{"id":"public-trustee-act-1995","name":"Public Trustee Act 1995","slug":"public-trustee-act-1995","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106463,"registerId":"sa-public-trustee-act-1995-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Trustee Act 1995","content":"South Australia\nPublic Trustee Act 1995\nAn Act to provide for the office and functions of the Public Trustee; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Office of Public Trustee\n4\tPublic Trustee\n5\tFunctions and powers\n6\tMinisterial control\n7\tExecution of documents\n8\tDelegations\nPart 3—Appointment as administrator, trustee etc\n9\tAdministration of deceased estate\n10\tPublic Trustee need not give security\n11\tNo action to be instituted after Public Trustee has obtained administration\n12\tAdministrator pendente lite\n13\tAdministration of trust estate\n14\tAppointment as executor or trustee\n15\tAppointment of Public Trustee by executors, administrators or trustees\n16\tAppointment by court as trustee of amount of judgment etc\n17\tCustodian trustee\n18\tPower of attorney continues despite subsequent legal incapacity\nPart 4—Administration of estates\n19\tPayments to or from executors etc elsewhere in Australia or in New Zealand\n20\tPublic Trustee must require delivery or transfer of property to which Public Trustee is entitled\n21\tCourt may summons administrator etc on application of Public Trustee\n22\tResult of disobedience to summons\n23\tPublic Trustee to give notice to beneficiary entitled to property\n24\tAdministration of Public Trustee may be referred to Court\n25\tPublic Trustee may make advances for purposes of administration\n26\tPublic Trustee to keep accounts in respect of estates etc\nPart 5—Investment of estate funds and common funds\n27\tInvestment of estate funds\n28\tMoney from several estates may be invested as one fund\n29\tCommon funds\n30\tAccounts, audits and reports in respect of common funds\n31\tInformation for investors or prospective investors in common fund\nPart 6—Unclaimed property\n32\tPublic Trustee's duties with respect to unclaimed money or land\n33\tProvision for parties subsequently claiming to apply to Court etc\n34\tAppointment as manager of unclaimed property\n35\tPowers of Public Trustee as manager\n36\tPublic Trustee to have discretion as to exercise of powers as manager\n37\tPublic Trustee may apply to Court for directions\n38\tMoney to be invested in common fund\n39\tRemuneration and expenses of Public Trustee\n40\tProperty managed by Public Trustee to be held for owner\n41\tTermination of management\n42\tTransfer of unclaimed property to Crown\nPart 7—Financial and other provisions\n43\tExpenditure of money on land\n44\tFee for administering perpetual trust\n45\tGeneral provision relating to Public Trustee's charges\n45A\tRecovery of GST\n46\tADI accounts, investment and overdraft\n47\tTax and other liabilities of Public Trustee\n48\tDividends\n49\tResponsibility of Government for acts of Public Trustee\n50\tAccounts and external audit\n51\tAnnual reports\n52\tDeposit of certain wills and other documents with Public Trustee\n53\tCertificate by Public Trustee of appointment to act\n54\tIndemnity to persons having dealings with Public Trustee\n54A\tMatters to consider when deciding whether to appoint Public Trustee as litigation guardian\n55\tRegulations and fee notices\nSchedule 1—Transitional provisions\n1\tInterpretation\n2\tPublic Trustee\n3\tCourt orders etc continued\n4\tAppointments to continue\n5\tCatherine Helen Spence Memorial Fund\n6\tCommon funds\n7\tAccounts\nLegislative history\nAppendix—Divisional penalties and expiation fees\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Public Trustee Act 1995.\n3—Interpretation\nIn this Act—\nadministration, in relation to a deceased person, means all letters of administration of the effects of the person, whether with or without a will annexed, and whether granted for general, special, or limited purposes, and administrator, in relation to a deceased person, has a corresponding meaning;\ncommon fund means a common fund established by the Public Trustee under Part 5;\nCourt means the Supreme Court of South Australia;\ndeliver property includes pay money;\ndomestic partner, in relation to a deceased person, means—\n\t(a)\ta person declared under the Family Relationships Act 1975 to have been the domestic partner of that person as at the date of the deceased person's death; or\n\t(b)\ta person who was in a registered relationship with the deceased person as at the date of the deceased person's death;\nestate under the control of the Public Trustee includes any property administered or managed by, or under the control of, the Public Trustee as trustee, executor, administrator (whether or not in relation to a deceased person) or in any other capacity authorised under this or any other Act, but does not include money deposited with the Public Trustee for the purpose only of investment in a common fund;\ninvestor means an estate or person on whose behalf money is invested in the common fund;\nPublic Trustee means the person holding or acting in the office of Public Trustee under Part 2;\nregistered relationship means a relationship that is registered under the Relationships Register Act 2016, and includes a corresponding law registered relationship under that Act;\nspouse, in relation to a deceased person, means a person who was legally married to the deceased as at the date of his or her death;\ntrustee includes a bare trustee or custodian trustee;\nwill includes codicil.\nNote—\nFor definition of divisional penalties (and divisional expiation fees) see Appendix.\nPart 2—Office of Public Trustee\n4—Public Trustee\n\t(1)\tThere is to be a Public Trustee.\n\t(2)\tThe Public Trustee is to be an employee in the Public Service of the State appointed to the office of Public Trustee by the Governor.\n\t(3)\tThe office of Public Trustee may be held in conjunction with a position in the Public Service.\n\t(4)\tThe Public Trustee—\n\t(a)\tis a body corporate; and\n\t(b)\thas perpetual succession and a common seal; and\n\t(c)\tis capable of suing and being sued; and\n\t(d)\tis an instrumentality of the Crown and holds property on behalf of the Crown; and\n\t(e)\thas the functions and powers assigned or conferred by or under this or any other Act.\n\t(5)\tThe Minister may assign an employee in the Public Service to act as the Public Trustee—\n\t(a)\tduring a vacancy in the office of Public Trustee; or\n\t(b)\twhen the Public Trustee is absent from, or unable to discharge, official duties.\n5—Functions and powers\n\t(1)\tSubject to this Act, the Public Trustee has the powers of a natural person.\n\t(2)\tThe Public Trustee may, for example—\n\t(a)\tact as a trustee, executor of a will, administrator of an estate (whether or not of a deceased person), manager, receiver, committee, curator, guardian, next friend, agent, attorney or stakeholder; or\n\t(b)\tact in any other capacity provided for under this or any other Act.\n\t(3)\tThe Public Trustee may, with the approval of the Court, act in the same matter or transaction in different capacities or in the same capacity but as representative of different persons or interests and, in so doing, may commence and maintain proceedings against the Public Trustee.\n\t(4)\tThe Court may, in granting its approval, give directions to the Public Trustee.\n6—Ministerial control\n\t(1)\tThe Public Trustee is subject to control and direction by the Minister on matters of policy.\n\t(2)\tA direction may not be given so as to affect the efficient discharge of the Public Trustee's duties at law or in equity.\n\t(3)\tThe Public Trustee must, at the request of the Minister, report to the Minister on a specified matter.\n\t(4)\tThe Public Trustee must not, in a report to the Minister, divulge information in breach of a confidence placed in the Public Trustee by a client.\n7—Execution of documents\nA document apparently bearing the common seal of the Public Trustee will be presumed, in the absence of proof to the contrary, to have been duly executed by the Public Trustee.\n8—Delegations\n\t(1)\tThe Public Trustee may delegate any of the Public Trustee's functions or powers—\n\t(a)\tto a person employed in the Public Service; or\n\t(b)\tto the person for the time being occupying a specified position in the Public Service.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not prevent the delegator from acting in any matter.\nPart 3—Appointment as administrator, trustee etc\n9—Administration of deceased estate\n\t(1)\tThe Court may make an order (an administration order) granting administration of the estate of a deceased person to the Public Trustee, or authorising the Public Trustee to administer the estate of a deceased person—\n\t(a)\tif, in the opinion of the Court—\n\t(i)\tthe deceased has died bankrupt or insolvent; or\n\t(ii)\ta creditor would be entitled to obtain administration of the estate or to institute an action for the administration of the estate,\n(and if, in such a case, probate or administration has been granted to a person other than the Public Trustee, the Court may revoke the probate or administration without prejudice to any proceedings taken or act done under it); or\n\t(b)\tif the deceased has died wholly or partially intestate, leaving property within this State, but not leaving a spouse, domestic partner or next of kin resident in the State who is of or above 18 years of age; or\n\t(c)\tif—\n\t(i)\tthe deceased has made a will without leaving an executor resident in this State willing to act and capable of acting in the execution of the will; and\n\t(ii)\tthere is no person of or above 18 years of age in this State entitled to obtain administration with the will annexed; or\n\t(d)\tif the deceased has made a will and appointed an executor but probate of the will has not been obtained within four months from the death of the deceased; or\n\t(e)\tif no person entitled to obtain administration (with or without a will annexed) obtains it within three months after the death of the deceased; or\n\t(f)\tif probate or administration has been granted to a person who desires to retire from the office of executor or administrator (and, in such a case, the Court may revoke the probate or administration without prejudice to any proceedings taken or act done under it); or\n\t(g)\tif—\n\t(i)\tthe estate or portion of it is liable to waste, of a perishable nature or in danger of being lost or destroyed, or great loss or expense may be incurred by reason of delay; and\n\t(ii)\tthe executor, person entitled to administration (with the will annexed), spouse, domestic partner or next of kin—\n\t(A)\tis absent from the locality of the estate; or\n\t(B)\tis not known; or\n\t(C)\thas not been found; or\n\t(D)\tis unfit or incapable; or\n\t(h)\tif an executor, or person entitled to administration, requests the Public Trustee, in writing, to apply for an order under this section; or\n\t(i)\tif part of an estate, already partly administered, is unadministered owing to the death, incapacity, insolvency, disappearance or absence from the State of the executor or administrator.