  5
9A          Delegation by public trustee and guardian  5
Division 2.2                  Protection and liability of public trustee and guardian
10          Protection of public trustee and guardian etc from liability  6
11          Protection of public trustee and guardian where mistake as to death etc    7
12          Liability of public trustee and guardian  8
Part 3      Appointment of public trustee and guardian
Division 3.1                  General
13          Capacities in which public trustee and guardian may act  9
13A           Appointment as person responsible for disposal of unclaimed deceased person        10
14          Public trustee and guardian may act jointly with another person           11
15          Appointment of public trustee and guardian on order of court               12
16          Effect of appointment or election  13
Division 3.2                  Appointment of public trustee and guardian as trustee
17          Appointment  13
18          Appointment of public trustee and guardian as sole trustee                14
19          Vesting of property  14
Division 3.3                  Appointment of public trustee and guardian as guardian or manager
19A           Application—div 3.3  15
19B           Other functions of public trustee and guardian as guardian or manager    15
19C           Guardian or manager of last resort  16
19D           Engagement of lawyer  16
Part 4      Powers and duties of public trustee and guardian
20          Powers of public trustee and guardian under Act additional to powers under other laws 17
21          Express powers of public trustee and guardian  17
22          Wills  20
23          Safe custody of documents and chattels  20
23A           Public trustee and guardian register  20
24          Legal representation  21
24A           Public trustee and guardian to report to ACAT  22
25          Payment of money etc to public trustee and guardian on behalf of person under disability      22
25A           Amounts etc paid by trustee for person under disability  24
26          Power of public trustee and guardian to sue self when acting in different capacities    25
27          Power of public trustee and guardian to contract with self in certain circumstances     25
28          Fees and expenses of public trustee and guardian  26
29          Payments to persons outside Australia  27
29A           Payment of money without grant of administration  27
30          Dealings with other public trustees  28
31          Unclaimed moneys  29
32          Allowance of claims  30
33          Dispute involving claims  31
Part 5      Unclaimed property
33A           Meaning of domestic partner for pt 5  33
34          Application for appointment as manager of property  33
35          Election to become manager of property  34
36          Public notice of appointment or election  35
37          Property does not vest in public trustee and guardian as manager        35
38          Powers of public trustee and guardian as manager  35
39          Application for directions and sale of property in special circumstances    37
40          Management of certain moneys by public trustee and guardian           39
41          Property to be held for owner  40
42          Charge over property  40
43          Disposal of property  41
44          Cessation of management  45
45          Claims made after cessation of management  46
Part 6      Financial
Division 6.1                  Investment board
46          Establishment of board  48
47          Function of board  48
48          Membership of board  48
49          Senior member of board  48
53          Ending board member appointments  49
53A           Honesty, care and diligence of board members  50
53B           Conflict of interest  50
53C           Agenda to require disclosure of interest item  51
53D           Disclosure of interests by board members  51
53E           Reporting of disclosed interests to Minister  53
53F           Protection of board members from liability  54
53G           Indemnification and exemption of board members  54
Division 6.2                  Board meetings
54          Time and place of board meetings  55
54A           Presiding member at meetings  55
54B           Quorum at meetings  55
54C           Voting at meetings  55
54D           Conduct of meetings etc  56
Division 6.3                  Common funds
55          Establishment of common funds etc  56
56          Investment of money held in common funds  57
57          Investment of money not held in common funds  58
58          Withdrawal of money from common funds  58
59          Distribution of capital and income  59
59A           Management fee  59
60          Income accounts  60
61          Common fund guarantee and reserve account  60
63          Application of surplus funds  63
64          Advances from common funds  63
65          Advances to beneficiaries  64
Part 7      Miscellaneous
65A           Use and disclosure of protected information  66
66          Public trustee and guardian may require information or documents       68
67          Notices to be given to public trustee and guardian  68
68          Costs in legal proceedings  69
69          Costs arising out of certain applications  70
70          Jurisdiction of court  70
71          Certain covenants void  70
72          Lien in respect of insurance premiums  71
73          Manner of giving notices  71
74          Evidence  71
75          Determination of fees and charges  73
76          Regulation-making power  73
Dictionary74
Endnotes
1            About the endnotes  76
2            Abbreviation key  76
3            Legislation history  77
4            Amendment history  85
5            Earlier republications  94

Public Trustee and Guardian Act 1985

An Act appointing the public trustee and guardian, and for other purposes

Part 1Preliminary

Name of Act
This Act is the Public Trustee and Guardian Act 1985.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

3AOffences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):
· s 65A (Use and disclosure of protected information).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Administration Act definitions
A term defined in the Administration Act has the same meaning in this Act.

Part 2The public trustee and guardian
Division 2.1 Administration

Public trustee and guardian
The Public Trustee and Guardian is the person exercising the functions of public trustee and guardian (however described) in the public service.
Deputy public trustee and guardian
(1)The director‑general may appoint 1 or more public servants as deputy public trustee and guardian.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
(2)A deputy public trustee and guardian may exercise a function of the public trustee and guardian, subject to any direction of the public trustee and guardian.
Public trustee and guardian a corporation sole
(1)The public trustee and guardian—
(a)is a corporation sole by the name of the Public Trustee and Guardian for the Australian Capital Territory; and
(b)has perpetual succession; and
(c)shall have an official seal; and
(d)is capable, in the corporate name of the public trustee and guardian, of acquiring, holding and disposing of real and personal property and of suing and being sued.
(2)The Financial Management Act 1996, section 73 (1) (Nature of relevant territory authorities) does not apply in relation to the public trustee and guardian.
Agent of public trustee and guardian
(1)The public trustee and guardian may, from time to time, appoint a person to be an agent of the public trustee and guardian.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
(2)A person who is appointed under this section as an agent is subject to the direction, control, supervision and inspection of the public trustee and guardian in all matters relating to the business for which the person is appointed.

9ADelegation by public trustee and guardian
(1)The public trustee and guardian may delegate to a member of the public trustee and guardian’s staff any function under this Act or another territory law.
Note 1For laws about delegations, see the Legislation Act, pt 19.4.
Note 2Function includes authority, duty and power (see Legislation Act, dict, pt 1).

(2)However, a function may be delegated to a person only if the public trustee and guardian is satisfied that—
(a)the function is of a kind that is appropriate to be exercised by the person; and
(b)the person has the qualifications, knowledge and experience appropriate for the function to be properly exercised; and
(c)the person will comply with the Guardianship and Management of Property Act 1991, section 4 when exercising the functions of the public trustee and guardian under that Act; and
(d)the person will comply with the obligations of the public trustee and guardian under the Human Rights Act 2004.
NoteThe public trustee and guardian must ensure the delegated function is properly exercised (see Legislation Act, s 238). Also, the public trustee and guardian may provide that the delegation has effect only in stated circumstances or subject to stated conditions, limitations or directions (see Legislation Act, s 234 and s 239).

Division 2.2 Protection and liability of public trustee and guardian

Protection of public trustee and guardian etc from liability
(1)In this section:
official means—
(a)a person who holds, or has held, the position of public trustee and guardian or deputy public trustee and guardian; or
(b)a person who is, or has been, an agent of the public trustee and guardian; or
(c)a public servant who is exercising, or has exercised, a function relating to the business or affairs of the public trustee and guardian.
(2)An official is not civilly liable for anything done or omitted to be done honestly and without recklessness—
(a)in the exercise of a function under a territory law; or
(b)in the reasonable belief that the act or omission was in the exercise of a function under a territory law.
(3)Any liability that would, apart from this section, attach to the official attaches instead to the Territory.
Protection of public trustee and guardian where mistake as to death etc
Where—
(a)the public trustee and guardian—
(i)has obtained a grant of probate of the will, or administration of the estate, of a person under the Administration Act; or
(ii)is otherwise administering the estate of a person under the Administration Act; or
(iii) is acting as executor or trustee under the will of a person; and
(b)it is found—
(i)that the person is alive; or
(ii)in a case in which the person was believed to have died intestate—that the person died testate; or
(iii)in a case in which the person was believed to have died testate—that the person died intestate and that the document that was believed to be the person’s last will has no testamentary validity or effect; or
(iv)that a document that was believed to be the person’s last will is not the person’s last will;
all acts done or omitted to be done by the public trustee and guardian in good faith while acting in any capacity in connection with the grant, estate or will are as valid and effectual as if the public trustee and guardian had been lawfully entitled to act in that capacity.
Liability of public trustee and guardian
Where, by an act or omission of the public trustee and guardian or another person acting or purporting to act in good faith for the public trustee and guardian, a person sustains a loss or injury that would have entitled that person to a remedy in respect of the loss or injury if the act or omission were an act or omission of an individual—
(a)the person sustaining the loss or injury is entitled to the same remedy against the public trustee and guardian in the corporate capacity of the public trustee and guardian as the person would have been entitled to against an individual; and
(b)the liability of the public trustee and guardian must be discharged by the Territory.

Part 3Appointment of public trustee and guardian
Division 3.1 General

Capacities in which public trustee and guardian may act
(1)Subject to this Act, the public trustee and guardian may be appointed and act under that name as—
(a)a trustee; or
(b)an executor or administrator, including administrator pendente lite; or
(c)a collector of an estate of a person under an order to collect and administer that estate; or
(d)a receiver; or
(e)an agent or attorney; or
(f)a manager of property, whether real or personal; or
(g)a guardian of the estate of any person; or
(h)a guardian or manager for a person if appointed by the ACAT; or
(i)the person responsible for the disposal of the body of an unclaimed deceased person.
(2)Subject to this Act, the public trustee and guardian may become (whether by election or otherwise) and may act under that name as a manager of property, whether real or personal.
(3)The public trustee and guardian shall not accept a trust established exclusively or primarily for religious purposes.
(4)The public trustee and guardian may decline to accept, or accept subject to such conditions as the public trustee and guardian thinks fit, a trust or an appointment to act in any capacity.
(5)The public trustee and guardian is not entitled to exercise a power under subsection (4)—
(a)in relation to a trust that devolves on the public trustee and guardian or an appointment of the public trustee and guardian that is made specifically by law; or
(b)in relation to an appointment that was made by order of the court; or
(c)on the ground only of the small value of the relevant property or estate.

13AAppointment as person responsible for disposal of unclaimed deceased person
(1)This section applies if the public trustee and guardian accepts an appointment as the person responsible for the disposal of the body of an unclaimed deceased person.
(2)The public trustee and guardian—
(a)may do any of the following:
(i)make arrangements for the disposal of the body of the unclaimed deceased person;
(ii)investigate whether the unclaimed deceased person has a solvent estate;
(iii)administer the unclaimed deceased person’s estate; but

(b)is not responsible for arranging the removal of the unclaimed deceased person’s body from the place where the person died.
NoteIf a person dies, the person’s estate vests in the public trustee and guardian from the time the person dies until someone is appointed as administrator of the estate or a grant of representation is made (see the Administration Act, s 38A).

