Untitled document
State Trustees (Amendment) Act 1998
Act No. 15/1998
TABLE OF PROVISIONS
Section Page
1. Purposes 1 2. Commencement 2 3. Amendment of State Trustees (State Owned Company) Act 1994 2 4. Amendment of Accident Compensation Act 1985 2 5. Amendment of Administration and Probate Act 1958 4 6. Transitional for State Trustees powers 5
30E. Transitional for certain State Trustees powers 5 7. New provision inserted in Administration and Probate Act
1958 6
34A. Application for administration of estate administered by
a creditor 6
8. Amendment of County Court Act 1958 7 Division 2A—Administration of children's funds 7
39B. Court orders relating to administration of children's
funds 7
9. Amendment of Magistrates' Court Act 1989 9 Division 1A—Administration of children's funds 9
101A. Court orders relating to administration of children's
funds 9
10. Amendment of Ombudsman Act 1973 11 11. Amendment of Supreme Court Act 1986 11 Division 4A—Administration of children's funds 12
51A. Court orders relating to administration of children's
funds 12
12. Amendment of Transport Accident Act 1986 13
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NOTES 15
i
Victoria
No. 15 of 1998
State Trustees (Amendment) Act 1998†
[Assented to 28 April 1998]
The Parliament of Victoria enacts as follows:
1. Purposes
The purposes of this Act are—
(a)
to amend the State Trustees (State Owned Company) Act 1994; and
(b)
to make consequential amendments to the Accident Compensation Act 1985, the Administration and Probate Act 1958, the County Court Act 1958, the Magistrates' Court Act 1989, the Ombudsman Act 1973, the Supreme Court Act 1986 and the Transport Accident Act 1986.
State Trustees (Amendment) Act 1998
Act No. 15/1998 s. 2
2. Commencement
(1) This section and section 1 come into operation on
the day on which this Act receives the Royal
Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.(3) If a provision referred to in sub-section (2) does not come into operation before 1 August 1998, it comes into operation on that day.
3. Amendment of State Trustees (State Owned Company) Act 1994
Sections 6, 7 and 11 of the State Trustees (State
Owned Company) Act 1994 are repealed.
4. Amendment of Accident Compensation Act 1985
(1) In section 130(1) of the Accident Compensation
Act 1985—
(a) for "the State Trust Corporation of Victoria" (where first occurring) substitute "a trustee company determined by the Court or the Authority (as the case requires)";
(b) for "State Trust Corporation of Victoria" "trustee company".
(2) After section 130(1) of the Accident Compensation Act 1985 insert—
"(1A) If the Court or Authority determines under sub-section (1) that State Trustees (within the meaning of the State Trustees (State Owned Company) Act 1994) administer payments of compensation, State Trustees must accept a transfer of the amount of
compensation to be administered and the acceptance of that amount is a sufficient
State Trustees (Amendment) Act 1998
| s. 4 | Act No. 15/1998 |
discharge to the person transferring that
amount.".
(3) For section 131(1) of the Accident
Compensation Act 1985 substitute—
"(1) Except as otherwise provided in section 130,
any money administered by a trustee
company determined under that section may
be invested in any manner in which money
may be invested under the Trustee Act 1958
and may be applied in any manner that the
trustee company considers appropriate for
the benefit of the person entitled to thatmoney.".
(4) Section 131(2) of the Accident Compensation
Act 1985 is repealed.
(5) For section 131(4) of the Accident
Compensation Act 1985 substitute—
"(4) If the amount of money administered onbehalf of any person by a trustee company determined under section 130 becomes less than an amount determined by the trustee
company, the amount shall be paid out by
the trustee company to that person.
(5) A trustee company must, within a reasonable
period of time before paying out an amount under sub-section (4), give written notice to the person entitled to the money of its
intention to pay out that amount.
(6) A person entitled to money under this
section who objects to a determination of the trustee company made under sub-section (4) may appeal to the County Court and the
Court may make a new determination.".
(6) Section 132(1) of the Accident Compensation
Act 1985 is repealed.
State Trustees (Amendment) Act 1998
s. 4
s. 5
Act No. 15/1998
(7) In section 132(2) of the Accident Compensation
Act 1985—
(a) for "State Trust Corporation of Victoria" company determined under section 130";
(b)
in paragraph (a), for "State Trust Corporation of Victoria" (where twice occurring) substitute "trustee company".
(8) For section 132(3) of the Accident
Compensation Act 1985 substitute—
"(3) A dependant may apply to the trustee
company to vary any determination made
under sub-section (2) if the dependant
believes that the dependant is inadequately
provided for or the circumstances of the
dependant or other dependants have
changed, and the trustee company may make
any determination it considers appropriate
for the variation of the earlierdetermination.".
(9) For section 132(5) of the Accident
Compensation Act 1985 substitute—
"(5) A dependant who objects to anydetermination of the trustee company made under this section may appeal to the County Court and the Court may make a new
determination.".