\n\t(2)\tIf it appears to the Court—\n\t(a)\tthat there is reasonable ground to suppose that a person has died leaving property within this State; and\n\t(b)\tthat the person died intestate or without a will duly proved within a reasonable time after death,\nthe Court may, without requiring strict proof of death, make an administration order authorising the Public Trustee to administer the person's estate for the benefit of the person's creditors and for the discharge of the person's liabilities as if the person were dead.\n\t(3)\tAn application for an administration order may be made by—\n\t(a)\tthe Public Trustee; or\n\t(b)\ta person interested in the estate (including a creditor); or\n\t(c)\ta guardian or blood relation of a person under 18 years of age interested in the estate.\n\t(4)\tAn administration order may be obtained either without notice or after notice has been given as directed by the Court.\n\t(5)\tThe Court may revoke an administration order and order—\n\t(a)\tthat probate be granted to an executor entitled to probate of the will of the deceased, or that letters of administration with the will annexed be granted to any person entitled to them;\n\t(b)\tthat property from a deceased person's estate vested in or under the control of the Public Trustee be transferred or delivered to a person or persons entitled to it, whether in trust or beneficially.\n\t(6)\tRevocation of an administration order is without prejudice to any proceedings taken or act done under it.\n\t(7)\tAn administration order of a kind referred to in subsection (2) may not be revoked unless the Court is satisfied that special circumstances of the case and lapse of time since the making of the order justify the revocation.\n\t(8)\tIf an order is made authorising the Public Trustee to administer the estate of a deceased person, the Public Trustee will be taken to be the administrator of the estate for the purposes of any other Act but subject to the provisions of the other Act.\n10—Public Trustee need not give security\nThe Public Trustee need not, on obtaining administration, enter into a bond or give any security.\n11—No action to be instituted after Public Trustee has obtained administration\nSubject to this Act, after the grant of administration to the Public Trustee, or the making of an order authorising the Public Trustee to administer the estate of a deceased person, no person may institute an action or other proceeding for the administration of the estate, and any such action or proceeding previously commenced will, on the application of the Public Trustee, be stayed on such terms as the Court thinks fit.\n12—Administrator pendente lite\n\t(1)\tThe Court may appoint the Public Trustee to be the administrator of the estate of a deceased person until an action relating to the validity of the will of the deceased, or for obtaining or revoking a grant of probate or administration, is determined.\n\t(2)\tIf appointed as administrator under this section, the Public Trustee is subject to control and direction by the Court in the administration of the estate.\n13—Administration of trust estate\n\t(1)\tThe Court may, on the application of a person holding property in trust for any person or purpose, make an order authorising the Public Trustee to receive and administer the property.\n\t(2)\tThe order may be made whenever or however the trust may have been created or arisen.\n\t(3)\tThe Court may order that the costs and expenses of and incidental to the application be paid from the trust property, or by the person making the application, and, if the property is held in trust for public or charitable purposes, may, if it thinks fit, direct that no Court fees are payable.\n14—Appointment as executor or trustee\n\t(1)\tA person may appoint the Public Trustee, either solely or jointly with another person or persons, to be executor or trustee of his or her will or to be trustee of a settlement or other disposition of trust property made by the person.\n\t(2)\tThe Public Trustee must accept such an appointment unless granted permission to refuse by the Court on the ground that the nature of the trusts and the duties to be performed make it undesirable that the Public Trustee should act.\n\t(3)\tIf the Court grants permission, it may make such other provision as may be appropriate in the circumstances for the administration of the estate or trust property.\n\t(4)\tIf the Public Trustee is appointed executor or trustee jointly with another person, the Public Trustee has sole authority—\n\t(a)\tto receive money and hold money on account of the estate or trust; and\n\t(b)\tto give valid receipts for money paid to the estate or trust; and\n\t(c)\tto make payments from the estate or trust.\n15—Appointment of Public Trustee by executors, administrators or trustees\n\t(1)\tWith the consent of the Court—\n\t(a)\texecutors may, unless expressly prohibited, appoint the Public Trustee sole executor; and\n\t(b)\tadministrators may, unless expressly prohibited, appoint the Public Trustee sole administrator; and\n\t(c)\ttrustees (whether appointed by or under a will, settlement, declaration of trust or in any other way) may, unless expressly prohibited and despite the terms of the trust as to the number of trustees, appoint the Public Trustee sole trustee in their place.\n\t(2)\tExecutors whose duties continue in the nature of a trusteeship after completion of their administration will, for the purpose of subsection (1), be taken to be trustees.\n\t(3)\tAn application may be made for consent under this section by less than the full number of the executors, administrators or trustees but the Court may not give its consent if there is another executor, administrator or trustee willing and, in the opinion of the Court, suitable to act.\n\t(4)\tAn application may be made under this section by an executor before or after proving the will.\n\t(5)\tThe Public Trustee may be appointed under this section without the need to obtain the consent of any person whose consent to the appointment would, apart from this subsection, be required.\n\t(6)\tThis section is in addition to and does not derogate from section 14 of the Trustee Act 1936.\n\t(7)\tThis section applies to executors, administrators or trustees appointed before or after the commencement of this Act.\n16—Appointment by court as trustee of amount of judgment etc\n\t(1)\tIf a court orders the delivery or transfer of property to a person, the court may direct that the property be delivered or transferred to the Public Trustee on behalf of that person.\n\t(2)\tThe Public Trustee must accept delivery or transfer of the property (and the acceptance is a sufficient discharge to the person delivering or transferring the property).\n\t(3)\tThe Public Trustee must hold the property on trust to apply it, and its income, in the manner and for the benefit of persons as the court may from time to time direct.\n\t(4)\tSubject to direction by the court, the Public Trustee has all the rights and powers, and must undertake all the duties and liabilities, of a trustee (subject to this Act) in relation to the property.\n\t(5)\tIn this section—\ncourt means any court, or person acting judicially, exercising jurisdiction either within or outside the State.\n17—Custodian trustee\n\t(1)\tThe Public Trustee may be appointed to be custodian trustee of a trust—\n\t(a)\tby order of the Court made on the application of a beneficiary or of a person on whose application the Court may order the appointment of a new trustee; or\n\t(b)\tby the instrument constituting the trust; or\n\t(c)\tby any person authorised to appoint new trustees.\n\t(2)\tAn order may be made by the Court or an appointment made by a person authorised to appoint new trustees whenever or however the trust may have been created or arisen.\n\t(3)\tOn appointment of a custodian trustee—\n\t(a)\tthe trust property must be transferred to the custodian trustee as if that trustee were sole trustee, and for that purpose orders may be made by the Court vesting the property in the custodian trustee; and\n\t(b)\tthose persons who would, if there were no custodian trustee, be the sole trustees of the trust have the management of the trust property; and\n\t(c)\tas between the custodian trustee and the managing trustees (without prejudice to the rights of any other persons) the custodian trustee will have the custody of all securities and documents of title relating to the trust property, but the managing trustees will have free access to them and be entitled to take copies of or extracts from them.\n\t(4)\tSubject to subsection (5), the custodian trustee must do all things necessary to enable the managing trustees to perform their functions and exercise their powers under the trust.\n\t(5)\tNothing in subsection (4) requires the custodian trustee to do anything that is a breach of trust or subjects the custodian trustee to a personal liability.\n\t(6)\tThe custodian trustee is not liable for any act or default of the managing trustees to which the custodian trustee has not consented.\n\t(7)\tAll money payable from the trust estate must be paid by the custodian trustee and all money payable to the trust estate must be paid to the custodian trustee or as that trustee directs.\n\t(8)\tIf the custodian trustee directs that trust property be delivered to the managing trustees or at their direction, the custodian trustee is not responsible for the application of that property or for its loss or misapplication.\n\t(9)\tThe custodian trustee does not have power to appoint a new trustee but is entitled to apply to the Court for the appointment of a new trustee in the circumstances in which the managing trustees could apply to the Court for that purpose.