(3)The public trustee and guardian must comply with any guideline made by the Minister for this section.
(4)A guideline is a disallowable instrument.
(5)In this section:
unclaimed deceased person means a person—
(a)whose death is registrable under the Births, Deaths and Marriages Registration Act 1997; and
(b)the executor of whose estate, or whose next of kin—
(i)has not been be found, despite reasonable inquiries by the police; or
(ii)is unwilling or unable to make funeral arrangements for the person; and

(c)whose body—
(i)is held at a place in the ACT; and
(ii)has not been claimed by anyone who has a right to claim the body under the law of another State.

Public trustee and guardian may act jointly with another person
(1)Subject to subsection (3), the public trustee and guardian may be appointed and act jointly with another person in any of the capacities referred to in section 13.
(2)Subject to any other law in force in the ACT, where the public trustee and guardian is appointed and acts jointly with another person—
(a)the public trustee and guardian and that other person jointly have and may exercise any function that the public trustee and guardian, if acting alone, would have or be entitled to exercise; and
(b)all moneys under the control of the public trustee and guardian and that other person jointly must be dealt with in the same manner as money under the control of the public trustee and guardian alone; and
(c)the receipt in writing of the public trustee and guardian alone for any moneys, securities or other personal property or effects required to be paid, transferred or delivered to the public trustee and guardian and that other person jointly—
(i)shall be a sufficient discharge; and
(ii)shall fully and effectually exonerate the person by whom that property or those effects was or were paid, transferred or delivered from seeing to the application, or being answerable for any loss or misapplication, of that property or those effects.
(3)The public trustee and guardian may not be appointed or act jointly with another person as manager of property under part 5.
Appointment of public trustee and guardian on order of court
Where the consent of a person is required for the appointment of a trustee, executor or administrator and the person—
(a)refuses to consent to the public trustee and guardian being appointed; or
(b)is absent from the ACT; or
(c)is a person under disability;
the court may, on an application made to it, order that the appointment of the public trustee and guardian be made without the consent of that person.
Effect of appointment or election
Subject to this Act, the public trustee and guardian, when acting in a capacity referred to in section 13—
(a)has the same powers, duties and liabilities and is entitled to the same rights and immunities as an individual acting in that capacity; and
(b)is subject to the control and orders of any court in the same manner as if the public trustee and guardian were an individual acting in that capacity.

Division 3.2 Appointment of public trustee and guardian as trustee

Appointment
(1)The public trustee and guardian may be appointed as an original, new or additional trustee in the same cases, in the same manner and by the same persons or court as if the public trustee and guardian were an individual.
(2)However, the public trustee and guardian must not be appointed as a trustee if the instrument creating the trust contains a direction to the contrary.
Appointment of public trustee and guardian as sole trustee
(1)Even though an instrument provides for or directs the appointment of 2 or more trustees, the public trustee and guardian may be appointed as sole trustee under the instrument unless the appointment is expressly prohibited by the instrument.
(2)The appointment of the public trustee and guardian as sole trustee under an instrument for subsection (1) may be made by—
(a)the trustees appointed under the instrument; or
(b)where there is another person who has the power to appoint a new trustee under the instrument—that person; or
(c)where there are 2 or more other persons who have the power to appoint a new trustee under the instrument—those persons; or
(d)the court.
(3)An application for an order of the court appointing the public trustee and guardian as sole trustee under an instrument may be made by—
(a)any 1 of the trustees appointed under the instrument; or
(b)where there are 2 or more other persons who have the power to appoint a new trustee under the instrument—any 1 of those persons; or
(c)any person who has an interest in any property to which the instrument relates.
Vesting of property
On an appointment of the public trustee and guardian as a trustee taking effect, all the property in respect of which the public trustee and guardian is so appointed is, subject to the trusts applicable to it, by virtue of the appointment and without other assurances in law, vested in the public trustee and guardian.

Division 3.3 Appointment of public trustee and guardian as guardian or manager
19AApplication—div 3.3
This division applies if the public trustee and guardian is appointed by the ACAT as a guardian or manager under the Guardianship and Management of Property Act 1991.

19BOther functions of public trustee and guardian as guardian or manager
(1)In addition to any other function given to the public trustee and guardian under the Guardianship and Management of Property Act 1991 or another territory law, the public trustee and guardian has the following functions:
(a)representing people with a disability at hearings before the ACAT in relation to guardianship applications;
(b)investigate complaints and allegations about the actions of a guardian or manager or a person acting or purporting to act under an enduring power of attorney;
(c)promoting community discussion, and providing community education and information, about the functions of the ACAT under the Guardianship and Management of Property Act 1991.
(2)In this section:
disability means one of the following conditions if the condition gives rise to a need for protection from abuse, exploitation or neglect, or a combination of those things:
(a)a physical, mental, psychological or intellectual condition;
(b)a condition that would make a person a forensic patient.
forensic patient includes a person who has been—
(a)apprehended by a police officer because the person’s behaviour or statements indicate to the officer that the person may have a mental disorder or mental illness; or
(b)found by a court or the ACAT to be unfit to plead; or
(c)acquitted of a criminal charge because of mental impairment; or
(d)found guilty of a criminal offence and is, or while serving a sentence of imprisonment has become, a person with a mental disorder or mental illness.
mental disorder—see the Mental Health Act 2015, section 9.
mental illness—see the Mental Health Act 2015, section 10.

19CGuardian or manager of last resort
If appointed as a guardian or manager by the ACAT, the public trustee and guardian must—
(a)endeavour to find a suitable person to be appointed as the guardian or manager; and
(b)if a suitable person is found—apply to the ACAT for the appointment of the person as guardian or manager.

19DEngagement of lawyer
The public trustee and guardian may engage a lawyer to appear before a court or tribunal in relation to the exercise of the public trustee and guardian’s functions under this division.

Part 4Powers and duties of public trustee and guardian

Powers of public trustee and guardian under Act additional to powers under other laws
The powers conferred on the public trustee and guardian under this Act when acting in any of the capacities in which the public trustee and guardian is authorised to act are in addition to and not in substitution for or in derogation of any other power conferred on or exercisable by the public trustee and guardian in that capacity under any other law in force in the ACT.
Express powers of public trustee and guardian
(1)Where the public trustee and guardian is acting in a trust or protective capacity as an executor, administrator, trustee, guardian or manager or is otherwise acting in connection with the administration of an estate, without limiting the generality of any other power conferred on the public trustee and guardian under this Act, the public trustee and guardian may, unless expressly prohibited by the terms of any instrument affecting the authority of the public trustee and guardian to act in that capacity—
(a)buy, sell, realise and mortgage (with or without a power of sale) real and personal property, altogether or in parts, and subject to any condition the public trustee and guardian thinks fit; and
(b)exchange property or join in a partition of property; and
(c)grant a lease of property for such period as the public trustee and guardian thinks fit—
(i)being a period not exceeding 10 years; or
(ii)if the lease is granted with an option for renewal—being a period that, together with the term of the option, does not exceed 10 years; and
(d)enter into a sharefarming agreement for a period not exceeding 3 years; and
(e)insure property, real or personal, against any contingency; and
(f)expend money for the repair, maintenance or renovation of property; and
(g)pay rates, taxes, insurance premiums and any other outgoings, charges and expenses in respect of property; and
(h)pay or discharge all debts, liabilities, costs, expenses and other obligations; and
(i)borrow money, with or without giving security; and
(j)set off against the claim of a person in respect of an estate any amount owed by the person to that estate or another estate being administered by the public trustee and guardian; and
(k)bring or defend any proceedings; and
(l)take proceedings to cause a person to become a bankrupt or a company to be wound up; and
(m)vote or otherwise act either in person or by proxy at or in connection with a meeting of creditors or shareholders; and
(n)carry out contracts entered into before the commencement of this Act in the same manner as if the contracts had been entered into after the commencement of this Act; and
(o)at the expense of an estate being administered by the public trustee and guardian, engage such persons as the public trustee and guardian thinks fit for the purpose of assisting or advising the public trustee and guardian in the administration or management of the estate; and
(p)do all such acts, matters and things (including execute all documents) as are necessary or convenient for carrying out any of the powers conferred under this section.
(2)In exercising the power referred to in subsection (1) (f), the public trustee and guardian may charge the costs of repair, maintenance or renovation, as the case may be, either to capital or to income or apportion the costs between capital and income on such a basis as the public trustee and guardian thinks fit.
(3)Where the public trustee and guardian has been appointed to act as trustee, executor or administrator of the estate of a deceased person, whether alone or jointly with another person, the public trustee and guardian may exercise the power referred to in subsection (1) (h) for the purpose of paying the reasonable costs of—
(a)the erection of a memorial or tombstone over the grave of the deceased person; or
(b)where the deceased person has been cremated—a memorial or otherwise suitably preserving the ashes of the deceased person.
(4)Without limiting the generality of the power referred to in subsection (1) (i), the public trustee and guardian may exercise that power for the purpose of repaying a debt or other liability that was incurred before the commencement of this Act.
(5)In exercising the power referred to in subsection (1) (i), the public trustee and guardian may pay any interest payable in respect of money borrowed by the public trustee and guardian out of income or, if the income is insufficient, out of capital.
(6)Where, in the exercise of the power referred to in subsection (1) (j), the public trustee and guardian sets off against the claim of a person in respect of an estate an amount owed by the person to another estate being administered by the public trustee and guardian, the public trustee and guardian shall transfer from the estate to which the claim related to the estate to which the amount was owed an amount equal to the amount that was owed by the person to that lastmentioned estate.
Wills
(1)The public trustee and guardian may, either without charging a fee or for a fee not exceeding the fee determined under section 75 for this section, draw a will or other testamentary instrument for a person.
(2)The public trustee and guardian may accept a will for deposit with the public trustee and guardian, whether or not the public trustee and guardian is appointed as an executor of the will.
Safe custody of documents and chattels
(1)The public trustee and guardian may accept for safe custody any trust instrument, a debenture or other security, any document of title to property, any other document and any chattel.
(2)The public trustee and guardian’s liability in respect of any thing deposited for safe custody under subsection (1) is—
(a)where a charge is made by the public trustee and guardian in connection with the keeping of that thing by the public trustee and guardian—that of a bailee for reward; and
(b)where a charge is not made by the public trustee and guardian in connection with the keeping of that thing by the public trustee and guardian—that of a gratuitous bailee.

23APublic trustee and guardian register
(1)The public trustee and guardian may keep a register of legal records.
(2)The public trustee and guardian may include other records or information on the register that the public trustee and guardian considers appropriate.
(3)The register may be kept in any form, including electronically, that the public trustee and guardian considers appropriate.
(4)The register may be kept in 1 or more parts, as the public trustee and guardian considers appropriate.
(5)The public trustee and guardian may remove a legal record from the register if satisfied that the legal record no longer has any effect.
(6)In this section:
enduring power of attorney—see the Powers of Attorney Act 2006, section 8.
legal record means—
(a)a will that is—
(i)drawn by the public trustee and guardian; or
(ii)deposited with the public trustee and guardian; or

(b)an enduring power of attorney that—
(i)appoints the public trustee and guardian as attorney; or
(ii)is deposited with the public trustee and guardian.
NoteThe Evidence Act 2011, s 155 (Evidence of official records) applies to legal records kept on the register.

