{"id":"a-1985-8","name":"Public Trustee and Guardian Act 1985","slug":"public-trustee-and-guardian-act-1985","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"8 of 1985","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24214,"registerId":"act-a-1985-8-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"26","sectionType":"section","heading":"December 2025. It also includes any commencement, amendment, repeal or expiry affecting","content":"26 December 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 26 December 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n3A Offences against Act—application of Criminal Code etc 2\n4 Administration Act definitions 3\n5 Public trustee and guardian 4\n6 Deputy public trustee and guardian 4\n8 Public trustee and guardian a corporation sole 4\n9 Agent of public trustee and guardian 5\n9A Delegation by public trustee and guardian 5\n\nPage\ncontents 2 Public Trustee and Guardian Act 1985\n10 Protection of public trustee and guardian etc from liability 6\n11 Protection of public trustee and guardian where mistake as to death\netc 7\n12 Liability of public trustee and guardian 8\n13 Capacities in which public trustee and guardian may act 9\n13A Appointment as person responsible for disposal of unclaimed\ndeceased person 10\n14 Public trustee and guardian may act jointly with another person 11\n15 Appointment of public trustee and guardian on order of court 12\n16 Effect of appointment or election 13\nDivision 3.2 Appointment of public trustee and guardian as trustee\n17 Appointment 13\n18 Appointment of public trustee and guardian as sole trustee 14\n19 Vesting of property 14\nDivision 3.3 Appointment of public trustee and guardian as\nguardian or manager\n19A Application—div 3.3 15\n19B Other functions of public trustee and guardian as guardian or manager 15\n19C Guardian or manager of last resort 16\n19D Engagement of lawyer 16\nPart 4 Powers and duties of public trustee and\nguardian\n20 Powers of public trustee and guardian under Act additional to powers\nunder other laws 17\n21 Express powers of public trustee and guardian 17\n22 Wills 20\n23 Safe custody of documents and chattels 20\n23A Public trustee and guardian register 20\n24 Legal representation 21\n24A Public trustee and guardian to report to ACAT 22\n\nPage\ncontents 3\n25 Payment of money etc to public trustee and guardian on behalf of\nperson under disability 22\n25A Amounts etc paid by trustee for person under disability 24\n26 Power of public trustee and guardian to sue self when acting in\ndifferent capacities 25\n27 Power of public trustee and guardian to contract with self in certain\ncircumstances 25\n28 Fees and expenses of public trustee and guardian 26\n29 Payments to persons outside Australia 27\n29A Payment of money without grant of administration 27\n30 Dealings with other public trustees 28\n31 Unclaimed moneys 29\n32 Allowance of claims 30\n33 Dispute involving claims 31\n33A Meaning of domestic partner for pt 5 33\n34 Application for appointment as manager of property 33\n35 Election to become manager of property 34\n36 Public notice of appointment or election 35\n37 Property does not vest in public trustee and guardian as manager 35\n38 Powers of public trustee and guardian as manager 35\n39 Application for directions and sale of property in special circumstances 37\n40 Management of certain moneys by public trustee and guardian 39\n41 Property to be held for owner 40\n42 Charge over property 40\n43 Disposal of property 41\n44 Cessation of management 45\n45 Claims made after cessation of management 46\n46 Establishment of board 48\n47 Function of board 48\n48 Membership of board 48\n\nPage\ncontents 4 Public Trustee and Guardian Act 1985\n49 Senior member of board 48\n53 Ending board member appointments 49\n53A Honesty, care and diligence of board members 50\n53B Conflict of interest 50\n53C Agenda to require disclosure of interest item 51\n53D Disclosure of interests by board members 51\n53E Reporting of disclosed interests to Minister 53\n53F Protection of board members from liability 54\n53G Indemnification and exemption of board members 54\nDivision 6.2 Board meetings\n54 Time and place of board meetings 55\n54A Presiding member at meetings 55\n54B Quorum at meetings 55\n54C Voting at meetings 55\n54D Conduct of meetings etc 56\n55 Establishment of common funds etc 56\n56 Investment of money held in common funds 57\n57 Investment of money not held in common funds 58\n58 Withdrawal of money from common funds 58\n59 Distribution of capital and income 59\n59A Management fee 59\n60 Income accounts 59\n61 Common fund guarantee and