\n\t(10)\tOn application by the custodian trustee or any of the managing trustees or any beneficiary, the Court may—\n\t(a)\tterminate the custodian trusteeship; and\n\t(b)\tmake such vesting orders and give such directions as are necessary,\nif it is satisfied that—\n\t(c)\ttermination of the trusteeship is the wish of the majority of beneficiaries; or\n\t(d)\tthere are other reasons that make such an order expedient.\n\t(11)\tThe custodian trustee or the managing trustees may submit a dispute between them to the Court and the Court may determine the matters in dispute in such manner as it considers just.\n18—Power of attorney continues despite subsequent legal incapacity\nIf the donor of a power of attorney granted to the Public Trustee (whether before or after the commencement of this Act) ceases to have legal capacity—\n\t(a)\tthe Public Trustee may, subject to the terms on which the power of attorney was granted, continue to act under the power of attorney despite the donor's legal incapacity; but\n\t(b)\tthe power—\n\t(i)\tdetermines on appointment under an Act of an administrator or manager of the donor's property; and\n\t(ii)\tmay be revoked at any time by the Court.\nPart 4—Administration of estates\n19—Payments to or from executors etc elsewhere in Australia or in New Zealand\n\t(1)\tIf the Public Trustee has obtained an order to administer the estate in this State of a person who at the time of death was domiciled in another State or a Territory of the Commonwealth, or in New Zealand, the Public Trustee may pay over to the executor of the will or administrator of the estate in the place of domicile the balance of the estate after payment of debts in this State and charges provided for under this or any other Act, without seeing to the application of any money so paid and without incurring any liability in regard to the payment.\n\t(2)\tIf the person with duties similar to those of the Public Trustee in another State or a Territory of the Commonwealth, or in New Zealand, has obtained administration of the estate of a deceased person who at the time of death was domiciled in this State and whose estate in this State is being administered by the Public Trustee, the Public Trustee may receive the balance of the deceased's estate after payment of creditors and any charges provided for under the law of that place.\n20—Public Trustee must require delivery or transfer of property to which Public Trustee is entitled\n\t(1)\tThe Public Trustee must require administrators and other persons to deliver or transfer to the Public Trustee all property to which the Public Trustee becomes entitled under this Act.\n\t(2)\tFor the purpose of ascertaining whether an administrator or other person has possession of or is entitled to any property that should be so delivered or transferred, the Public Trustee may institute inquiries regarding the particulars of estates under administration, and held in trust, and may, by summons executed by the Public Trustee, require an administrator or other person to appear before the Public Trustee and answer all questions that may be put with reference to any estate.\n\t(3)\tThe Public Trustee must pay or tender to the person summoned the same amount as the person would have been entitled to had he or she been summoned as a witness to the Supreme Court.\n\t(4)\tAn administrator or other person who, after receiving a summons, fails to attend at the time and place specified in it, or who fails to answer truthfully questions put by or on behalf of the Public Trustee, is guilty of an offence.\nPenalty: Division 7 fine or division 7 imprisonment.\n21—Court may summons administrator etc on application of Public Trustee\n\t(1)\tIf—\n\t(a)\tan administrator or other person fails to deliver or transfer to the Public Trustee all property to which the Public Trustee is entitled; or\n\t(b)\tthe procedure in section 20 fails to elicit the particulars required,\nthe Court may, on the application of the Public Trustee, summon the administrator or other person, or any person who may be in possession of information relevant to the matters under investigation, to appear at a specified time and place for the purpose of being examined concerning the matters and to produce any books, papers, deeds or documents.\n\t(2)\tIf satisfied that the administrator or other person possesses or is entitled to any property that should be delivered or transferred to the Public Trustee, the Court may make—\n\t(a)\tan order requiring the administrator or other person to deliver or transfer all such property to the Public Trustee within a specified time;\n\t(b)\tan order as to costs against the administrator or other person.\n\t(3)\tAn order under subsection (2) may be made in the absence of the person summoned if the summons has been duly served.\n\t(4)\tIf the Court does not make an order as to costs, the costs and expenses will be paid by the administrator of the estate in respect of which the proceedings have been taken—\n\t(a)\tout of the general funds of the estate in priority to all other claims; or\n\t(b)\tif the Court so orders—out of a particular portion of the funds.\n22—Result of disobedience to summons\n\t(1)\tA person who—\n\t(a)\tafter being summoned to appear by the Court, fails (without reasonable excuse) to appear at the time and place specified in the summons; or\n\t(b)\ton appearing, refuses to be sworn or fails to answer a question put by or on behalf of the Public Trustee; or\n\t(c)\tafter being summoned to produce books, papers, deeds or documents, fails (without reasonable excuse) to produce them, or, if so required, to hand them over to the Public Trustee; or\n\t(d)\tdisobeys an order made by the Court on the hearing of the summons,\nis guilty of contempt of the Court.\n\t(2)\tThe Court may make an order for the arrest of the person in contempt, and for imprisonment, either for such period as the Court thinks fit or until the contempt is purged to the satisfaction of the Court.\n\t(3)\tThe Court may also order the person to pay the costs of the proceedings.\n23—Public Trustee to give notice to beneficiary entitled to property\nWhen a beneficiary is entitled to the transfer or delivery of property vested in or under the control of the Public Trustee, the Public Trustee must, when practicable, give notice to the beneficiary that he or she is entitled to the transfer or delivery of the property.\n24—Administration of Public Trustee may be referred to Court\n\t(1)\tThe Court may, on application by a person who has an interest in property for the time being administered by the Public Trustee, summon the Public Trustee to appear at a specified time and place for the purpose of answering allegations in the application.\n\t(2)\tThe Court may, after hearing the Public Trustee—\n\t(a)\tmake such order in relation to the conduct of the Public Trustee in the matter giving rise to the application as the Court thinks fit; and\n\t(b)\torder the Public Trustee to transfer or deliver property vested in or under the control of the Public Trustee to a person or persons named in the order.\n25—Public Trustee may make advances for purposes of administration\n\t(1)\tWhen the Public Trustee is administering an estate and property is vested in or under the control of the Public Trustee on account of the estate but there is insufficient money in the estate to make payments as authorised or required (whether to beneficiaries or creditors, for costs or expenses incurred in administering the estate or for any other purpose), the Public Trustee may advance and pay money on account of the estate as authorised or required (but no greater amount may be advanced and paid than the value of the property so vested in or under the control of the Public Trustee).\n\t(2)\tThe sums so advanced, with interest at a rate to be fixed by the Public Trustee from time to time in respect of all such sums, are a first charge on all property vested in or under the control of the Public Trustee on account of the estate.\n26—Public Trustee to keep accounts in respect of estates etc\n\t(1)\tThe Public Trustee must cause proper accounts to be kept of all estates under the Public Trustee's control, and of all dealings and transactions in relation to the estates.\n\t(2)\tThe Auditor-General may at any time and must in respect of each financial year audit the accounts kept by the Public Trustee under this section.\nPart 5—Investment of estate funds and common funds\n27—Investment of estate funds\nSubject to this and any other Act and the terms of a relevant instrument of trust or order of court, the Public Trustee must invest money comprising or forming part of an estate—\n\t(a)\tin a manner authorised by the instrument of trust; or\n\t(b)\tin a manner in which a trustee may lawfully invest trust money; or\n\t(c)\tin a common fund.\n28—Money from several estates may be invested as one fund\n\t(1)\tSubject to the terms of a relevant instrument of trust or order of court, the Public Trustee may invest money from more than one estate under the control of the Public Trustee as one fund in one or more investments.\n\t(2)\tWhere money from more than one estate is invested under subsection (1), the Public Trustee must—\n\t(a)\tkeep an account showing the current amount for the time being at credit in respect of each estate; and\n\t(b)\tafter deduction of charges—\n\t(i)\tdivide income arising from investment of the money between the estates in proportion to the amounts invested; and\n\t(ii)\tdivide profit or loss of a capital nature arising from investment of the money between the estates in proportion to the amounts invested.\n29—Common funds\n\t(1)\tThe Public Trustee may establish one or more common funds—\n\t(a)\tfor the investment of money comprising or forming part of an estate under the control of the Public Trustee;\n\t(b)\tfor the investment of money on behalf of other classes of persons approved by the Minister.\n\t(2)\tThe Public Trustee must determine the classes of investments in which a common fund may be invested and may vary the classes from time to time.\n\t(3)\tMoney may not be invested in a common fund unless the classes of investment in which that money could be invested on separate account are the same as, or include, the classes of investment in which the common fund may be invested.