Legal representation
(1)A court or the ACAT may, in relation to proceedings in the court or ACAT, on an application made to it by a party to the proceedings or on its own initiative, direct the public trustee and guardian to represent—
(a)a party to those proceedings; or
(b)a person or class of persons interested in those proceedings.
(2)Where a direction is given under subsection (1)—
(a)the public trustee and guardian may be represented in the proceedings in connection with which the direction is given by a legal practitioner; and
(b)the costs and expenses of the representation, as between solicitor and client, together with a reasonable fee for the services of the public trustee and guardian, must be paid to the public trustee and guardian out of any estate, funds or property the subject matter of the proceedings, or otherwise as the court or the ACAT may direct.
(3)The public trustee and guardian may engage a lawyer to appear before a court or the ACAT in relation to the exercise of any of its functions under this Act.

24APublic trustee and guardian to report to ACAT
The public trustee and guardian must report to the ACAT about a matter before the ACAT if asked by the ACAT.

Payment of money etc to public trustee and guardian on behalf of person under disability
(1)Where, in the proceedings, it is adjudged or ordered, or it is agreed, that money, not being money to which subsection (3) applies, be paid to a person under disability (whether or not that person is a party to a cause or matter), the money—
(a)shall be paid into court; and
(b)shall, unless the court otherwise directs, be paid out to the public trustee and guardian.
(2)Where money, not being money to which subsection (3) applies—
(a)is paid into court—
(i)before the commencement of this Act; or
(ii)after the commencement of this Act under a judgment, order or agreement given, entered or made before the commencement of this Act; and
(b)the money is being held in court on behalf of a person under disability;
the court may, by order, direct that the money be paid out to the public trustee and guardian.
(3)Where—
(a)money payable as compensation under the Workers Compensation Act 1951 is paid into court, whether before or after the commencement of this Act; and
(b)the money is being held in court on behalf of a person under disability;
the court may, by order, direct that the money be paid out to the public trustee and guardian.
(4)Where, as a result of a direction given under subsection (1), money in court is not paid out to the public trustee and guardian, the court may, by order, direct that the money be paid out to the public trustee and guardian and may make such other order as it thinks fit.
(5)Where a court adjudges or orders that property (whether real or personal) be delivered up or transferred to a person under disability (whether or not that person is a party to a cause or matter), the court—
(a)may order that the property be delivered up or transferred to the public trustee and guardian on behalf of that person; and
(b)may give such directions for the service of the order on the public trustee and guardian as it thinks fit.
(6)Where an order under subsection (5) is served on the public trustee and guardian, the public trustee and guardian shall accept delivery or transfer of the property to which the order relates and the acceptance of the property shall be a sufficient discharge to the person delivering or transferring the property.
(7)Nothing in this section applies in relation to—
(a)money ordered or agreed to be paid in proceedings in the Magistrates Court, being money due to a person who has not attained full age as salary, wages or otherwise in respect of the person’s employment; or
(b)money payable as compensation under the Workers Compensation Act 1951 by way of a weekly payment.
(8)In this section:
court includes the Magistrates Court and a tribunal.

25AAmounts etc paid by trustee for person under disability
(1)If an amount is paid to, or property is accepted by, the public trustee and guardian on behalf of a person under disability, the public trustee and guardian must hold the amount or property on trust for the person.
(2)The public trustee and guardian may, subject to any direction of the Supreme Court—
(a)pay an amount, or give property, to anyone the public trustee and guardian considers appropriate, for the maintenance, education, advancement or benefit of the person or a dependent of the person; and
(b)use the amount or property for the maintenance, education, advancement or benefit of the person or a dependent of the person; and
(c)pay an amount, or give property, into a superannuation fund on behalf of the person; and
(d)if an amount is paid, or property given, under paragraph (c)—manage the superannuation fund on behalf of the person.

(3)If an amount is paid under subsection (2) (a), the public trustee and guardian need not supervise the use of the amount.
(4)In this section:
superannuation fund means a complying superannuation fund for the Income Tax Assessment Act 1997 (Cwlth).

Power of public trustee and guardian to sue self when acting in different capacities
(1)Notwithstanding any rule of law or practice to the contrary, the public trustee and guardian, acting in one capacity, may, subject to subsection (2) commence proceedings against the public trustee and guardian acting in another capacity.
(2)Before commencing proceedings under subsection (1), the public trustee and guardian shall apply to the court for directions as to the manner in which the respective interests of the public trustee and guardian are to be represented in the proceedings.
Power of public trustee and guardian to contract with self in certain circumstances
(1)The public trustee and guardian, while acting in any capacity in connection with a trust or estate, may enter into a contract, deed or covenant with the public trustee and guardian while acting in any capacity in connection with another trust or estate or as manager of property.
(2)The public trustee and guardian, while acting as manager of property, may enter into a contract, deed or covenant with the public trustee and guardian while acting as manager of other property or in any capacity in connection with a trust or estate.
Fees and expenses of public trustee and guardian
(1)The public trustee and guardian—
(a)may, in respect of a service rendered by the public trustee and guardian for which no other provision for the payment of a fee is made under this Act, charge such fee, whether by way of commission or otherwise, as is determined under section 75 for this section; and
(b)is entitled to the reasonable expenses incurred by the public trustee and guardian in rendering a service.
(2)The fees and expenses payable under subsection (1) in respect of a service rendered by the public trustee and guardian in connection with an estate, trust or fund—
(a)may be paid by the public trustee and guardian from moneys in the estate, trust or fund; and
(b)are, subject to any other law in force in the ACT, payable in priority to any other debts or liabilities of the estate, trust or fund.
(3)The incidence of the fees and expenses payable under this section as between capital and income shall be determined by the public trustee and guardian.
(4)Where, but for this subsection, there would be payable to the public trustee and guardian under this section an amount in respect of fees or expenses, the public trustee and guardian may dispense with the payment of that amount or reduce the amount that would otherwise be payable where the public trustee and guardian is satisfied that payment of the amount would impose hardship on a person or that other circumstances exist that justify taking such action.
Payments to persons outside Australia
(1)Where any moneys or chattels are payable or deliverable by the public trustee and guardian to a person in a country other than Australia, the public trustee and guardian may pay those moneys or deliver those chattels, on behalf of that person—
(a)to a consular officer of that country resident in Australia; or
(b)if there is no such officer—to an official of that country, wherever the official is resident, who appears to the public trustee and guardian to be a suitable person to receive those moneys or chattels.
(2)The receipt of a consular officer or official of moneys or chattels paid or delivered to the consular officer or official under subsection (1) is a complete and sufficient discharge to the public trustee and guardian and the public trustee and guardian has no further concern to see to the application of those moneys or chattels.

29APayment of money without grant of administration
(1)This section applies if—
(a)before a person dies, the public trustee and guardian holds an amount or personal property for the person; and
(b)on the person’s death, the total of the amount and the value of the personal property as estimated by the public trustee and guardian is not more than $20 000; and
(c)the public trustee and guardian has no knowledge of an application for probate of the person’s will or for letters of administration of the person’s estate.
(2)The public trustee and guardian may pay the amount, and transfer the personal property, to a person the public trustee and guardian considers is entitled to the amount or property (the entitled person) without proof of the entitled person having obtained probate of the deceased person’s will or administration of the deceased person’s estate.
(3)For subsection (2), the public trustee and guardian may require the entitled person to give an undertaking that the amount or personal property will be administered by the entitled person for the deceased person’s estate.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

(4)An amount paid, or personal property given, under subsection (2) is taken to have been paid to the deceased person’s estate.
(5)This section does not affect any right of a person to claim or recover an amount paid, or personal property given, under subsection (2) from a person other than the public trustee and guardian.

Dealings with other public trustees
(1)Where—
(a)the public trustee and guardian is administering the estate in the ACT of a person who, at the time of the person’s death, was domiciled outside the ACT; and
(b)the estate of the person in the place in which the person was, at the time of the person’s death, domiciled is being administered by the public trustee or other like official of the place of domicile;
the public trustee and guardian may, after payment of creditors and the fees, charges and expenses provided for under this Act, pay the balance of the proceeds of the estate in the ACT to the public trustee or other like official of the place of domicile, without incurring any liability in relation to the payment, and without any obligation to see to the application, of that balance.
(2)Where—
(a)the estate of a deceased person who, at the time of the person’s death, was domiciled in the ACT is being administered by the public trustee and guardian; and
(b)the public trustee or other like official of a place other than the ACT has obtained administration of the estate of the deceased person in that place;
the public trustee and guardian may receive from that public trustee or other like official the balance of the estate of the deceased person in that place.
(3)The balance of an estate received by the public trustee and guardian under subsection (2) shall form part of the estate of the deceased person in the ACT.
Unclaimed moneys
(1)Where—
(a)the public trustee and guardian has been administering an estate for a period of not less than 6 years; and
(b)moneys forming part of the estate are being held by the public trustee and guardian; and
(c)the public trustee and guardian—
(i)has no knowledge of the existence or whereabouts of a person who is, or claims to be, entitled to the moneys; or
(ii)in a case in which the existence and whereabouts of the person entitled to receive the moneys are known to the public trustee and guardian—is unable, for any reason whatsoever, to effect payment of the moneys to the person;
the public trustee and guardian shall pay those moneys to the Territory.
(2)A person who claims to be entitled to any moneys paid to the Territory under subsection (1) may apply to the court for an order declaring the person to be so entitled and, if the court is satisfied that the person is entitled to the moneys or a part of the moneys, it may make an order accordingly.
(3)Where an order is made under subsection (2), there is payable to the person in whose favour the order is made by the Territory an amount equal to the amount specified in the order.
Allowance of claims
The public trustee and guardian may—
(a)at any time, require a person to make a statement or produce other sufficient evidence to support a claim in connection with—
(i)an estate or trust being administered by the public trustee and guardian; or
(ii)property of which the public trustee and guardian is manager; and
(b)refuse to admit or take any further action in relation to the claim until the declaration or evidence is produced.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
Dispute involving claims
(1)The public trustee and guardian may, in connection with the administration of a deceased estate, give public notice that any person who claims to be a creditor against the estate must notify the public trustee and guardian, in writing, of the claim within the period stated in the notice.
Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(2)Where—
(a)the public trustee and guardian gives public notice under subsection (1); and
(b)a claim is made by a person in accordance with the notice; and
(c)the public trustee and guardian disputes, in whole or in part, the claim of the person;
the public trustee and guardian shall give to the person a notice, in writing—
(d)setting out the decision of the public trustee and guardian; and
(e)calling upon the person to institute proceedings to enforce the claim within 3 months after the receipt by the person of the notice; and
(f)containing a statement informing the person of the effect of a refusal or failure by the person to comply with the notice.
(3)If a person to whom a notice is given under subsection (2) does not, within the period specified in the notice, or within such further period as the court, on an application made to it by the person before the expiration of that firstmentioned period, allows, institute proceedings to enforce the person’s claim—
(a)the public trustee and guardian may deal with the estate in connection with which the notice under subsection (1) was published without taking into consideration the claim or so much of the claim as the public trustee and guardian disputes; and
(b)the right of the person to recover the amount of the claim or that part of the claim that the public trustee and guardian disputes shall be absolutely barred.