reserve account 60\n63 Application of surplus funds 62\n64 Advances from common funds 63\n65 Advances to beneficiaries 64\n65A Use and disclosure of protected information 66\n66 Public trustee and guardian may require information or documents 68\n67 Notices to be given to public trustee and guardian 68\n68 Costs in legal proceedings 69\n69 Costs arising out of certain applications 70\n\nPage\ncontents 5\n70 Jurisdiction of court 70\n71 Certain covenants void 70\n72 Lien in respect of insurance premiums 71\n73 Manner of giving notices 71\n74 Evidence 71\n75 Determination of fees and charges 73\n76 Regulation-making power 73\nDictionary 74\n1 About the endnotes 76\n2 Abbreviation key 76\n3 Legislation history 77\n4 Amendment history 85\n5 Earlier republications 94\n\nAn Act appointing the public trustee and guardian, and for other purposes\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Public Trustee and Guardian Act 1985.\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"3A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to the following offences against this\nAct (see Code, pt 2.1):\n• s 65A (Use and disclosure of protected information).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPreliminary Part 1\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Administration Act definitions","content":"4 Administration Act definitions\nA term defined in the Administration Act has the same meaning in\nthis Act.\n\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Public trustee and guardian","content":"5 Public trustee and guardian\nThe Public Trustee and Guardian is the person exercising the functions\nof public trustee and guardian (however described) in the public service.\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Deputy public trustee and guardian","content":"6 Deputy public trustee and guardian\n(1) The director-general may appoint 1 or more public servants as deputy\npublic trustee and guardian.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\n(2) A deputy public trustee and guardian may exercise a function of the\npublic trustee and guardian, subject to any direction of the public\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Public trustee and guardian a corporation sole","content":"8 Public trustee and guardian a corporation sole\n(1) The public trustee and guardian—\n(a) is a corporation sole by the name of the Public Trustee and\nGuardian for the Australian Capital Territory; and\n(b) has perpetual succession; and\n(c) shall have an official seal; and\n(d) is capable, in the corporate name of the public trustee and\nguardian, of acquiring, holding and disposing of real and\npersonal property and of suing and being sued.\n\nThe public trustee and guardian Part 2\nAdministration Division 2.1\n(2) The Financial Management Act 1996, section 73 (1) (Nature of\nrelevant territory authorities) does not apply in relation to the public\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Agent of public trustee and guardian","content":"9 Agent of public trustee and guardian\n(1) The public trustee and guardian may, from time to time, appoint a\nperson to be an agent of the public trustee and guardian.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\n(2) A person who is appointed under this section as an agent is subject to\nthe direction, control, supervision and inspection of the public trustee\nand guardian in all matters relating to the business for which the\nperson is appointed.\n","sortOrder":9},{"sectionNumber":"9A","sectionType":"section","heading":"Delegation by public trustee and guardian","content":"9A Delegation by public trustee and guardian\n(1) The public trustee and guardian may delegate to a member of the\npublic trustee and guardian’s staff any function under this Act or\nanother territory law.\nNote 1 For laws about delegations, see the Legislation Act, pt 19.4.\nNote 2 Function includes authority, duty and power (see Legislation Act, dict,\npt 1).\n(2) However, a function may be delegated to a person only if the public\ntrustee and guardian is satisfied that—\n(a) the function is of a kind that is appropriate to be exercised by\nthe person; and\n(b) the person has the qualifications, knowledge and experience\nappropriate for the function to be properly exercised; and\n\n(c) the person will comply with the Guardianship and Management\nof Property Act 1991, section 4 when exercising the functions of\nthe public trustee and guardian under that Act; and\n(d) the person will comply with the obligations of the public trustee\nand guardian under the Human Rights Act 2004.