\n\t(4)\tThe Public Trustee must keep an account showing the current amount for the time being at credit in the common fund on account of each investor.\n\t(5)\tThe Public Trustee has a discretion to realise investments in which money from a common fund has been invested and to reinvest the money in investments of an appropriate class.\n\t(6)\tThe Public Trustee may withdraw from a common fund any amount at credit in the common fund on account of an estate—\n\t(a)\tfor the purpose of reinvestment; or\n\t(b)\tfor the purpose of defraying liabilities that are lawfully chargeable against that estate; or\n\t(c)\tfor the purpose of making a payment to a person who is beneficially entitled to that payment; or\n\t(d)\tfor the purpose of making any other payment in accordance with this or any other Act.\n\t(6a)\tThe Public Trustee may withdraw from a common fund an amount at credit in the fund on account of a class of persons referred to in subsection (1)(b) for the purpose of recovering commission, fees or expenses fixed by regulations as payable to the Public Trustee by persons of that class.\n\t(7)\tAfter deduction of charges—\n\t(a)\tincome arising from the investment of a common fund must be divided between the investors in proportion to the amounts invested; and\n\t(b)\tany profit or loss of a capital nature arising from investment of the fund must be divided between the investors in proportion to the amounts invested.\n\t(8)\tThe Public Trustee must value each common fund (including the investments in which the fund is invested) as at the last business day of each month and, if the Public Trustee thinks fit, as at such other times as may be appropriate according to the nature of the particular fund.\n\t(9)\tInvestments in and withdrawals from a common fund must be effected on the basis of the valuation last made under subsection (8).\n\t(10)\tThe Public Trustee may charge against each common fund a management fee fixed by the Public Trustee in respect of each month of the Public Trustee's management of the fund.\n\t(11)\tThe management fee charged against money invested in a common fund on account of an estate must not exceed one-twelfth of 1.2% of the value of the fund attributable to investment of the estate as at the last business day of the month.\n\t(12)\tThe Public Trustee may not increase a fee charged in respect of management of a common fund except after giving to each investor (other than an estate) not less than one month's notice in writing of the new fee.\n\t(13)\tNothing in this section limits or affects the operation of section 28.\n\t(14)\tMoney not otherwise held in trust by the Public Trustee is while invested in a common fund held by the Public Trustee in trust for the investor.\n30—Accounts, audits and reports in respect of common funds\n\t(1)\tThe Public Trustee must cause proper accounts to be kept in relation to each common fund.\n\t(2)\tThe Auditor-General may at any time and must in respect of each financial year audit the accounts kept by the Public Trustee under this section.\n\t(3)\tThe Public Trustee must include in the Public Trustee's annual report to the Minister for each financial year—\n\t(a)\tthe audited statement of accounts in respect of each common fund for that financial year; and\n\t(b)\tthe Auditor-General's report on those accounts; and\n\t(c)\tthe following investor information in respect of each common fund:\n\t(i)\tthe nature and amount or rate of any fee that the Public Trustee charges in respect of investment in the fund; and\n\t(ii)\tthe class of investments in which the fund may be invested; and\n\t(iii)\tthe extent (if any) to which a capital sum invested may be reduced to defray losses from investment of the fund; and\n\t(iv)\tthe rights of an investor in the fund to withdraw all or part of the person's investment in the fund and the period of notice (if any) that the investor is required to give the Public Trustee in respect of such withdrawal; and\n\t(v)\tthe terms governing distribution of income and profit or loss of a capital nature attributable to each investment in the fund.\n31—Information for investors or prospective investors in common fund\n\t(1)\tThe Public Trustee must, within four months after the end of each financial year, send to each investor (other than an estate) in a common fund an extract from the Public Trustee's annual report to the Minister for that financial year containing the information required under section 30(3).\n\t(2)\tThe Public Trustee must not accept money from a prospective investor (other than an estate) in a common fund unless the prospective investor has first been furnished with an extract from the Public Trustee's last annual report to the Minister containing the information required under section 30(3) together with any further information required to update the investor information contained in the report.\nPart 6—Unclaimed property\n32—Public Trustee's duties with respect to unclaimed money or land\n\t(1)\tIf the Public Trustee has, as at 1 July in any year, held money to the credit of a deceased estate for at least six years and has been unable to find a person beneficially entitled to the money, the Public Trustee must, within one month, pay the money to the Treasurer for the credit of the Consolidated Account.\n\t(2)\tIf the Public Trustee has held land for at least 20 years and has been unable to find a person beneficially entitled to or interested in the land, the Public Trustee may, with the permission of the Court, sell the land and pay the proceeds of sale (less costs and expenses) to the Treasurer for the credit of the Consolidated Account.\n33—Provision for parties subsequently claiming to apply to Court etc\n\t(1)\tIf at any time after unclaimed money has been paid to the Treasurer under this Part the Court is satisfied, on application by a person claiming to be entitled to the money, that the person is entitled to the money, the Court may—\n\t(a)\tmake an order for payment of the money less costs and expenses that have been incurred by the Public Trustee in respect of the application;\n\t(b)\tmake any other order that is just.\n\t(2)\tThe Treasurer must, on service of an order under this section, pay the money mentioned in the order to the person entitled to it.\n\t(3)\tNo interest is payable on the money by virtue of any such order or otherwise from the time it has been paid to the Treasurer.\n\t(4)\tDespite the preceding subsections, the Treasurer may, at any time, pay any such money to the Public Trustee on the certificate of the Public Trustee that the person or persons entitled to the money have been found.\n34—Appointment as manager of unclaimed property\n\t(1)\tThe Public Trustee may be appointed manager of property in this State if, after due inquiry, it has not been possible to find the owner of the property or an agent or administrator in this State with authority to take possession of and administer the property.\n\t(2)\tThe Court may appoint the Public Trustee as manager of property on application made without notice to any person by the Public Trustee and on being satisfied that the appointment is advisable—\n\t(a)\tin the interests of the owner of the property or of any other person; or\n\t(b)\tto secure the development or better utilisation of land.\n\t(3)\tNotice of the appointment must be published in the Gazette.\n\t(4)\tThe Court may, if it thinks fit, adjourn an application and order the Public Trustee to make further inquiries, publish advertisements or give notices as required by the Court in order to find the owner of the property or the owner's agent or administrator or to determine whether the property is subject to a trust.\n35—Powers of Public Trustee as manager\n\t(1)\tUnless the Court in a particular case otherwise orders, the Public Trustee, as manager of property under this Part, may—\n\t(a)\ttake or recover possession of the property, and recover all money, damages and mesne profits payable to the owner or the owner's agent or administrator in respect of the property (whether the payment became due before or after the Public Trustee became manager of the property);\n\t(b)\tapply the property, money, damages or mesne profits, or any part of or income from them, for the maintenance or education (including past maintenance or education) or the advancement or benefit, in such manner as the Public Trustee in the exercise of an absolute discretion thinks fit, of the spouse, domestic partner or children of the owner of the property or any other person who is or was dependent on the owner;\n\t(c)\tcomplete, carry out, perform or enforce in such manner as the Public Trustee thinks fit a contract affecting the property or entered into by the owner, and exercise powers conferred by any such contract;\n\t(d)\tpay, out of money received, advanced or borrowed by the Public Trustee in exercise of powers conferred by this Part, mortgages, charges or other obligations on or attaching to the property and debts or other liabilities of the owner of the property;\n\t(e)\tperform or discharge obligations or duties imposed by an Act or in any other manner on the owner of the property;\n\t(f)\tdo any act or thing necessary to obtain or perfect the title to the property;\n\t(g)\tin the case of land—cut and gather crops on the land and erect fences on or around the land or contribute to the erection of dividing or boundary fences;\n\t(h)\texercise a power of sale or other powers or rights conferred on the owner by a mortgage, lease, Act or instrument;\n\t(i)\tin the name of the owner, or in the Public Trustee's own name, bring an action or other proceeding relating to the property and defend, confess, compromise or submit to judgment in any action, claim, demand or proceeding relating to the property;\n\t(j)\texercise, as if the Public Trustee were the trustee of the property, all powers that a trustee could exercise without the consent of the Court under any Act or law;\n\t(k)\texercise in respect of the property any other power that may be conferred by the Court.\n\t(2)\tAll deeds and other documents executed by the Public Trustee as manager of property under this Part have effect and may be registered in all respects as if they were executed by the owner of the property.\n36—Public Trustee to have discretion as to exercise of powers as manager\n\t(1)\tThe Public Trustee is not obliged to take any steps or proceedings to obtain appointment as manager of any property under this Part.