Part 5Unclaimed property
33AMeaning of domestic partner for pt 5
In this part:
domestic partner, of the owner of property, means the domestic partner of the owner when the owner was last known to be alive.
NoteThis definition qualifies the meaning of domestic partner given by the Legislation Act, s 169.

Application for appointment as manager of property
(1)The public trustee and guardian may apply to the court for an order appointing the public trustee and guardian manager of property where—
(a)the owner of the property is unknown; or
(b)the whereabouts of the owner of the property are unknown; or
(c)it is not known whether the owner of the property is alive or dead; or
(d)the owner of the property is dead or permanently or indefinitely absent from the ACT and—
(i)it is not known whether the person has a personal representative or agent in the ACT with authority to take possession of and administer the property; or
(ii)the whereabouts of the person’s personal representative or agent are unknown; or
(iii)it is not known whether the person’s personal representative or agent is alive or dead; or
(e)the owner of the property is a corporation and an officer or agent of the corporation cannot be found; or
(f)the property appears to have been abandoned.
(2)On an application being made to it under this section, the court may, by order, appoint the public trustee and guardian manager of the property in respect of which the application is made if the court is satisfied that the appointment is necessary or desirable—
(a)in the interests of the owner of the property or of any other person; or
(b)in order to properly protect or preserve the property.
(3)In making an order under this section appointing the public trustee and guardian manager of property, the court may specify the powers that may be exercised by the public trustee and guardian in connection with the property.
Election to become manager of property
(1)Where, in respect of property in connection with which an application could be made under section 34, the public trustee and guardian—
(a)estimates that the gross value of the property does not exceed $10 000; and
(b)is satisfied that—
(i)in the interests of the owner of the property or of any other person; or
(ii)in order to properly protect or preserve the property;
it is necessary or desirable that the public trustee and guardian should become the manager of the property;
the public trustee and guardian may, without making an application to the court, elect to become manager of the property by filing in the office of the court a notice of election.
(2)On a notice of election being filed by the public trustee and guardian under subsection (1), the public trustee and guardian shall become manager of the property in respect of which the election is made.
Public notice of appointment or election
As soon as practicable after making an application under section 34 or filing a notice of election under section 35, the public trustee and guardian must give public notice of the application or election.
Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
Property does not vest in public trustee and guardian as manager
Where the public trustee and guardian—
(a)is appointed or elects to become manager of property under this part; or
(b)becomes manager of property under this part because of section 40 (1);
the property does not vest in the public trustee and guardian.
Powers of public trustee and guardian as manager
(1)Unless the court in a particular case otherwise orders, the public trustee and guardian as manager of property under this part may—
(a)take or recover possession of the property and recover all sums of money (including sums of money payable in respect of damages and mesne profits) payable to the owner of the property in connection with the property, whether the money became payable before or after the public trustee and guardian became manager of the property; and
(b)do all things necessary for obtaining or perfecting the title to the property; and
(c)carry out or enforce, in such manner as the public trustee and guardian thinks fit, any contract affecting the property and exercise any powers conferred by the contract; and
(d)perform or discharge any obligation or duty imposed on the owner of the property; and
(e)apply the property, or any money received by the public trustee and guardian as manager of the property, for the maintenance, education, advancement or benefit of the domestic partner, children or other dependants of the owner of the property; and
(f)pay, out of moneys received or borrowed by or advanced to the public trustee and guardian as manager of the property—
(i)any mortgages, charges or other obligations on or attached to the property; and
(ii)any debts, liabilities, costs, expenses or other obligations of the owner of the property; and
(g)exercise any power conferred by or under an instrument or any law in force in the ACT on the owner of the property; and
(h)subject to this Act, sell the property; and
(i)cut, gather and sell crops growing or situated on the property; and
(j)erect or contribute to the costs of erecting fences on or around the property; and
(k)in the name of the owner of the property or, if the public trustee and guardian thinks fit, in the corporate name of the public trustee and guardian, bring or defend any proceedings relating to the property; and
(l)exercise such other powers as may be conferred on the public trustee and guardian by the court under section 34 (3); and
(m)subject to the provisions of this part relating to the sale of property by the public trustee and guardian, exercise such powers that the public trustee and guardian, if the public trustee and guardian were the trustee of the property, could, under this Act or any other law in force in the ACT, exercise in relation to the property.
(2)An instrument executed by the public trustee and guardian as manager of property in the exercise of any of the powers conferred on the public trustee and guardian under this part shall have effect and may be registered in all respects as if it had been executed by the owner of the property.
Application for directions and sale of property in special circumstances
(1)The court may, on an application made to it in relation to property of which the public trustee and guardian is manager under this part, give directions relating to—
(a)the property; or
(b)the management or administration of the property; or
(c)the exercise of any of the powers conferred on the public trustee and guardian under this part in respect of the property.
(2)An application under subsection (1) may be made by—
(a)the public trustee and guardian; or
(b)the domestic partner, a child, or any other dependant of the owner of the property; or
(c)any person who has an interest in the property to which the application relates.
(3)The court may, on an application made to it by the public trustee and guardian in relation to property of which the public trustee and guardian is manager under this part, make an order authorising the public trustee and guardian to sell the property on such conditions as it thinks fit.
(4)Before determining an application under this section, the court may direct that notice of the application—
(a)be served on such person as it thinks fit; or
(b)be published in such manner as it thinks fit.
(5)For the purpose of determining an application under this section, the court shall have regard to—
(a)the need for preservation of the property to which the application relates; and
(b)the likelihood of the property deteriorating; and
(c)the interest of any person having an interest in the property; and
(d)the interest of the domestic partner, a child, or any other dependant of the owner of the property; and
(e)in the case of an application under subsection (3)—whether continued management of the property by the public trustee and guardian might, for any reason, be unduly onerous; and
(f)such other matter as it thinks fit.
(6)Where—
(a)the public trustee and guardian is acting as manager of property under this part; and
(b)the gross value of the property does not exceed $5 000; and
(c)the public trustee and guardian considers that it is necessary or desirable to sell the property having regard to—
(i)the likelihood of the property deteriorating; or
(ii)the interest of any person having an interest in the property; or
(iii)the interest of the domestic partner, a child, or any other dependant of the owner of the property; or
(iv)the likelihood that continued management of the property by the public trustee and guardian might, for any reason, be unduly onerous;
the public trustee and guardian may sell the property.
(7)Where the public trustee and guardian sells property under this section, the public trustee and guardian ceases to be manager of that property.

Management of certain moneys by public trustee and guardian
(1)Where the public trustee and guardian—
(a)receives moneys as the proceeds of a sale or property effected under this section 39; or
(b)receives or recovers any moneys (including moneys received or recovered as income, damages or mesne profits) in respect of property of which the public trustee and guardian is manager;
the public trustee and guardian shall, under this subsection, become manager under this part of those moneys.
(2)Subsection (1) does not apply in relation to moneys received as the proceeds of a sale of property under section 43.
Property to be held for owner
Where the public trustee and guardian takes possession of property of which the public trustee and guardian—
(a)has been appointed, or has elected to become, manager under this part; or
(b)has become manager under this part because of section 40 (1);
the property shall, after payment of all moneys authorised to be applied, expended or charged by the public trustee and guardian, be held by the public trustee and guardian for the owner of or person beneficially entitled to the property.
Charge over property
(1)Where any fees, costs or expenses are incurred by or payable to the public trustee and guardian as manager of property under this part, there is created, by force of this subsection, a charge on that property to secure the payment of those fees, costs or expenses.
(2)The charge created on property by subsection (1)—
(a)is subject to any mortgage or charge to which the property was subject immediately before the fees, costs or expenses were incurred or became payable; and
(b)subject to subsection (3), has priority over all other mortgages or charges whatsoever.
(3)The public trustee and guardian may postpone, wholly or in part, a charge created on property by subsection (1) in favour of a mortgage or charge created after the firstmentioned charge was created.
(4)The amount of money for the time being charged on property under subsection (1) shall bear interest at such rate as is prescribed.
Disposal of property
(1)Where—
(a)the public trustee and guardian is satisfied that a person is the owner of or beneficially entitled to property of which the public trustee and guardian is manager under this part; and
(b)the whereabouts of the person are known to the public trustee and guardian;
the public trustee and guardian shall transfer the property to the person or, where for any reason the public trustee and guardian considers that it is not reasonably practicable to transfer the property to the person, the public trustee and guardian shall give to the person a notice—
(c)describing the property; and
(d)specifying the location of the property; and
(e)informing the person that the public trustee and guardian is acting as manager of the property; and
(f)requesting that the person, within such period as is specified in the notice, being a period of not less than 2 months after the date of the notice, take delivery of, or make arrangements, satisfactory to the public trustee and guardian, for taking delivery of, the property; and
(g)informing the person of the action that may be taken by the public trustee and guardian under this section in connection with the property in the event of the request referred to in paragraph (f) not being complied with.
(2)Where—
(a)a notice relating to property is given to a person under subsection (1); and
(b)the person—
(i)does not comply with the request contained in the notice; or
(ii)having complied with the request by making arrangements for taking delivery of the property—does not give effect to those arrangements;
the public trustee and guardian shall give to the person a further notice—
(c)requiring the person, within such period as is specified in the notice, being a period of not less than 3 months after the date of the notice, to take delivery of, or make arrangements, satisfactory to the public trustee and guardian, for taking delivery of, the property; and
(d)informing the person of the relevant action that may be taken by the public trustee and guardian in connection with the property under subsection (3) if the requirement referred to in paragraph (c) is not complied with; and
(e)where appropriate, informing the person that the proceeds of sale of the property will be paid to the Territory.
(3)Where—
(a)a notice relating to property is given to a person under subsection (2); and
(b)the person—
(i)does not comply with the requirement contained in the notice; or
(ii)having complied with the requirement by making arrangements for taking delivery of the property—does not give effect to those arrangements;
the public trustee and guardian—
(c)if the property is not money—
(i)where the gross value of the property exceeds $5 000—may apply to the court for an order to sell the property and the court may make an order accordingly; or
(ii)where the gross value of the property does not exceed $5 000—may sell the property; or
(d)if the property is money—shall, after deduction of all costs and charges lawfully due to the public trustee and guardian or any other person in connection with the property, pay it to the Territory.
(4)Where, on an application made to it by a person, the court is satisfied that—
(a)the applicant or another person is the owner of or beneficially entitled to property of which the public trustee and guardian is manager under this part; and
(b)the whereabouts of the applicant or that other person are known;
the court shall order that the property be transferred to the applicant or that other person, as the case requires, or make such other order as it thinks fit.
(5)Where—
(a)the public trustee and guardian has continued to act as manager of property for a period of not less than 7 years; and
(b)the owner of or person beneficially entitled to the property has not been ascertained or, if ascertained, has not been located; and
(c)the gross value of the property does not exceed $5 000;
the public trustee and guardian—
(d) if the property is not money—may sell or otherwise dispose of the property in such manner as the public trustee and guardian thinks fit; or
(e)if the property is money—shall, after deduction of all costs and charges lawfully due to the public trustee and guardian or any other person in connection with the property, pay it to the Territory.
(6)Where, on an application made to it by the public trustee and guardian, the court is satisfied that—
(a)the public trustee and guardian has continued to act as manager of property for a period of not less than 7 years; and
(b)the owner of or person beneficially entitled to the property has not been ascertained or, if ascertained, has not been located;
the court shall order—
(c)if the property is not money—that the property be sold or otherwise disposed of in such manner as it thinks fit; or
(d)if the property is money—that, after deduction of all costs and charges lawfully due to the public trustee and guardian or any other person in connection with the property, it be paid to the Territory.
(7)Before selling or otherwise disposing of property under subsection (5), the public trustee and guardian must—
(a)give public notice of the proposed sale or disposal; and
(b)if the last-known place of residence of the person lawfully entitled to the property is in another State or Territory—give notice of the proposed sale or disposal in a newspaper circulating in that State or Territory.
Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(8)Before determining an application under subsection (6), the court may direct—
(a)that notice of the application be served on such person as it thinks fit; and
(b)that notice of the application be published in such manner as it thinks fit.
Cessation of management
(1)The public trustee and guardian shall cease to be manager of property where—
(a)the property is transferred to a person under section 43 (1); or
(b)the property is transferred to a person in consequence of a notice having been given to the person under section 43 (1) or (2); or
(c)the property is sold under section 43 (3); or
(d)the property, being money, is paid to the Territory under section 43 (3), (5) or (6); or
(e)the property is transferred to a person under, or effect is otherwise given to, an order made under section 43 (4); or
(f)the property is sold or otherwise disposed of under section 43 (5) or (6).
(2)On ceasing to be manager of property under subsection (1) (c) or (f), the public trustee and guardian shall, after deduction of all costs and charges lawfully due to the public trustee and guardian or any other person in connection with the property, pay to the Territory any proceeds of sale of the property.
(3)The cessation under this section or section 39 (7) of the authority of the public trustee and guardian to act as manager under this part does not affect any charge acquired by the public trustee and guardian in respect of the property, or the validity of any act or thing done by the public trustee and guardian in connection with the property, while acting in that capacity.
Claims made after cessation of management
(1)Where, on the public trustee and guardian ceasing to be manager of property, money is paid to the Territory under section 43 (3), (5) or (6) or 44 (2), a person may apply to the court for an order under this section in relation to the property.
(2)Where, on an application made to the court under this section, the court is satisfied that, at the time the public trustee and guardian ceased to be manager of the property in connection with which the application is made, the applicant was the owner or 1 of the owners of the property or beneficially entitled or 1 of the persons beneficially entitled to the property, the court may make an order to that effect.
(3)On an order being made by the court under this section in connection with property, there is payable by the Territory to the person in relation to whom the order was made—
(a)where the court was satisfied that the person was the sole owner of or the only person beneficially entitled to the property—an amount equal to the amount or the aggregate of the amounts paid to the Territory in connection with the property; and
(b)where the court was satisfied that the person was 1 of the owners of or persons beneficially entitled to the property—an amount equal to such part of the amount or the aggregate of the amounts paid to the Territory in connection with the property as bears the same proportion to that lastmentioned amount, or that aggregate, as the case requires, as the interest of the person in the property bears to the interest that the person would have if the person were the sole owner of or the only person beneficially entitled to the property.