5. Amendment of Administration and Probate Act 1958
In the Administration and Probate Act 1958—
State Trustees (Amendment) Act 1998
Act No. 15/1998
(a)
in section 15, for "State Trust" substitute "State Trustees";
(b) in section 24A(2)—
(i) for "State Trustees" (where first occurring) substitute "a trustee company";
(ii) for "State Trustees" (where secondly company";
(c) section 30B is repealed;
(d) in section 35(1)—(i) in paragraph (a), for "the State Trust or to some person" substitute "a trustee company or any other person";
(ii) in paragraph (b), for "the State Trust or some person or trustee company" substitute "a trustee company or any other person";
(e)
in section 35(2), for "sub-sections (3) and (4) of the last preceding section" substitute "section 34(3) and (4)";
(f)
in section 57(4), for "State Trust" substitute "State Trustees".
6. Transitional for State Trustees powers
After section 30D of the Administration and
Probate Act 1958 insert—
"30E. Transitional for certain State Trustees
powers
Despite the repeal of section 30B, that section as in force immediately before the
State Trustees (Amendment) Act 1998
Act No. 15/1998 s. 7
commencement of section 6 of the State to apply to State Trustees in respect of any action taken by State Trustees in accordance with that section before that commencement.".
7. New provision inserted in Administration and Probate Act 1958
After section 34 of the Administration and
Probate Act 1958 insert—"34A. Application for administration of estate administered by a creditor
(1) If a grant of administration of the property or estate of a deceased person has been granted to a creditor, a trustee company or any other person interested in the estate may apply to the Court for the removal of the creditor and
the appointment of the trustee company or
another person instead.(2) An application under sub-section (1) must be
supported by an affidavit stating why it
would be beneficial to any person interested
in the estate that the creditor be removed and
the trustee company or another person be
appointed.
(3) If a grant of administration of the property or estate of a deceased person has been granted to a creditor and the creditor has any
property in his or her hands for at least 12 months after payment of creditors or for at least 3 years after the grant of administration
(whether creditors have been paid or not), a
trustee company or any other person
interested in the estate may apply to the
Court for the removal of the creditor and the
State Trustees (Amendment) Act 1998
| s. 8 | Act No. 15/1998 |
appointment of the trustee company or
another person instead.(4) On being satisfied that a creditor should be removed under this section, the Court may order the removal of such creditor from the position of administrator and appoint the
trustee company or another person named in
the order administrator in place of the
creditor so removed on such terms and
conditions as the Court thinks fit and may
make all necessary orders for vesting the
estate in the new administrator and as to
accounts and such order for costs as theCourt thinks fit.
(5) Upon the appointment of a new
administrator under sub-section (4), the
provisions in section 34(3) and (4) apply so
far as appropriate as if repeated in thissection.".
8. Amendment of County Court Act 1958
After section 39A of the County Court Act 1958 insert—
"Division 2A—Administration of children's
funds
39B. Court orders relating to administration of
children's funds
(1) If in any civil proceedings before the court it is adjudged or ordered that money be paid to a child (whether or not that child is a party to a cause or matter) the money—
(a) is to be paid into court; and
(b)
unless the court otherwise orders, is to be paid out to an administrator specified by the court.
State Trustees (Amendment) Act 1998
Act No. 15/1998 s. 8 (2) If any money, not being money to which
sub-section (3) applies—
(a) is paid into court—
(i) before the commencement of this section; or
(ii) section in accordance with a
judgment or order entered or madeafter the commencement of this section; and
(b)
the money is being held in court on behalf of a child—
the court may by order direct that the money
be paid out to an administrator specified in
the order.(3) If the court adjudges or orders that property (whether real or personal) be delivered up or transferred to a child (whether or not that
child is a party to a cause or matter), the
court—
(a) may order that the property be administrator specified in the order; and
(b)
may give any directions for the service of the order on the administrator as it thinks fit.
(4) If an order under sub-section (3) is served on
State Trustees within the meaning of the State Trustees (State Owned Company) Act 1994, State Trustees must accept delivery or transfer of the property to which the order relates and the acceptance of the property is a sufficient discharge to the person delivering or transferring the property.
State Trustees (Amendment) Act 1998
| s. 9 | Act No. 15/1998 |
(5) A copy of any order made under this section
must be given by the administrator to the Guardianship and Administration Board established under the Guardianship and
Administration Board Act 1986 and thePublic Advocate appointed under that Act.
(6) An order of the court under this section that
money be paid out to an administrator has effect as if it were an administration order under the Guardianship and
Administration Board Act 1986 and, subject to the order of the court, the administrator has all the powers and duties of an administrator referred to in Divisions 3 and 3A of Part 5 of that Act.".
9. Amendment of Magistrates' Court Act 1989
After section 101 of the Magistrates' Court Act
1989 insert—
"Division 1A—Administration of children's
funds
101A. Court orders relating to administration of
children's funds
(1) If in any civil proceedings before the Court it is adjudged or ordered that money be paid to a child (whether or not that child is a party to a cause or matter) the money—
(a) is to be paid into court; and
(b) unless the Court otherwise orders, is to be paid out to an administrator specified by the Court. (2) If any money, not being money to which
sub-section (3) applies—
(a) is paid into court—
State Trustees (Amendment) Act 1998
Act No. 15/1998 s. 9 (i) before the commencement of this section; or
(ii) section in accordance with a
judgment or order entered or madeafter the commencement of this section; and
(b)
the money is being held in court on behalf of a child—
the Court may by order direct that the money
be paid out to an administrator specified in
the order.(3) If the Court adjudges or orders that property (whether real or personal) be delivered up or transferred to a child (whether or not that
child is a party to a cause or matter), the
Court—
(a) may order that the property be administrator specified in the order; and
(b)
may give any directions for the service of the order on the administrator as it thinks fit.