\n\t(2)\tIf the Public Trustee is manager of property under this Part, the Public Trustee has, subject to any direction of the Court, a complete discretion as to whether any of the powers under this Part are to be exercised and is not liable for anything done or omitted to be done in good faith in exercise of that discretion or of any such power.\n37—Public Trustee may apply to Court for directions\n\t(1)\tThe Public Trustee may, as manager of property under this Part, apply without notice to any person to the Court for directions concerning the property, or in respect of the management or administration of the property, or in respect of the exercise of a power or discretion as manager.\n\t(2)\tThe Court may order any such application to be served on such persons as it thinks fit.\n38—Money to be invested in common fund\nMoney for the time being held by the Public Trustee under this Part must be invested in a common fund.\n39—Remuneration and expenses of Public Trustee\n\t(1)\tExpenditure incurred by the Public Trustee as manager of property under this Part and all commission, fees, costs and expenses incurred by or payable to the Public Trustee as manager of property under this Part are a charge on the property that will come next in priority to any mortgage or charge to which the property was subject when the Public Trustee became manager.\n\t(2)\tThe amount for the time being so charged on the property bears interest at a rate fixed from time to time by the Public Trustee.\n40—Property managed by Public Trustee to be held for owner\nIf the Public Trustee, as manager under this Part, takes possession of property or receives or recovers money, damages or mesne profits in respect of any property, the property, money, damages or mesne profits must, after payment of all money authorised to be applied, expended or charged by the Public Trustee, be held by the Public Trustee for the owner of the property.\n41—Termination of management\n\t(1)\tThe Public Trustee ceases to be manager of a property under this Part on the happening of any of the following events:\n\t(a)\tif the Court so orders on application made by the owner of the property or by the owner's agent or administrator or by any person having an interest in the property or in any part of it;\n\t(b)\tif the Public Trustee publishes notice in the Gazette that the Public Trustee has ceased to be manager of the property under this Part;\n\t(c)\tif the Public Trustee transfers or delivers the property to the owner or the owner's agent or administrator.\n\t(2)\tThe termination of the Public Trustee's management of property under this Part does not affect a charge acquired by the Public Trustee under this Part or the validity of an act or thing done by the Public Trustee while manager of the property.\n\t(3)\tNo order can be made by the Court under this section without the consent of the Public Trustee until the Public Trustee has been paid all amounts to which the Public Trustee is entitled under this Part as manager of the property together with all costs incurred by the Public Trustee in connection with the application for the order.\n\t(4)\tOn the Public Trustee ceasing to be manager of property that remains in the Public Trustee's name or possession, the Public Trustee may transfer or deliver the property to the person entitled to it.\n42—Transfer of unclaimed property to Crown\n\t(1)\tIf, after 20 years from the date of the publication in the Gazette of the order by which the Public Trustee was appointed manager of any land, no person has established a claim to the land and the Public Trustee has not become aware of the existence and whereabouts of any person who has a claim to the land—\n\t(a)\tthe land vests in the Crown (if it has not previously been sold by the Public Trustee under this Part);\n\t(b)\tmoney held by the Public Trustee and derived from the land must be paid to the Treasurer for the credit of the Consolidated Account.\n\t(2)\tIf, after seven years from the date of the publication in the Gazette of the order by which the Public Trustee was appointed manager of any property other than land, no person has established a claim to the property and the Public Trustee has not become aware of the existence and whereabouts of any person who has a claim to the property—\n\t(a)\tthe property vests in the Crown (if, in the case of property other than money, it has not previously been sold by the Public Trustee under this Part);\n\t(b)\tmoney held by the Public Trustee and derived from the property must be paid to the Treasurer for the credit of the Consolidated Account.\nPart 7—Financial and other provisions\n43—Expenditure of money on land\n\t(1)\tThe Public Trustee may, with the consent of the Minister—\n\t(a)\tacquire an interest in land (either improved or unimproved) for use in carrying out the Public Trustee's operations; and\n\t(b)\terect a building on the land or alter an existing building; and\n\t(c)\tprovide plant, fixtures, fittings or furniture in connection with any such building.\n\t(2)\tThe Public Trustee may—\n\t(a)\tlease, or grant rights of occupation in relation to, part of any land or building acquired or built under this section; or\n\t(b)\totherwise deal with any such land or building in a manner approved by the Minister.\n\t(3)\tThe Public Trustee may apply money from a common fund for the purposes of subsection (1).\n\t(4)\tSubject to subsection (5), the interest to be paid on money so applied and the terms on which it is to be repaid to a common fund are to be as determined by the Minister.\n\t(5)\tThe rate of interest to be paid on the principal from time to time outstanding is to be not less than the long term bond rate.\n\t(6)\tIn this section—\nthe long term bond rate means a rate of interest payable in respect of a Commonwealth Public Loan having a currency exceeding five years being raised in Australia at the time the money is applied from the particular common fund, or if no such loan is then being raised, in respect of the Commonwealth Public Loan having a currency exceeding five years last raised in Australia prior to the application of money from the particular common fund.\n44—Fee for administering perpetual trust\n\t(1)\tThe Public Trustee may charge against a perpetual trust administered by the Public Trustee (whether the Public Trustee commenced administering the trust before or after the commencement of this Act) an administration fee in respect of each month of the Public Trustee's administration of the trust.\n\t(2)\tThe administration fee—\n\t(a)\tmust not exceed one-twelfth of one per cent of the value of the trust as at the last business day of the month; and\n\t(b)\tmay be charged only against income received by the Public Trustee on account of the trust.\n\t(3)\tIf the Public Trustee charges an administration fee under this section against a perpetual trust, the Public Trustee may not charge commission in respect of the capital value of property subject to the trust unless the property comprises or forms part of a deceased estate administered by the Public Trustee.\n45—General provision relating to Public Trustee's charges\n\t(1)\tSubject to this section, the Public Trustee may charge against each estate under the control of the Public Trustee commission and fees (in addition to fees otherwise provided for under this or any other Act and proper expenses in connection with the estate)—\n\t(a)\tat rates or in amounts fixed by the regulations; or\n\t(b)\tat rates or in amounts determined by the Public Trustee in particular cases subject to maxima or minima rates or amounts fixed by the regulations.\n\t(2)\tAny costs and expenses incurred by the Public Trustee that arise through legal proceedings or that are not ordinarily incurred in administering or managing estates are to be charged against the estate in respect of which the costs and expenses are incurred.\n\t(3)\tCommission, fees, costs and expenses to be charged against an estate may—\n\t(a)\tbe deducted by the Public Trustee from money received for the estate or from money in the estate; or\n\t(b)\twith the approval of the Court, be raised by sale or mortgage of, or other charge on, property of the estate (together with the costs and expenses of so raising them).\n\t(4)\tThe Court may direct what part or parts of an estate will bear the burden of any commission, fees, costs or expenses provided for under this section and in what proportions (if any) the burden is to be borne.\n\t(5)\tDespite the other provisions of this section, the Court may, on application by the Public Trustee or any person interested, if it considers that it should do so having regard to the special circumstances of a particular case—\n\t(a)\tfix the commission to be charged at a higher or a lower rate than that fixed or allowed under the regulations; or\n\t(b)\tdirect that no commission be charged.\n45A—Recovery of GST\n\t(1)\tWhere—\n\t(a)\tthe Public Trustee will be liable to pay GST in respect of commission or a fee charged by the Public Trustee for a service provided by it; and\n\t(b)\ta limit is imposed by or under another provision of this Act on the amount of the commission or fee,\nthe Public Trustee may (subject to the terms on which the Public Trustee provides the service) charge the relevant estate, trust or fund commission or a fee that does not exceed the amount that is, after deduction of the GST payable in respect of it, equivalent to the maximum commission or fee that could be charged by the Public Trustee in accordance with the limit referred to in paragraph (b).\n\t(2)\tIn this section—\nGST means the tax payable under the GST law;\nGST law means—\n\t(a)\tA New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; and\n\t(b)\tthe related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods, services and other things.\n46—ADI accounts, investment and overdraft\n\t(1)\tThe Public Trustee may establish and maintain accounts at an ADI.\n\t(2)\tThe Public Trustee may—\n\t(a)\tpay into the accounts money deducted or raised by way of commission, fees, costs or expenses and any other income of the Public Trustee; and\n\t(b)\tapply the money towards the Public Trustee's operating costs and expenses and in making any other payments required or authorised to be made by the Public Trustee; and\n\t(c)\tinvest any of the money that is not immediately required for those purposes in a manner approved by the Treasurer.