Part 6Financial
Division 6.1 Investment board

Establishment of board
The Public Trustee and Guardian Investment Board is established.
Function of board
The function of the board is to advise the public trustee and guardian on the investment of money that is from time to time in a common fund or otherwise in the hands of the public trustee and guardian and available for investment.
NoteA provision of a law that gives an entity a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act 2001, s 196 and dict, pt 1, def of entity).
Membership of board
(1)The board consists of—
(a)the public trustee and guardian; and
(b)at least 2 other members appointed by the Minister.
NoteFor laws about appointments, see the Legislation Act, pt 19.3.
(2)A member mentioned in subsection (1) (b) must be appointed for a term of not longer than 3 years.
NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act 2001, s 208 and dict , pt 1, def of appoint).
Senior member of board
The public trustee and guardian shall be the senior member of the board.
Ending board member appointments
(1)This section applies to a board member other than the public trustee and guardian.
(2)The Minister may end the member’s appointment—
(a)if the member contravenes a territory law; or
(b)for misbehaviour; or
(c)if the member becomes bankrupt or personally insolvent; or
NoteBankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.
(d)if the member is convicted, or found guilty, in Australia of an offence punishable by imprisonment for at least 1 year; or
(e)if the member is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or
(f)if the member exercises the member’s functions other than in accordance with section 53A (Honesty, care and diligence of board members); or
(g)if the member fails to take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the member’s functions; or
(h)if the member contravenes section 53D (Disclosure of interests by board members); or
(i)if the member is absent from 3 consecutive meetings of the board, otherwise than on approved leave; or
(j)for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions.
NoteA person’s appointment also ends if the person resigns (see Legislation Act, s 210).
(3)The Minister may also end the appointment of the member (the member concerned) if the board tells the Minister in writing that it has resolved, by a majority of at least 2/3 of the members, to recommend to the Minister that the member’s appointment be ended.
(4)The board may pass a resolution mentioned in subsection (3) only if—
(a)at least 3 weeks written notice of the intention to consider the proposed resolution has been given to the member concerned; and
(b)the member concerned has been given an opportunity to make submissions and present documents to a meeting of the board; and
(c)if the member concerned has used the opportunity mentioned in paragraph (b)—a summary of the member’s submissions is recorded in the minutes of the board and a copy of any documents presented is included in the minutes.
(5)A member who is a public servant ceases to hold office as a member if the member ceases to be a public servant.

53AHonesty, care and diligence of board members
In exercising the functions of a board member, a member must exercise the degree of honesty, care and diligence required to be exercised by a director of a corporation in relation to the affairs of the corporation.

53BConflict of interest
A board member must take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the member’s functions.

53CAgenda to require disclosure of interest item
The agenda for each meeting of the board must include an item requiring any material interest in an issue to be considered at the meeting to be disclosed to the meeting.

53DDisclosure of interests by board members
(1)If a board member has a material interest in an issue being considered, or about to be considered, by the board, the member must disclose the nature of the interest at a board meeting as soon as practicable after the relevant facts come to the member’s knowledge.
NoteMaterial interest is defined in s (4). The definition of indirect interest in s (4) applies to the definition of material interest.

(2)The disclosure must be recorded in the board’s minutes and, unless the board otherwise decides, the member must not—
(a)be present when the board considers the issue; or
(b)take part in a decision of the board on the issue.
Example
Albert, Boris and Chloe are members of the board. They have an interest in an issue being considered at the board meeting and they disclose the interest as soon as they become aware of it. Albert’s and Boris’s interests are minor but Chloe has a direct financial interest in the issue.
The board considers the disclosures and decides that because of the nature of the interests:
· Albert may be present when the board considers the issue but not take part in the decision
· Boris may be present for the consideration and take part in the decision.
The board does not make a decision allowing Chloe to be present or take part in the board’s decision. Accordingly, since Chloe has a material interest she cannot be present for the consideration of the issue or take part in the decision.
(3)Any other board member who also has a material interest in the issue must not be present when the board is considering its decision under subsection (2).
(4)In this section:
associate, of a person, means—
(a)the person’s business partner; or
(b)a close friend of the person; or
(c)a family member of the person.
executive officer, of a corporation, means a person (however described) who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation.
indirect interest—without limiting the kinds of indirect interests a person may have, a person has an indirect interest in an issue if any of the following has an interest in the issue:
(a)an associate of the person;
(b)a corporation if the corporation has not more than 100 members and the person, or an associate of the person, is a member of the corporation;
(c)a subsidiary of a corporation mentioned in paragraph (b);
(d)a corporation if the person, or an associate of the person, is an executive officer of the corporation;
(e)the trustee of a trust if the person, or an associate of the person, is a beneficiary of the trust;
(f)a member of a firm or partnership if the person, or an associate of the person, is a member of the firm or partnership;
(g)someone else carrying on a business if the person, or an associate of the person, has a direct or indirect right to participate in the profits of the business.
material interest—a board member has a material interest in an issue if the member has—
(a)a direct or indirect financial interest in the issue; or
(b)a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the member’s functions in relation to the board’s consideration of the issue.

53EReporting of disclosed interests to Minister
(1)Within 3 months after the day a material interest is disclosed under section 53D (1), the senior member of the board must report to the Minister in writing about—
(a)the disclosure; and
(b)the nature of the interest disclosed; and
(c)any decision by the board under section 53D (2).
(2)The senior member must also give the Minister, not later than 31 days after the end of each financial year, a statement that sets out the information given to the Minister in reports under subsection (1) that relate to disclosures made during the previous financial year.
(3)The Minister must give a copy of the statement to the relevant Assembly committee within 31 days after the day the Minister receives the statement.