(4) If an order under sub-section (3) is served on
State Trustees within the meaning of the State Trustees (State Owned Company) Act 1994, State Trustees must accept delivery or transfer of the property to which the order relates and the acceptance of the property is a sufficient discharge to the person delivering or transferring the property.
(5) A copy of any order made under this section
must be given by the administrator to the Guardianship and Administration Board
State Trustees (Amendment) Act 1998
s. 10
| s. 11 | Act No. 15/1998 |
established under the Guardianship and Administration Board Act 1986 and the Public Advocate appointed under that Act.
(6) An order of the Court under this section that
money be paid out to an administrator has effect as if it were an administration order under the Guardianship and
Administration Board Act 1986 and, subject to the order of the Court, the administrator has all the powers and duties of an administrator referred to in Divisions 3 and 3A of Part 5 of that Act.".
10. Amendment of Ombudsman Act 1973
(1) In section 2 of the Ombudsman Act 1973—
(a) in the definition of "Public Statutory Body", after "members" insert "and includes State Trustees"; (b) after the definition of "Public Statutory ' "State Trustees" means the company
described as State Trustees in the State Act 1994 while that company is a company a majority of shares in which is held by or on behalf of the State;'.
(2) After section 13(2) of the Ombudsman Act 1973
insert—
"(2A) Despite sub-section (3)(c), the Ombudsman
may, subject to this Act, enquire into or
investigate any administrative action taken
by State Trustees.".
11. Amendment of Supreme Court Act 1986
After section 51 of the Supreme Court Act 1986 insert—
State Trustees (Amendment) Act 1998
Act No. 15/1998
"Division 4A—Administration of children's
funds
51A. Court orders relating to administration of
children's funds
(1) If in any civil proceedings before the Court it is adjudged or ordered that money be paid to a child (whether or not that child is a party to a cause or matter) the money—
(a) is to be paid into court; and
(b) unless the Court otherwise orders, is to be paid out to an administrator specified by the Court. (2) If any money, not being money to which
sub-section (3) applies—
(a) is paid into court—
(i) before the commencement of this section; or
(ii) section in accordance with a
judgment or order entered or madeafter the commencement of this section; and
(b)
the money is being held in court on behalf of a child—
the Court may by order direct that the money
be paid out to an administrator specified in
the order.(3) If the Court adjudges or orders that property (whether real or personal) be delivered up or transferred to a child (whether or not that
child is a party to a cause or matter), the
Court—
State Trustees (Amendment) Act 1998
s. 11
| s. 12 | Act No. 15/1998 |
(a) may order that the property be administrator specified in the order; and
(b)
may give any directions for the service of the order on the administrator as it thinks fit.
(4) If an order under sub-section (3) is served on
State Trustees within the meaning of the State Trustees (State Owned Company) Act 1994, State Trustees must accept delivery or transfer of the property to which the order relates and the acceptance of the property is a sufficient discharge to the person delivering or transferring the property.
(5) A copy of any order made under this section
must be given by the administrator to the Guardianship and Administration Board established under the Guardianship and
Administration Board Act 1986 and thePublic Advocate appointed under that Act.
(6) An order of the Court under this section that
money be paid out to an administrator has effect as if it were an administration order under the Guardianship and
Administration Board Act 1986 and, subject to the order of the Court, the administrator has all the powers and duties of an administrator referred to in Divisions 3 and 3A of Part 5 of that Act.".
12. Amendment of Transport Accident Act 1986
State Trustees (Amendment) Act 1998
Act No. 15/1998
(1) In section 59(4) of the Transport Accident Act
1986—
(a) for "the State Trustees" (where first determined by the Commission";
(b)
for "State Trustees" (where secondly occurring) substitute "trustee company".
(2) After section 59(4) of the Transport Accident
Act 1986 insert—
"(4A) If the Commission determines under sub- section (4) that a death benefit under sub- section (1) be paid to State Trustees within
the meaning of the State Trustees (State must accept payment of the amount of the benefit and the acceptance of that amount is a sufficient discharge to the person transferring that amount.".
(3) In section 59(5) of the Transport Accident Act
1986—
(a)
for "State Trustees" (where first occurring) substitute "trustee company";
(b)
for "State Trustees" (where secondly occurring) substitute "trustee company".
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State Trustees (Amendment) Act 1998
| Notes | Act No. 15/1998 |
NOTES
†
Minister's second reading speech—
Legislative Assembly: 19 March 1998
Legislative Council: 8 April 1998
The long title for the Bill for this Act was "to amend the State Trustees
(State Owned Company) Act 1994, to make consequential amendments
to other Acts and for other purposes."
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