\n\t(3)\tThe Public Trustee may, with the approval of the Minister—\n\t(a)\tborrow money on overdraft; and\n\t(b)\tdeposit as security for the overdraft any securities representing money invested in a common fund.\n\t(4)\tAn approval under subsection (3) may be given subject to such conditions as the Minister thinks fit.\n47—Tax and other liabilities of Public Trustee\n\t(1)\tExcept as otherwise determined by the Treasurer, the Public Trustee is liable to all such rates (other than rates that would be payable to a council), duties, taxes and imposts and has all such other liabilities and duties as would apply under the law of the State if the Public Trustee were not an instrumentality of the Crown.\n\t(2)\tExcept as otherwise determined by the Treasurer, the Public Trustee is liable to pay to the Treasurer, for the credit of the Consolidated Account, such amounts as the Treasurer from time to time determines to be equivalent to—\n\t(a)\tincome tax and any other taxes or imposts that the Public Trustee does not pay to the Commonwealth but would be liable to pay under the law of the Commonwealth if it were constituted and organised in such manner as the Treasurer determines to be appropriate for the purposes of this subsection as a public company or group of public companies carrying on the business carried on by the Public Trustee; and\n\t(b)\trates that the Public Trustee would be liable to pay to a council if the Public Trustee were not an instrumentality of the Crown.\n\t(3)\tAmounts determined by the Treasurer to be payable under subsection (2) must be paid by the Public Trustee at the times and in the manner determined by the Treasurer.\n\t(4)\tThis section does not affect any liability that the Public Trustee would have apart from this section to pay rates to a council.\n48—Dividends\n\t(1)\tThe Public Trustee must, before the end of each financial year, consult with the Minister as to whether a dividend should be paid to the Treasurer for that financial year and, if so, as to the amount of the dividend.\n\t(2)\tThe Public Trustee may, at any time during a financial year, consult with the Minister as to whether an interim dividend should be paid to the Treasurer for that financial year and, if so, as to the amount of the interim dividend.\n\t(3)\tIf the Minister approves payment of a dividend or interim dividend after consultation with the Public Trustee, the Public Trustee must pay the dividend or interim dividend so approved to the Treasurer for the credit of the Consolidated Account in the manner and at the time or times approved by the Minister and the Treasurer after consultation with the Public Trustee.\n49—Responsibility of Government for acts of Public Trustee\n\t(1)\tAny liability incurred by the Public Trustee may be enforced against the Crown.\n\t(2)\tThe extent of the Public Trustee's liability in a particular case is no greater than that of a private trustee in a similar case.\n50—Accounts and external audit\n\t(1)\tThe Public Trustee must cause proper accounts to be kept of the Public Trustee's financial affairs and financial statements to be prepared in respect of each financial year.\n\t(2)\tThe Auditor-General may at any time, and must in respect of each financial year, audit the accounts and financial statements of the Public Trustee.\n51—Annual reports\n\t(1)\tThe Public Trustee must, within three months after the end of each financial year, deliver to the Minister a report on the Public Trustee's operations during that financial year.\n\t(2)\tThe report must—\n\t(a)\tincorporate the audited accounts and financial statements of the Public Trustee for the financial year; and\n\t(b)\tcontain any other information required by or under the provisions of this or any other Act.\n\t(3)\tThe Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after his or her receipt of the report.\n52—Deposit of certain wills and other documents with Public Trustee\n\t(1)\tThe following documents may be deposited for safe custody with the Public Trustee:\n\t(a)\ta will of which the Public Trustee is appointed the executor or 1 of the executors; or\n\t(b)\ta will prepared by a legal practitioner who—\n\t(i)\thas died; or\n\t(ii)\thas ceased, or is about to cease, the practice of the law in this State; or\n\t(c)\ta will held by a legal practitioner or legal practice that was executed by a testator who cannot be located; or\n\t(d)\ta settlement, declaration of trust or other instrument by which a trust is declared or created concerning property of any kind where the Public Trustee is appointed the trustee or 1 of the trustees; or\n\t(e)\tany other document prepared by the Public Trustee.\n\t(2)\tThe Public Trustee must keep a register of wills deposited under this section.\n\t(3)\tNo fee is payable for depositing a will with the Public Trustee but a person may be required to pay a fee for any 1 or more of the following services:\n\t(a)\tsearching for a will deposited under this section;\n\t(b)\trecovery of a will deposited under this section;\n\t(c)\tdelivery of a will deposited under this section.\n\t(4)\tThe Public Trustee may destroy a will deposited with the Public Trustee if—\n\t(a)\tthe testator has died; and\n\t(b)\ta reasonable period has elapsed during which a person might be expected to have sought access to the will.\n\t(5)\tThe Public Trustee is not liable for—\n\t(a)\tthe loss of, or damage to, any will deposited with the Public Trustee under this section; or\n\t(b)\tany inaccuracy or omission in the register kept under this section.\n53—Certificate by Public Trustee of appointment to act\nA certificate executed by the Public Trustee certifying that the Public Trustee has been appointed or otherwise empowered to act in a specified capacity will be accepted in any proceedings, in the absence of proof to the contrary, as proof of the matters so certified.\n54—Indemnity to persons having dealings with Public Trustee\n\t(1)\tNo person entering into a transaction with the Public Trustee for which the authority of the Court or SACAT is required is bound or entitled to require evidence that the authority has been given further than either (as the Public Trustee considers appropriate)—\n\t(a)\tthe order or an office copy of the order giving the authority; or\n\t(b)\ta certificate executed by the Public Trustee certifying that the Public Trustee has been given the authority.\n\t(1a)\tThe certificate referred to in subsection (1)(b) must include the following:\n\t(a)\tthe date of the order giving the authority;\n\t(b)\tthe court or tribunal that made the order;\n\t(c)\tthe scope of the authority.\n\t(2)\tThe certificate, order or office copy is, so far as all persons entering into any such transaction with the Public Trustee are concerned, conclusive evidence of the regularity of the transaction on the part of the Public Trustee.\n\t(3)\tThe receipts in writing of the Public Trustee for money payable under this Act are a sufficient discharge for the money to the persons paying it and they will not afterwards be liable for any misapplication of the money.\n54A—Matters to consider when deciding whether to appoint Public Trustee as litigation guardian\nIn determining whether the Public Trustee should act as a litigation guardian for a person in a proceeding (whether commenced before or after the commencement of this section), a court or tribunal must consider the following matters:\n\t(a)\twhether the Public Trustee has been appointed or otherwise empowered to act in a specified capacity in respect of the person;\n\t(b)\twhether there is a relative, friend or associate of the person who is willing and able to act as a litigation guardian for the person;\n\t(c)\twhether in all of the circumstances, and taking into account the nature of the litigation, the Public Trustee is the most appropriate person to act as a litigation guardian for the person.\n55—Regulations and fee notices\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tregulate the deposit of wills and other documents with the Public Trustee;\n\t(b)\tregulate the payment, refund, waiver or reduction of fees prescribed by the Minister under subsection (3).\n\t(3)\tThe Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.\nSchedule 1—Transitional provisions\n1—Interpretation\nIn this Schedule—\nrepealed provisions means Part 4 of the Administration and Probate Act 1919 repealed by Schedule 2.\n2—Public Trustee\n\t(1)\tThe Public Trustee is the same body corporate as the Public Trustee under the repealed provisions.\n\t(2)\tThe person holding office as the Public Trustee immediately before the commencement of this Act continues as Public Trustee subject to the provisions of this Act.\n3—Court orders etc continued\nAn order, direction, consent or decision of a court under the repealed provisions is to be taken to be an order, direction, consent or decision of the corresponding kind under this Act and continues in force or effect subject to the provisions of this Act.\n4—Appointments to continue\nAn appointment of the Public Trustee in any capacity made before the commencement of this Act is to be taken to be an appointment of the corresponding kind for the purposes of this Act and continues in force or effect subject to the provisions of this Act.\n5—Catherine Helen Spence Memorial Fund\nThe Public Trustee may continue to hold and administer the fund known as the \"Catherine Helen Spence Memorial Fund\".\n6—Common funds\n\t(1)\tA common fund established by the Public Trustee under the repealed provisions continues as a common fund under Part 5 subject to the provisions of that Part.\n\t(2)\tA determination of the classes of investment for a common fund made by the Public Trustee under the repealed provisions continues as a determination of the corresponding kind under Part 5 subject to the provisions of that Part.\n7—Accounts\n\t(1)\tThe money in the Common Fund Reserve Account kept by the Treasurer under the repealed provisions must, on the commencement of this Act, be paid by the Treasurer into an account kept by the Public Trustee to meet the operating costs of the Public Trustee.\n\t(2)\tThe money in the Income Adjustment Account kept by the Public Trustee under the repealed provisions may be kept by the Public Trustee to meet the operating costs of the Public Trustee.