Notices to be given to public trustee and guardian
(1)Where an application is made to the court by a person other than the public trustee and guardian for an order—
(a)directing that a sum of money be paid to the public trustee and guardian; or
(b)vesting property in the public trustee and guardian; or
(c)appointing the public trustee and guardian as trustee, executor, administrator, manager or guardian;
the court shall not make an order unless—
(d)the public trustee and guardian consents to the order being made; or
(e)the applicant has served on the public trustee and guardian a notice informing the public trustee and guardian of the application and a period of 14 days has elapsed after the service of the notice.
(2)Where the court makes an order of a kind referred to in subsection (1), the applicant shall, within 28 days after the order is made, serve on the public trustee and guardian—
(a)a sealed copy of the order; and
(b)a statement of any property affected by the order.
Maximum penalty: 2 penalty units.
(3)A statement relating to property referred to in subsection (2) shall—
(a)specify the place at which the property is situated; and
(b)specify the person by whom the property is held; and
(c)contain details of any liabilities existing in respect of the property; and
(d)contain such other details (if any) as are prescribed.
Costs in legal proceedings
(1)Where, in proceedings in which the public trustee and guardian is a party or is in any way interested, the public trustee and guardian is represented by a legal practitioner who is a public servant, the public trustee and guardian is entitled to the same costs and allowances as if the public trustee and guardian had been represented by a legal practitioner who was not a public servant.
(2)Where, in proceedings in which the public trustee and guardian is a party or is in any way interested, the person for the time being holding the office of public trustee and guardian, being a legal practitioner, appears in person, the public trustee and guardian is entitled to the same costs and allowances as if the public trustee and guardian had been represented by another person who was a legal practitioner.
Costs arising out of certain applications
Where the public trustee and guardian applies under the Administration Act for the grant of probate of the will, or administration of the estate, of a deceased person—
(a)the public trustee and guardian is entitled to the costs of the public trustee and guardian of and incidental to the application out of the estate of the deceased person; and
(b)the public trustee and guardian is not liable for the costs of any other person.
Jurisdiction of court
Jurisdiction to hear and determine applications under this Act is vested in the court.
Certain covenants void
A covenant, stipulation or condition contained in a mortgage—
(a)whereby the money secured by the mortgage becomes due and payable; or
(b)whereby a power of sale or entry into possession becomes exercisable; or
(c)adversely affecting, or likely to affect adversely, the estate or interest of the mortgagor;
in the event of the public trustee and guardian becoming entitled, in any capacity, to administer the estate of the mortgagor or of the estate of the mortgagor coming under the control of the public trustee and guardian, is null and void.
Lien in respect of insurance premiums
(1)Where the public trustee and guardian pays a premium in respect of a policy of insurance relating to—
(a)property the subject of an estate or trust being administered by the public trustee and guardian; or
(b)property of which the public trustee and guardian is manager;
the public trustee and guardian shall have a lien on moneys paid out under the policy for the amount of premium so paid.
(2)The lien is a statutory interest to which the Personal Property Securities Act 2009 (Cwlth), section 73 (2) applies.
Manner of giving notices
A document that is required or permitted by this Act to be given to or served on a person by the public trustee may be given or served by sending it by post to the person at the last-known place of residence of that person.
Evidence
(1)Where the public trustee and guardian is acting in any of the capacities in which the public trustee and guardian is, under this Act, authorised to act, a certificate under the seal of the public trustee and guardian stating—
(a)the capacity in which the public trustee and guardian is authorised to act; and
(b)the manner in which the public trustee and guardian became authorised to act in that capacity; and
(c)the time at which the public trustee and guardian became authorised to act in that capacity; and
(d)that the real or personal property described in the certificate is property in respect of which the public trustee and guardian may, while acting in that capacity, exercise powers;
is evidence of the matters so stated.
(2)Where the public trustee and guardian is executor or administrator of, or is authorised by law to administer, the estate of a deceased person, a certificate under the seal of the public trustee and guardian stating any of the following matters:
(a)the name of the deceased;
(b)the home address of the deceased at the time of death;
(c)the occupation of the deceased immediately prior to death;
(d)the nature or form of the authority under which the public trustee and guardian is administering the estate;
(e)the date of granting of the authority referred to in paragraph (d);
(f)the manner in which the public trustee and guardian became authorised to administer the estate;
(g)the time at which the public trustee and guardian became authorised to administer the estate;
is evidence of the matters so stated.
(3)Where the public trustee and guardian is acting jointly with another person in any capacity, a certificate under the seal of the public trustee and guardian stating, in connection with the authority of the public trustee and guardian and that other person to act jointly in that capacity—
(a)the matters referred to in subsection (1); or
(b)any of the matters referred to in subsection (2);
is evidence of the matters so stated.
Determination of fees and charges
(1)The Minister may determine fees and charges for this Act.
NoteThe Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees and charges (see pt 6.3).
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Regulation-making power
The Executive may make regulations for this Act.
NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
·     appoint
·     bankrupt or personally insolvent
·     establish
·     exercise
·     found guilty
·     function
·     home address
·     liability
·     month
·     power
·     public servant
·     tribunal
·     will.

Administration Act means the Administration and Probate Act 1929.
board means the Public Trustee and Guardian Investment Board established under section 46.
common fund means a common fund established under section 55.
court means the Supreme Court.
deputy public trustee and guardian means a deputy public trustee and guardian under section 6.
domestic partner, for part 5 (Unclaimed property)—see section 33A.
member means a member of the board.
person under disability means a person who has not attained full age or a person who is of unsound mind or incapable.
public trustee and guardian means—
(a)the public servant who is the public trustee and guardian under section 5; or
(b)the public trustee and guardian in its corporate capacity under section 8.
senior member means the senior member of the board.

Endnotes

About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key

A = Act NI = Notifiable instrument

AF = Approved form o = order

am = amended om = omitted/repealed

amdt = amendment ord = ordinance

AR = Assembly resolution orig = original

ch = chapter par = paragraph/subparagraph

CN = Commencement notice pres = present

def = definition prev = previous

DI = Disallowable instrument (prev...) = previously

dict = dictionary pt = part

disallowed = disallowed by the Legislative r = rule/subrule

Assembly reloc = relocated

div = division renum = renumbered

exp = expires/expired R[X] = Republication No

Gaz = gazette RI = reissue

hdg = heading s = section/subsection

IA = Interpretation Act 1967 sch = schedule

ins = inserted/added sdiv = subdivision

LA = Legislation Act 2001 SL = Subordinate law

LR = legislation register sub = substituted

LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced

mod = modified/modification or to be expired

Legislation history
The Public Trustee and Guardian Act 1985 was originally a Commonwealth ordinance—the Public Trustee Ordinance 1985 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989‑21, s 5 on 11 May 1989 (self-government day). The Act was later renamed by the Protection of Rights (Services) Legislation Amendment Act 2016 A2016-1 (see s 41).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 25).
Legislation before becoming Territory enactment
Public Trustee and Guardian Act 1985 A1985‑8
notified 8 March 1985
s 1, s 2 commenced 8 Mar 1985
remainder commenced 28 October 1985 (Cwlth Gaz 1985 No G42)
as amended by
Magistrates Court Ordinance 1985 Ord1985‑67
notified 19 December 1985
commenced 1 February 1986 (Cwlth Gaz 1986 No G3)
Administrative Arrangements (Consequential Amendments) Ordinance 1987 Ord1987‑37 s 6
notified 24 July 1987
s 6 commenced 24 July 1987
Self-Government (Consequential Amendments) Ordinance 1989 Ord1989‑38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and Cwlth Gaz 1989 No S164)
Remuneration (Miscellaneous Amendments) Ordinance 1989 Ord1989‑50 sch
notified 10 May 1989
commenced 10 May 1989
Legislation after becoming Territory enactment
Statutory Authorities (Audit Arrangements) Act 1990 A1990‑25 pt 13
notified 22 June 1990 (Gaz 1990 No S29)
s 1, s 2 commenced 22 June 1990 (s 2 (1))
pt 13 commenced 22 June 1990 (s 2 (2) and Gaz 1990 No S35)
Public Trustee (Amendment) Act 1991 A1991‑21
notified 10 May 1991 (Gaz 1991 No S36)
commenced 10 May 1991 (s 2)
Public Trustee (Amendment) Act (No 2) 1991 A1991‑91
notified 24 December 1991 (Gaz 1991 No S155)
commenced 24 December 1991
Workers’ Compensation (Consequential Amendments) Act 1991 A1991-106 sch
notified 15 January 1992 (Gaz 1991 No S3)
s 1, s 2 commenced 15 January 1992 (s 2 (1))
sch pt 1 commenced 22 January 1992 (s 2 (2) and see Gaz 1992 No S9)
Statute Law Revision (Miscellaneous Provisions) Act 1992 A1992‑23 sch 1
notified 4 June 1992 (Gaz 1992 No S71)
sch 1 commenced 4 June 1992
Acts Revision (Position of Crown) Act 1993 A1993‑44 sch 2
notified 27 August 1993 (Gaz 1993 No S165)
commenced 27 August 1993 (s 2)
Statute Law Revision (Penalties) Act 1994 A1994‑81 sch
notified 29 November 1994 (Gaz 1994 No S253)
s 1, s 2 commenced 29 November 1994 (s 2 (1))
sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)
Statutory Offices (Miscellaneous Provisions) Act 1994 A1994‑97 sch pt 1
notified 15 December 1994 (Gaz 1994 No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))
sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)
Financial Management and Audit (Consequential and Transitional Provisions) Act 1996 A1996‑26 sch pt 29
notified 1 July 1996 (Gaz 1996 No S130)
commenced 1 July 1996 (s 2)
Public Trustee (Amendment) Act 1996 A1996‑63
notified 3 December 1996 (Gaz 1996 No S321)
commenced 3 December 1996 (s 2)
Remuneration Tribunal (Consequential Amendments) Act 1997 A1997‑41 sch 1 (as am by A2002‑49 amdt 3.222)
notified 19 September 1997 (Gaz 1997 No S264)
commenced 24 September 1997 (s 2 as am by A2002‑49 amdt 3.222)
Legal Practitioners (Consequential Amendments) Act 1997 A1997‑96 sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch 1 commenced 1 June 1998 (s 2 (2))
Trustee (Amendment) Act 1999 A1999‑28 sch
notified 21 May 1999 (Gaz 1999 No S24)
commenced 21 May 1999 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 317
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 317 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2001 (No 2) 2001 No 56 pt 3.44
notified 5 September 2001 (Gaz 2001 No S65)
commenced 5 September 2001 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2002 A2002‑27 pt 11
notified LR 9 September 2002
s 1, s 2 commenced 9 September 2002 (LA s 75)
pt 11 commenced 7 October 2002 (s 2 (2))
Statute Law Amendment Act 2002 (No 2) A2002‑49 amdt 3.222
notified LR 20 December 2002
s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))
amdt 3.222 taken to have commenced 24 September 1997 (s 2 (3))
NoteThis Act only amends the Remuneration Tribunal (Consequential Amendments) Act 1997 A1997‑41 .
Justice and Community Safety Legislation Amendment Act 2003 A2003-2 pt 16
notified LR 3 March 2003
s 1, s 2 commenced 3 March 2003 (LA s 75 (1))
pt 16 commenced 31 March 2003 (s 2 (2))

Sexuality Discrimination Legislation Amendment Act 2004 A2004-2 sch 1 pt 1.13
notified LR 18 February 2004
s 1, s 2 commenced 18 February 2004 (LA s 75 (1))
sch 1 pt 1.13 commenced 22 March 2004 (s 2 and CN2004-4)

Financial Management Legislation Amendment Act 2005 A2005-52 sch 1 pt 1.18
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 1 pt 1.18 commenced 1 January 2006 (s 2 (2))
Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.21
notified LR 1 December 2005
s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))
sch 1 pt 1.21 commenced 22 December 2005 (s 2 (4))
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.82
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.82 commenced 12 April 2007 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2008 A2008-7 sch 1 pt 1.18
notified LR 16 April 2008
s 1, s 2 commenced 16 April 2008 (LA s 75 (1))
sch 1 pt 1.18 commenced 7 May 2008 (s 2)
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.45
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.45 commenced 26 August 2008 (s 2)
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.59
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 3 pt 3.59 commenced 17 December 2009 (s 2)
Personal Property Securities Act 2010 A2010-15 sch 2 pt 2.4
notified LR 1 April 2010
s 1, s 2 commenced 1 April 2010 (LA s 75 (1))
sch 2 pt 2.4 commenced 30 January 2012 (s 2 (2) (b))
Justice and Community Safety Legislation Amendment Act 2010 (No 2) A2010-30 sch 1 pt 1.20
notified LR 31 August 2010
s 1, s 2 commenced 31 August 2010 (LA s 75 (1))
s 3 commenced 1 September 2010 (s 2 (1))
sch 1 pt 1.20 commenced 28 September 2010 (s 2 (2))
Justice and Community Safety Legislation Amendment Act 2010 (No 4) A2010-50 sch 1 pt 1.8
notified LR 14 December 2010
s 1, s 2 commenced 14 December 2010 (LA s 75 (1))
sch 1 pt 1.8 commenced 21 December 2010 (s 2 (1))
Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.32
notified LR 22 November 2011
s 1, s 2 commenced 22 November 2011 (LA s 75 (1))
sch 1 pt 1.32 commenced 1 March 2012 (s 2 (1) and see Evidence Act 2011 A2011‑12, s 2 and CN2012-4)
Justice and Community Safety Legislation Amendment Act 2012 A2012‑30 sch 1 pt 1.4
notified LR 13 June 2012
s 1, s 2 commenced 13 June 2012 (LA s 75 (1))
sch 1 pt 1.4 commenced 14 June 2012 (s 2)
Justice and Community Safety Legislation Amendment Act 2014 A2014‑17 sch 1 pt 1.9
notified LR 13 May 2014
s 1, s 2 taken to have commenced 25 November 2013 (LA s 75 (2))
sch 1 pt 1.9 commenced 14 May 2014 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2014 (No 2) A2014‑49 pt 7
notified LR 10 November 2014
s 1, s 2 commenced 10 November 2014 (LA s 75 (1))
pt 7 commenced 17 November 2014 (s 2)
Justice and Community Safety Legislation Amendment Act 2015 A2015‑11 sch 1 pt 1.8
notified LR 20 May 2015
s 1, s 2 commenced 20 May 2015 (LA s 75 (1))
sch 1 pt 1.8 commenced 21 May 2015 (s 2 (1))
Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.56
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.56 commenced 14 October 2015 (s 2)
Protection of Rights (Services) Legislation Amendment Act 2016 A2016‑1 pt 3
notified LR 23 February 2016
s 1, s 2 commenced 23 February 2016 (LA s 75 (1))
pt 3 commenced 1 April 2016 (s 2)
Protection of Rights (Services) Legislation Amendment Act 2016 (No 2) A2016‑13 sch 1 pt 1.34
notified LR 16 March 2016
s 1, s 2 commenced 16 March 2016 (LA s 75 (1))
sch 1 pt 1.34 commenced 1 April 2016 (s 2 and see Protection of Rights (Services) Legislation Amendment Act 2016 A2016-1 s 2)
Red Tape Reduction Legislation Amendment Act 2016 A2016‑18 sch 3 pt 3.36
notified LR 13 April 2016
s 1, s 2 commenced 13 April 2016 (LA s 75 (1))
sch 3 pt 3.36 commenced 27 April 2016 (s 2)
Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.23
notified LR 23 February 2017
s 1, s 2 commenced 23 February 2017 (LA s 75 (1))
sch 3 pt 3.23 commenced 9 March 2017 (s 2)
COVID-19 Emergency Response Legislation Amendment Act 2020 A2020-14 sch 1 pt 1.25
notified LR 13 May 2020
s 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))
amdt 1.120, amdt 1.121 commenced 11 August 2020 (s 2 (4) and CN2020-14)
sch 1 pt 1.25 remainder commenced 14 May 2020 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2021 A2021-3 pt 16
notified LR 19 February 2021
s 1, s 2 commenced 19 February 2021 (LA s 75 (1))
pt 16 commenced 26 February 2021 (s 2 (1))
Courts and Other Justice Legislation Amendment Act 2021 A2021-13 pt 9
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
pt 9 commenced 9 December 2021 (s 2 (2) and LA s 79)
Operational Efficiencies (COVID-19) Legislation Amendment Act 2021 A2021-24 pt 10
notified LR 13 October 2021
s 1, s 2 taken to have commenced 8 October 2021 (LA s 75 (2))
pt 10 commenced 14 October 2021 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2021 (No 2) A2021-33 pt 16
notified LR 10 December 2021
s 1, s 2 commenced 10 December 2021 (LA s 75 (1))
pt 16 commenced 11 December 2021 (s 2 (6) (b))
Legislation (Legislative Assembly Committees) Amendment Act 2022 A2022-4 sch 1 pt 1.19
notified LR 30 March 2022
s 1, s 2 commenced 30 March 2022 (LA s 75 (1))
sch 1 pt 1.19 commenced 6 April 2022 (s 2)