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Public Trustee Act 1995 amended the following:\nAdministration and Probate Act 1919\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1995\n50\n Public Trustee Act 1995\n20.7.1995\n3.8.1995 (Gazette 3.8.1995 p346)\n1998\n59\n Statutes Amendment (Attorney-General's Portfolio) Act 1998\n3.9.1998\nPt 10 (s 19)—13.12.1998 (Gazette 3.12.1998 p1676)\n1999\n33\n Financial Sector Reform (South Australia) Act 1999\n17.6.1999\nSch (item 43)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)\n2000\n23\n Statutes Amendment (Public Trustee and Trustee Companies—GST) Act 2000\n8.6.2000\n8.6.2000\n2006\n17\n Statutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 62 (ss 187—191)—4.9.2006 (Gazette 17.8.2006 p2831)\n2006\n43\n Statutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 72 (ss 182—184)—1.6.2007 (Gazette 26.4.2007 p1352)\n2017\n13\n Statutes Amendment (Registered Relationships) Act 2017\n26.4.2017\nPt 11 (s 17)—1.8.2017 (Gazette 1.8.2017 p3039)\n2021\n5\n Statutes Amendment and Repeal (Budget Measures) Act 2021\n25.2.2021\nPt 12 (s 50)—1.7.2021 (Gazette 6.5.2021 p1279)\n2023\n30\n Succession Act 2023\n25.10.2023\nSch 2 (cll 7 & 8)—1.1.2025 (Gazette 27.6.2024 p1894)\n2023\n39\n Public Holidays Act 2023\n7.12.2023\nSch 1 (cl 17)—1.1.2024: s 2\n2024\n34\nStatutes Amendment (Public Trustee and Litigation Guardian) Act 2024\n19.9.2024\nPt 3 (ss 6(2), (3) & 7)—1.1.2025; ss 5, 6(1) & 8 to 10—1.7.2025 (Gazette 5.12.2024 p4545)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n4.9.2006\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n4.9.2006\ns 3\n\n\nbusiness day\ndeleted by 39/2023 Sch 1 cl 17\n1.1.2024\ndomestic partner\ninserted by 43/2006 s 182(1)\n1.6.2007\n\nsubstituted by 13/2017 s 17(1)\n1.8.2017\nregistered relationship\ninserted by 13/2017 s 17(2)\n1.8.2017\nspouse\ninserted by 43/2006 s 182(2)\n1.6.2007\nPt 3\n\n\ns 9\n\n\ns 9(1)\namended by 43/2006 s 183(1), (2)\n1.6.2007\ns 9(4)\namended by 17/2006 s 187\n4.9.2006\ns 14\n\n\ns 14(2)\namended by 17/2006 s 188(1)\n4.9.2006\ns 14(3)\namended by 17/2006 s 188(2)\n4.9.2006\nPt 5\n\n\ns 28\n\n\ns 28(2)\namended by 34/2024 s 5\n1.7.2025\ns 29\n\n\ns 29(6a)\ninserted by 59/1998 s 19\n13.12.1998\ns 29(7)\namended by 34/2024 s 6(1)\n1.7.2025\ns 29(8)\namended by 34/2024 s 6(2)\n1.1.2025\ns 29(11)\namended by 5/2021 s 50\n1.7.2021\n\namended by 34/2024 s 6(3)\n1.1.2025\nPt 6\n\n\ns 32\n\n\ns 32(2)\namended by 17/2006 s 189\n4.9.2006\ns 34\n\n\ns 34(2)\namended by 17/2006 s 190\n4.9.2006\ns 35\n\n\ns 35(1)\namended by 43/2006 s 184\n1.6.2007\ns 37\n\n\ns 37(1)\namended by 17/2006 s 191\n4.9.2006\nPt 7\n\n\ns 44\n\n\ns 44(2)\namended by 34/2024 s 7\n1.1.2025\ns 45A\ninserted by 23/2000 s 3\n8.6.2000\ns 46\n\n\ns 46(1)\namended by 33/1999 Sch (item 43)\n1.7.1999\ns 52\nsubstituted by 30/2023 Sch 2 cl 7\n1.1.2025\ns 54\n\n\ns 54(1)\namended by 34/2024 s 8(1), (2)\n1.7.2025\ns 54(1a)\ninserted by 34/2024 s 8(3)\n1.7.2025\ns 54(2)\namended by 34/2024 s 8(4)\n1.7.2025\ns 54A\ninserted by 34/2024 s 9\n1.7.2025\ns 55\nsubstituted by 30/2023 Sch 2 cl 8\n1.1.2025\nSch 2\nomitted under Legislation Revision and Publication Act 2002\n4.9.2006\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Public Trustee and Litigation Guardian) Act 2024, Pt 3\n10—Transitional provision\n\t(1)\tSection 54 of the principal Act, as amended by section 8 of this Act, applies whether the order referred to in section 54(1) of the principal Act was made before or after the commencement of section 8 of this Act.\n\t(2)\tIn this section—\nprincipal Act means the Public Trustee Act 1995.\nHistorical versions\nReprint No 1—13.12.1998\n\nReprint No 2—1.7.1999\n\nReprint No 3—8.6.2000\n\n4.9.2006\n\n1.6.2007\n\n1.8.2017\n\n1.7.2021\n\n1.1.2024\n\n1.1.2025\n\nAppendix—Divisional penalties and expiation fees\nAt the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:\n\nDivision\nMaximum imprisonment\nMaximum fine\nExpiation fee\n1\n15 years\n$60 000\n—\n2\n10 years\n$40 000\n—\n3\n7 years\n$30 000\n—\n4\n4 years\n$15 000\n—\n5\n2 years\n$8 000\n—\n6\n1 year\n$4 000\n$300\n7\n6 months\n$2 000\n$200\n8\n3 months\n$1 000\n$150\n9\n–\n$500\n$100\n10\n–\n$200\n$75\n11\n–\n$100\n$50\n12\n–\n$50\n$25\nNote: This appendix is provided for convenience of reference only.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act as printed includes multiple post-enactment modifications that change scope and machinery in discrete areas. The legislative history shows amendments that, among other things, inserted a GST recovery provision (s45A inserted 2000), recognised domestic and registered relationships in definitions (amendments in 2006 and 2017), revised common fund and fee rules (amendments recorded in 2021 and 2024 to s29 and s29(11)), substituted or updated provisions about deposit of wills (s52 substituted by Succession Act 2023, effective 1.1.2025), and added litigation-guardian considerations and amendments to indemnity/certification provisions (Statutes Amendment (Public Trustee and Litigation Guardian) Act 2024 inserting s54A and amending s54, with staged commencements in 2025). Transitional clauses preserve prior appointments and funds (Schedule 1). These entries in the legislative history show that the Act's operational scope and administrative detail have been adjusted since the principal Act was enacted."},"complexity_factors":["Wide functional scope: combines estate administration, trust management, unclaimed-property management, investment pooling and litigation-guardian roles (Parts 3–6).","Multiple decision-makers and checks: interplay between Court approvals/directions (s5, s9, s21, s24), Ministerial policy control with limits (s6), and internal delegation (s8).","Detailed financial rules: pooled/common fund valuation, allocation of income and capital gains/losses, management fee caps and notice rules (s27–s31).","Multiple charging regimes and caps: general commission and fees (s45), separate perpetual trust fee (s44), common fund management fees (s29(10)–(12)), GST recovery (s45A).","Enforcement and compliance provisions: summons powers, penalties and contempt processes (s20–s22) that interact with court processes.","Interactions with Crown finances and Treasurer requirements: payment of unclaimed monies, dividends and tax-equivalent arrangements (s32; s42; s47–s48).","Oversight and reporting obligations across several fora: Auditor-General audits, annual reports to Minister, investor reporting obligations (s26; s30; s50–s51).","Cross-references and amendment history: multiple later amendments and transitional provisions change operation of specific sections (Legislative history and Schedule 1)."],"plain_english_summary":"# What this law does (mechanics)\n\n- Establishes an office called the Public Trustee (s4). The Public Trustee is a corporate body within the State public service with powers to hold property, sue and be sued, and perform many roles that a private person or trustee can perform (s4(2)–(4); s5(1)–(2)).\n- Gives the Public Trustee authority to act as trustee, executor, administrator of deceased estates, custodian trustee, manager of unclaimed property, litigation guardian in some cases, attorney under powers of attorney, and in other fiduciary capacities described in the Act (s5(2); s13; s14; s17; s34–s36; s18).\n- Enables courts to appoint the Public Trustee to administer estates or to act as temporary administrator while disputes are determined (s9; s12). The Court can require the Public Trustee to act in multiple capacities in the same matter with court approval (s5(3)–(4)).\n- Sets rules for how estate money can be invested, including allowing pooled or \"common funds\" for investments shared between estates or other approved classes of investors (s27–s29). The Act requires monthly valuations of common funds and provides rules for dividing income, gains and losses between investors (s29(7)–(9)).\n- Authorises the Public Trustee to establish fees and charges against estates and common funds (s29(10)–(12); s44; s45). It also contains a specific mechanism to recover GST where that tax applies to the Public Trustee's fees (s45A).\n- Prescribes duties and powers in relation to unclaimed money and property (including when money must be paid to the Treasurer and when property may vest in the Crown), and provides a process for people to apply to Court later to recover such money or property (s32–s33; s42).\n- Creates administrative obligations and oversight: audited accounts, annual reports to the Minister, and audits by the Auditor-General (s26; s30(2); s50; s51). It also permits delegation of functions to public servants (s8).\n- Confers limited ministerial policy control while protecting the Public Trustee's legal duties: the Minister may give directions on policy matters (s6(1)), but not in a way that affects the efficient discharge of legal duties (s6(2)). The Public Trustee must report to the Minister on request (s6(3)–(4)).\n\n# Who this affects\n\n- Deceased estates, beneficiaries, executors and administrators: the Act governs when and how the Public Trustee can be appointed and what it can do once appointed (s9; s11; s14; s15).\n- Investors in common funds: their investments are pooled and accounted for; they receive specified investor information and may be charged management fees subject to caps and notice requirements (s29(4), (10)–(12); s30–s31).\n- People holding or owning unclaimed property: the Public Trustee may be appointed manager, sell property, apply proceeds to Crown accounts after statutory time periods, and the owner can later apply to Court for recovery (s34–s35; s38; s41–s42; s33).\n- Persons and organisations dealing with the Public Trustee: receipts and certificates from the Public Trustee are conclusive in many respects (s53; s54), and protections exist for persons who transact with the Public Trustee relying on its certified authority (s54(2)–(3)).\n- The Treasurer and the Crown: the Public Trustee must pay unclaimed money to the Treasurer after statutory periods (s32(1); s42) and may be required to pay dividends or amounts equivalent to certain taxes or charges as determined by the Treasurer (s47–s48).\n- The Minister and the Court: the Minister has policy oversight and some financial approvals (s6; s43; s46(3)); the Court has broad powers to appoint, direct, and resolve disputes involving the Public Trustee (s5(3)–(4); s9; s21; s24).