Amendment history
Long title
long titlesub A2016‑1 s 40
Name of Act
s 1sub A2005‑52 amdt 1.247; A2016‑1 s 41
Dictionary
s 2om A2001‑44 amdt 1.3501
ins A2005‑52 amdt 1.250
Notes
s 3om A1993‑44 sch 2
ins A2005‑52 amdt 1.250
Offences against Act—application of Criminal Code etc
s 3Ains A2017‑4 amdt 3.144
Administration Act definitions
s 4defs reloc to dict A2005‑52 amdt 1.249
sub A2005‑52 amdt 1.250
def barrister and solicitor om A1997‑96 sch 1
def public servant om Ord1989‑38 sch 1
The public trustee and guardian
pt 2 hdgsub A2016‑13 amdt 1.117
Administration
div 2.1 hdg(prev pt 2 div 1 hdg) renum R6 LA
Public trustee and guardian
s 5am Ord1987‑37
sub A1994‑97 sch pt 1; A2005‑52 amdt 1.251
am A2008‑7 amdt 1.70
sub A2016‑1 s 42
Deputy public trustee and guardian
s 6am Ord1987‑37
sub A1994‑97 sch pt 1; A2005‑52 amdt 1.251; A2008‑7 amdt 1.71; A2016‑1 s 42
am A2017‑4 amdt 3.145
Acting appointments
s 7am Ord1987‑37; A1992‑23 sch 1
om A1994‑97 sch pt 1
Public trustee and guardian a corporation sole
s 8 hdgam A2016‑1 s 61
s 8am A2005‑52 amdt 1.252; A2016‑1 s 43, s 61
Agent of public trustee and guardian
s 9 hdgam A2016‑1 s 61
s 9am A2016‑1 s 61; A2017‑4 amdt 3.145
Delegation by public trustee and guardian
s 9Ains A2016‑1 s 44
am A2020‑14 amdt 1.119
sub A2021‑24 s 23
Protection and liability of public trustee and guardian
div 2.2 hdg(prev pt 2 div 2 hdg) renum R6 LA
sub A2016‑13 amdt 1.118
Protection of public trustee and guardian etc from liability
s 10 hdgam A2016‑1 s 61
s 10sub A2005‑52 amdt 1.253
am A2016‑1 s 61
Protection of public trustee and guardian where mistake as to death etc
s 11 hdgam A2016‑1 s 61
s 11am A2016‑1 s 61; A2017‑4 amdt 3.146
Liability of public trustee and guardian
s 12 hdgam A2016‑1 s 61
s 12am Ord1989‑38 sch 1; A2016‑1 s 61; A2017‑4 amdt 3.147, amdt 3.148
Appointment of public trustee and guardian
pt 3 hdgam A2016‑1 s 61
Capacities in which public trustee and guardian may act
s 13 hdgam A2016‑1 s 61
s 13am A2016‑1 s 45, s 61; A2021-13 s 40
Appointment as person responsible for disposal of unclaimed deceased person
s 13Ains A2021-13 s 41
am A2021-33 s 26
General
div 3.1 hdg(prev pt 3 div 1 hdg) renum R6 LA
Public trustee and guardian may act jointly with another person
s 14 hdgam A2016‑1 s 61
s 14am A2016‑1 s 61; A2017‑4 amdt 3.149, amdt 3.150
Appointment of public trustee and guardian on order of court
s 15 hdgam A2016‑1 s 61
s 15am A2016‑1 s 61
Effect of appointment or election
s 16am A2016‑1 s 61; A2017‑4 amdt 3.151
Appointment of public trustee as trustee
div 3.2 hdg(prev pt 3 div 2 hdg) renum R6 LA
am A2016‑1 s 61
Appointment
s 17am A2016‑1 s 61; A2017‑4 amdt 3.151, amdt 3.152
Appointment of public trustee and guardian as sole trustee
s 18 hdgam A2016‑1 s 61
s 18am A2016‑1 s 61; A2017‑4 amdt 3.153
Vesting of property
s 19am A2016‑1 s 61
Appointment of public trustee and guardian as guardian or manager
div 3.3 hdgins A2016‑1 s 46
Application—div 3.3
s 19Ains A2016‑1 s 46
Other functions of public trustee and guardian as guardian or manager
s 19Bins A2016‑1 s 46
am A2016‑13 amdts 1.119-1.124
Guardian or manager of last resort
s 19Cins A2016‑1 s 46
Engagement of lawyer
s 19Dins A2016‑1 s 46
Powers and duties of public trustee and guardian
pt 4 hdgam A2016‑1 s 61
Powers of public trustee and guardian under Act additional to powers under other laws
s 20 hdgam A2016‑1 s 61
s 20am A2016‑1 s 61
Express powers of public trustee and guardian
s 21 hdgam A2016‑1 s 61
s 21am A2016‑1 ss 47-49, s 61
Wills
s 22am A2001‑44 amdt 1.3502; A2016‑1 s 61; A2021-3 s 36
Safe custody of documents and chattels
s 23am A2016‑1 s 61; A2016‑13 amdt 1.125
Public trustee and guardian register
s 23A hdgam A2016‑1 s 61
s 23Ains A2010‑50 amdt 1.16
am A2011‑48 amdt 1.49; A2016‑1 s 61
Legal representation
s 24 hdgsub A2016‑13 amdt 1.126
s 24am A1997‑96 sch 1; A2016‑1 s 61; A2016‑13 amdts 1.127-1.129; A2017‑4 amdt 3.154, amdt 3.155
Public trustee and guardian to report to ACAT
s 24Ains A2016‑13 amdt 1.130
Payment of money etc to public trustee and guardian on behalf of person under disability
s 25 hdgam A2016‑1 s 61
s 25am Ord1985‑67; A1991‑106 sch; A2003‑2 s 74, s 75; A2008‑28 amdt 3.141; A2012‑30 amdt 1.21; A2016‑1 s 61
Amounts etc paid by trustee for person under disability
s 25Ains A2003‑2 s 76
am A2012‑30 amdt 1.22, amdt 1.23; A2014‑17 amdt 1.105; A2015‑11 amdt 1.30; A2016‑1 s 61
Power of public trustee and guardian to sue self when acting in different capacities
s 26 hdgam A2016‑1 s 61
s 26am A2016‑1 s 61
Power of public trustee and guardian to contract with self in certain circumstances
s 27 hdgam A2016‑1 s 61
s 27am A2016‑1 s 61
Fees and expenses of public trustee and guardian
s 28 hdgam A2016‑1 s 61
s 28am A2001‑44 amdt 1.3503; A2016‑1 s 61
Payments to persons outside Australia
s 29am A2016‑1 s 61; A2017‑4 amdt 3.156
Payment of money without grant of administration
s 29Ains A2005‑60 amdt 1.120
sub A2008‑7 amdt 1.72
am A2016‑1 s 61; A2016‑18 amdt 3.169, amdt 3.170
Dealings with other public trustees
s 30am A2016‑1 ss 50-54, s 61
Unclaimed moneys
s 31am Ord1989‑38 sch 1; A2016‑1 s 61
Allowance of claims
s 32am A2016‑1 s 61; A2016‑18 amdt 3.171, amdt 3.172
Dispute involving claims
s 33am A2014‑17 amdt 1.106; A2015‑33 amdt 1.198, amdt 1.199; A2016‑1 s 61
Meaning of domestic partner for pt 5
s 33Ains A2004‑2 amdt 1.39
Application for appointment as manager of property
s 34am A2016‑1 s 61
Election to become manager of property
s 35am A2016‑1 s 61
Public notice of appointment or election
s 36sub A2015‑33 amdt 1.200
am A2016‑1 s 61
Property does not vest in public trustee and guardian as manager
s 37 hdgam A2016‑1 s 61
s 37am A2016‑1 s 61
Powers of public trustee and guardian as manager
s 38 hdgam A2016‑1 s 61
s 38am A2004‑2 amdt 1.40; A2016‑1 s 61
Application for directions and sale of property in special circumstances
s 39am A2004‑2 amdts 1.41-1.43; A2016‑1 s 61
Management of certain moneys by public trustee and guardian
s 40 hdgam A2016‑1 s 61
s 40am A2016‑1 s 61
Property to be held for owner
s 41am A2016‑1 s 61
Charge over property
s 42am A2016‑1 s 61
Disposal of property
s 43am Ord1989‑38 sch 1; A2015‑33 amdt 1.201; A2016‑1 s 61
Cessation of management
s 44am Ord1989‑38 sch 1; A2016‑1 s 61
Claims made after cessation of management
s 45am Ord1989‑38 sch 1; A2016‑1 s 61
Investment board
div 6.1 hdg(prev pt 6 div 1 hdg) renum R6 LA
Establishment of board
s 46am A2016‑1 s 55
sub A2017‑4 amdt 3.157
Function of board
s 47am A1999‑28 sch
sub A2002‑27 s 38
am A2016‑1 s 61
Membership of board
s 48am Ord1987‑37; A1994‑97 sch pt 1
sub A2002‑27 s 39
am A2016‑1 s 61; A2022-4 amdt 1.71
Senior member of board
s 49am A2016‑1 s 61
Acting members
s 50am Ord1987‑37; A1992‑23 sch 1
om A2005‑52 amdt 1.254
Remuneration and allowances
s 51sub Ord1989‑50 sch
om A1997‑41 sch 1
Resignation
s 52am Ord1987‑37
om A2005‑52 amdt 1.254
Ending board member appointments
s 53am Ord1987‑37
sub A2005‑52 amdt 1.255
am A2010‑30 amdt 1.59; A2016‑1 s 61
Honesty, care and diligence of board members
s 53Ains A2005‑52 amdt 1.255
Conflict of interest
s 53Bins A2005‑52 amdt 1.255
Agenda to require disclosure of interest item
s 53Cins A2005‑52 amdt 1.255
Disclosure of interests by board members
s 53Dins A2005‑52 amdt 1.255
Reporting of disclosed interests to Minister
s 53Eins A2005‑52 amdt 1.255
am A2022-4 amdt 1.72, amdt 1.73
Protection of board members from liability
s 53Fins A2005‑52 amdt 1.255
Indemnification and exemption of board members
s 53Gins A2005‑52 amdt 1.255
am A2016‑1 s 61
Board meetings
div 6.2 hdgorig div 6.2 hdg renum as div 6.3 hdg
ins A2005‑52 amdt 1.256
Time and place of board meetings
s 54am Ord1987‑37; A2002‑27 s 40
sub A2005‑52 amdt 1.256
Presiding member at meetings
s 54Ains A2005‑52 amdt 1.256
Quorum at meetings
s 54Bins A2005‑52 amdt 1.256
Voting at meetings
s 54Cins A2005‑52 amdt 1.256
Conduct of meetings etc
s 54Dins A2005‑52 amdt 1.256
am A2008‑28 amdt 3.142
Common funds
div 6.3 hdg(prev pt 6 div 2 hdg and then div 6.2 hdg) am A1999‑28 sch
renum R6 LA
renum as div 6.3 hdg A2005‑52 amdt 1.257
Establishment of common funds etc
s 55am A1999‑28 sch; A2016‑1 s 61
Investment of money held in common funds
s 56am A1999‑28 sch; A2002‑27 s 41; A2016‑1 s 61
Investment of money not held in common funds
s 57am A1999‑28 sch; A2002‑27 s 42; A2016‑1 s 61
Withdrawal of money from common funds
s 58am A1999‑28 sch; A2002‑27 s 43; A2016‑1 s 61
Distribution of capital and income
s 59sub A1999‑28 sch; A2002‑27 s 44; A2016‑1 s 61
Management fee
s 59Ains A1991‑21 s 3
am A1996‑63 s 4; A1999‑28 sch; A2001‑44 amdt 1.3504, amdt 1.3505; A2016‑1 s 61
Income accounts
s 60am A1996‑63 s 5
sub A1999‑28 sch
am A2002‑27 s 45, s 46
ss renum LA R7 (see also A2002‑27 s 47)
am A2016‑1 s 61
Common fund guarantee and reserve account
s 61am A1996‑63 s 6; A1999‑28 sch; A2001‑44 amdt 1.3506; A2002‑27 ss 48-50; A2016‑1 s 61
Directions of board about investments
s 62sub A2001‑56 amdt 3.473
om A2002‑27 s 51
Application of surplus funds
s 63am A1996‑63 s 7; A1999‑28 sch
sub A2002‑27 s 52
am A2016‑1 s 61; A2016‑13 amdt 1.131
Advances from common funds
s 64am A1999‑28 sch; A2002‑27 s 53, s 54; A2016‑1 s 61
Advances to beneficiaries
s 65am A1999‑28 sch; A2002‑27 s 55, s 56; A2016‑1 s 61
Audit
pt 6 div 3 hdg ins A1990‑25 s 16
om A1996‑26 sch pt 29
Use and disclosure of protected information
s 65Ains A1990‑25 s 16
am A1991‑91 s 3
om A1996‑26 sch pt 29
ins A2016‑1 s 56
Financial reporting and audit
s 65Bins A1990‑25 s 16
om A1996‑26 sch pt 29
Public trustee and guardian may require information or documents
s 66 hdgam A2016‑1 s 61
s 66am A2007‑3 amdt 3.436
om A2008‑7 amdt 1.73
ins A2014‑49 s 19
am A2016‑1 s 61; A2016‑13 amdt 1.131; A2020‑14 amdt 1.120, amdt 1.121; A2021-3 s 37, s 38
Notices to be given to public trustee and guardian
s 67 hdgam A2016‑1 s 61
s 67am A1994‑81 sch; A2016‑1 s 61
Costs in legal proceedings
s 68am A1997‑96 sch 1; A2016‑1 s 61
Costs arising out of certain applications
s 69am A2016‑1 s 61
Certain covenants void
s 71am A2016‑1 s 61
Lien in respect of insurance premiums
s 72am A2010‑15 amdt 2.4; A2016‑1 s 61
Evidence
s 74am A2009‑49 amdt 3.145; A2016‑1 s 61; A2017‑4 amdt 3.158, amdt 3.159
Determination of fees and charges
s 75am Ord1987‑37
sub A2001‑44 amdt 1.3507
am A2017‑4 amdt 3.160
Regulation-making power
s 76am Ord1987‑37; Ord1989‑38 sch 1
sub A2001‑44 amdt 1.3508
Dictionary
dictins A2005‑52 amdt 1.258
am A2009‑49 amdt 3.146; A2010‑30 amdt 1.60; A2012‑30 amdt 1.24; A2017‑4 amdt 3.161
def Administration Act reloc from s 4 A2005‑52 amdt 1.249
def board reloc from s 4 A2005‑52 amdt 1.249
sub A2016‑1 s 57; A2017‑4 amdt 3.162
def common fund am A1999‑28 sch
reloc from s 4 A2005‑52 amdt 1.249
def court reloc from s 4 A2005‑52 amdt 1.249
def deputy public trustee sub A1994‑97 sch pt 1
reloc from s 4 A2005‑52 amdt 1.249
am A2008‑7 amdt 1.74
om A2016‑1 s 58
def deputy public trustee and guardian ins A2016‑1 s 59
def domestic partner ins A2004‑2 amdt 1.38
reloc from s 4 A2005‑52 amdt 1.249
def member reloc from s 4 A2005‑52 amdt 1.249
def person under disability reloc from s 4 A2005‑52 amdt 1.249
def public trustee sub A1994‑97 sch pt 1; A2005‑52 amdt 1.248
reloc from s 4 A2005‑52 amdt 1.249
sub A2016‑1 s 60
om A2016‑13 amdt 1.132
def public trustee and guardian ins A2016‑13 amdt 1.133
def senior member reloc from s 4 A2005‑52 amdt 1.249

Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No Amendments to Republication date

1 A1991‑91 31 May 1991

2 A1992‑23 31 August 1992

3 A1994‑97 28 February 1995

4 A1996‑63 31 December 1996

5 A1999‑28 31 July 1999

6 A2001‑56 31 January 2002

7 A2002‑27 7 October 2002

7 (RI) A2002‑27 ‡ 13 February 2003

8 A2003‑2 31 March 2003

9 A2004‑2 22 March 2004

10 A2005‑60 22 December 2005

11 A2005‑60 1 January 2006

12 A2007‑3 12 April 2007

13* A2008‑7 7 May 2008

14 A2008‑28 26 August 2008

15 A2009‑49 17 December 2009

16 A2010‑30 28 September 2010

17 A2010‑50 21 December 2010

18 A2010‑50 30 January 2012

19 A2011‑48 1 March 2012

20 A2012‑30 14 June 2012

21 A2014-17 14 May 2014

22 A2014-49 17 November 2014

23 A2015-11 21 May 2015

24 A2015‑33 14 October 2015

25 A2016-13 1 April 2016

26 A2016-18 27 April 2016

27 A2017‑4 9 March 2017

28 A2020‑14 14 May 2020

29 A2020‑14 11 August 2020

30 A2021‑3 26 February 2021

31 A2021‑24 14 October 2021

32 A2021‑24 9 December 2021

33 A2021‑33 11 December 2021

‡ includes retrospective amendments by A2002‑49

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

Republication No	Amendments to	Republication date
1	A1991‑91	31 May 1991
2	A1992‑23	31 August 1992
3	A1994‑97	28 February 1995
4	A1996‑63	31 December 1996
5	A1999‑28	31 July 1999
6	A2001‑56	31 January 2002
7	A2002‑27	7 October 2002
7 (RI)	A2002‑27 ‡	13 February 2003
8	A2003‑2	31 March 2003
9	A2004‑2	22 March 2004
10	A2005‑60	22 December 2005
11	A2005‑60	1 January 2006
12	A2007‑3	12 April 2007
13*	A2008‑7	7 May 2008
14	A2008‑28	26 August 2008
15	A2009‑49	17 December 2009
16	A2010‑30	28 September 2010
17	A2010‑50	21 December 2010
18	A2010‑50	30 January 2012
19	A2011‑48	1 March 2012
20	A2012‑30	14 June 2012
21	A2014-17	14 May 2014
22	A2014-49	17 November 2014
23	A2015-11	21 May 2015
24	A2015‑33	14 October 2015
25	A2016-13	1 April 2016
26	A2016-18	27 April 2016
27	A2017‑4	9 March 2017
28	A2020‑14	14 May 2020
29	A2020‑14	11 August 2020
30	A2021‑3	26 February 2021
31	A2021‑24	14 October 2021
32	A2021‑24	9 December 2021
33	A2021‑33	11 December 2021
‡ includes retrospective amendments by A2002‑49