\n\n# Why it matters (practical effects, incentives and trade-offs)\n\n- Who pays: fees, commissions and costs charged by the Public Trustee are borne by the estates and investors (s45; s29(10)–(12); s44). Unclaimed money may flow to the Consolidated Account (s32(1); s42). The Treasurer may require the Public Trustee to pay amounts equivalent to certain taxes or rates (s47(2)).\n\n- Incentives and private choices: appointing the Public Trustee transfers operational control and custody of assets from private executors/trustees to a public corporate trustee (s14–s16). That changes decision paths (who decides on investments, realisations, and distributions) because the Public Trustee has statutory discretion to manage common funds (s29(5)) and to exercise manager powers for unclaimed property (s35(1)–(1)(k)).\n\n- Compliance burden and enforcement: persons administering estates or holding estate property must deliver or transfer property to the Public Trustee when required, answer inquiries and attend before the Public Trustee; failure can attract criminal penalties or contempt (s20(1)–(4); s21; s22). The Public Trustee must keep records and be audited annually (s26; s50), and must provide investor information and annual extracts to investors in common funds (s30–s31).\n\n- Bureaucratic discretion and oversight: the Public Trustee has broad powers akin to a natural person (s5(1)), can delegate internally (s8), and has discretion about whether to act as manager of property (s36). The Court may give directions when it approves dual capacities (s5(3)–(4)) and may supervise or vary the Public Trustee's appointments (s9(5); s24). The Minister may control policy matters but not directions that would impede legal duties (s6(1)–(2)).\n\n- Costs, trade-offs and opportunity costs: the Act centralises many estate and trust administration functions in a single public office that charges regulated fees (s45). Centralisation may lower transaction costs for some users who prefer a public trustee, but it places ongoing cost obligations on estates and investors (fee caps and structures are set out in s29, s44 and s45). Recovering GST (s45A) and Treasurer-determined tax-equivalent payments (s47) may shift fiscal burdens back to estates and the Public Trustee's operating accounts.\n\n- Implementation risk and safeguards: regular audits (s26; s30(2); s50) and annual reporting (s51) create transparency requirements. Yet the Public Trustee also receives statutory protections for persons dealing with it (s54) and limits on liability comparable to private trustees (s49(2)). These provisions change the legal and practical risk profile for counterparties and beneficiaries.\n\n# Concrete examples of powers and limits (section pointers)\n\n- Appointment and administration of estates: Court may order Public Trustee to administer estates in specified circumstances (s9); once appointed, other proceedings for administration are stayed (s11).\n- Investment and common funds: pooling and valuation rules, fee caps, and investor information obligations (s27–s31; s29(10)–(12)).\n- Unclaimed property process: payment to Treasurer after 6 years for money (s32(1)), or sale/vesting of land after 20 years (s32(2); s42); claimants may later apply to Court (s33).\n- Fees and taxation: general charging power (s45), GST recovery mechanism (s45A), Treasurer-determined tax equivalents (s47).\n\n(References are to provisions in the Public Trustee Act 1995 as reproduced above.)"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible — the full text of the legislation was not accessible via the provided link. No comparison between original intent and current provisions can be made."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 'Page Not Found' error","Analysis is based only on general knowledge of the Act, not its actual provisions","Complexity of the underlying Act cannot be assessed without access to its content","Website infrastructure change (March 2026 update) broke the provided hyperlink"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Public Trustee Act 1995 (SA)** could not be retrieved — the link provided returns a **'Page Not Found'** error from the South Australian legislation website.\n\n### What we do know generally about this Act:\nThe Public Trustee Act 1995 is a South Australian law that establishes and governs the **Public Trustee** — a government office that manages financial and legal affairs on behalf of people who cannot manage their own affairs, such as:\n- People with disabilities or cognitive impairments\n- Deceased estates (managing a person's assets after they die)\n- People who have appointed the Public Trustee to handle their finances\n\n### Why it matters to you:\nIf you or a loved one needs someone to manage money, property, or a will — and there is no trusted family member or private trustee available — the Public Trustee can step in. This Act sets the rules for how that office operates, what fees it can charge, and what powers it has.\n\n**Note:** The actual provisions of this Act could not be analysed due to the broken link. Please visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the Act by name."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1995 Act focused primarily on estate administration and trustee services. Over nearly 30 years of amendments, the scope has expanded significantly to include: (1) registered relationships and domestic partners (2006, 2017 amendments reflecting changing social structures); (2) GST recovery mechanisms (2000); (3) litigation guardian functions (2024 amendment adding section 54A); (4) modernised financial services language (substituting 'ADI' for 'bank' in 1999); and (5) updated will deposit and fee notice frameworks (2023-2024). The Act has evolved from a straightforward public trustee statute into a comprehensive framework for protective services, reflecting broader changes in family law, taxation, and civil procedure."},"complexity_factors":["Multiple overlapping roles: The Public Trustee acts as administrator, executor, trustee, custodian trustee, manager of unclaimed property, and litigation guardian, each with distinct rules.","Extensive cross-referencing: References to other Acts including the Administration and Probate Act 1919, Trustee Act 1936, Family Relationships Act 1975, Relationships Register Act 2016, GST legislation, and the Legislation (Fees) Act 2019.","Conditional appointment triggers: Section 9 contains 9 separate grounds (a-i) for court appointment to administer deceased estates, with nested conditions (e.g., 'if X and Y and Z').","Detailed financial mechanisms: Complex provisions for common funds (Part 5) including monthly valuations, proportional income distribution, management fee caps (1.2% annually), and specific investment rules.","Time-based statutory limits: Multiple time periods governing unclaimed property (6 years for money, 20 years for land, 7 years for other property before vesting in Crown).","Transitional provisions: Schedule 1 preserves pre-existing appointments, court orders, and funds from repealed legislation.","Dual capacity provisions: Section 5(3) allows the Public Trustee to act in different capacities in the same matter, requiring court approval.","GST overlay: Section 45A creates a specific mechanism for recovering GST on top of fee limits.","Delegated legislation framework: Extensive regulation-making powers and fee notices under section 55."],"plain_english_summary":"**What this law does:**\n\nThis Act creates and governs the **Public Trustee** — a government official (and government body) in South Australia who acts as a \"safe pair of hands\" for managing money, property, and legal affairs when individuals can't do it themselves, or when no suitable private person is available.\n\n**Who it affects:**\n\n*   **Deceased estates:** When someone dies without a will, without an executor, or with no family in SA to handle their affairs, the Public Trustee can step in to administer (manage and distribute) the estate.\n*   **Trusts:** People can name the Public Trustee in their will or trust document to manage assets for beneficiaries.\n*   **People who lack capacity:** The Public Trustee can be appointed to manage finances for people who can't manage their own affairs due to legal incapacity (for example, through a power of attorney that continues even after incapacity).\n*   **Unclaimed property:** If property or money is abandoned or the owner can't be found, the Public Trustee can take control, manage it, and eventually transfer it to the government (the Crown) if no one claims it.\n*   **Courts and litigants:** Courts can appoint the Public Trustee as a \"litigation guardian\" (someone to act in court for a person who can't act for themselves) or as a neutral party to hold money from court judgments.\n\n**Key functions:**\n\n*   **Estate administration:** Collecting assets, paying debts, and distributing inheritances when there's no one else to do it.\n*   **Trustee services:** Managing investments and funds held in trust for beneficiaries.\n*   **Common funds:** Pooling money from multiple estates to invest collectively, with individual accounts tracking each estate's share.\n*   **Unclaimed property management:** Taking custody of abandoned land or money, maintaining it, and eventually transferring it to the Crown after long periods (20 years for land, 7 years for other property).\n*   **Safe custody:** Storing wills and important documents.\n\n**Why it matters:**\n\nThis Act ensures that **no estate or property falls through the cracks** when there's no family, suitable executor, or private trustee available. It provides a backstop for vulnerable people and protects the interests of creditors, beneficiaries, and the public. It also allows the government to eventually claim truly abandoned assets while preserving the right of late claimants to recover them through the courts.\n\n**In short:** It's the legal framework for South Australia's \"public safety net\" for deceased estates, trusts, and lost property."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/public-trustee-act-1995","history":"/api/acts/public-trustee-act-1995/history","analysis":"/api/acts/public-trustee-act-1995/analysis","conflicts":"/api/acts/public-trustee-act-1995/conflicts","importantCases":"/api/acts/public-trustee-act-1995/important-cases","documents":"/api/acts/public-trustee-act-1995/documents"}}