\nNote The public trustee and guardian must ensure the delegated function is\nproperly exercised (see Legislation Act, s 238). Also, the public trustee\nand guardian may provide that the delegation has effect only in stated\ncircumstances or subject to stated conditions, limitations or directions\n(see Legislation Act, s 234 and s 239).\n","sortOrder":10},{"sectionNumber":"Div 2","sectionType":"division","heading":"2 Protection and liability of public","content":"Division 2.2 Protection and liability of public\ntrustee and guardian\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Protection of public trustee and guardian etc from liability","content":"10 Protection of public trustee and guardian etc from liability\n(1) In this section:\nofficial means—\n(a) a person who holds, or has held, the position of public trustee\nand guardian or deputy public trustee and guardian; or\n(b) a person who is, or has been, an agent of the public trustee and\n(c) a public servant who is exercising, or has exercised, a function\nrelating to the business or affairs of the public trustee and\nguardian.\n(2) An official is not civilly liable for anything done or omitted to be done\nhonestly and without recklessness—\n(a) in the exercise of a function under a territory law; or\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under a territory law.\n\nThe public trustee and guardian Part 2\nProtection and liability of public trustee and guardian Division 2.2\n(3) Any liability that would, apart from this section, attach to the official\nattaches instead to the Territory.\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Protection of public trustee and guardian where mistake","content":"11 Protection of public trustee and guardian where mistake\nas to death etc\nWhere—\n(a) the public trustee and guardian—\n(i) has obtained a grant of probate of the will, or\nadministration of the estate, of a person under the\nAdministration Act; or\n(ii) is otherwise administering the estate of a person under the\nAdministration Act; or\n(iii) is acting as executor or trustee under the will of a person;\nand\n(b) it is found—\n(i) that the person is alive; or\n(ii) in a case in which the person was believed to have died\nintestate—that the person died testate; or\n(iii) in a case in which the person was believed to have died\ntestate—that the person died intestate and that the\ndocument that was believed to be the person’s last will has\nno testamentary validity or effect; or\n(iv) that a document that was believed to be the person’s last\nwill is not the person’s last will;\nall acts done or omitted to be done by the public trustee and guardian\nin good faith while acting in any capacity in connection with the\ngrant, estate or will are as valid and effectual as if the public trustee\nand guardian had been lawfully entitled to act in that capacity.\n\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Liability of public trustee and guardian","content":"12 Liability of public trustee and guardian\nWhere, by an act or omission of the public trustee and guardian or\nanother person acting or purporting to act in good faith for the public\ntrustee and guardian, a person sustains a loss or injury that would have\nentitled that person to a remedy in respect of the loss or injury if the\nact or omission were an act or omission of an individual—\n(a) the person sustaining the loss or injury is entitled to the same\nremedy against the public trustee and guardian in the corporate\ncapacity of the public trustee and guardian as the person would\nhave been entitled to against an individual; and\n(b) the liability of the public trustee and guardian must be\ndischarged by the Territory.\n\nGeneral Division 3.1\n","sortOrder":14},{"sectionNumber":"Part 3","sectionType":"part","heading":"Appointment of public trustee","content":"Part 3 Appointment of public trustee\nand guardian\n","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Capacities in which public trustee and guardian may act","content":"13 Capacities in which public trustee and guardian may act\n(1) Subject to this Act, the public trustee and guardian may be appointed\nand act under that name as—\n(a) a trustee; or\n(b) an executor or administrator, including administrator pendente\nlite; or\n(c) a collector of an estate of a person under an order to collect and\nadminister that estate; or\n(d) a receiver; or\n(e) an agent or attorney; or\n(f) a manager of property, whether real or personal; or\n(g) a guardian of the estate of any person; or\n(h) a guardian or manager for a person if appointed by the ACAT;\nor\n(i) the person responsible for the disposal of the body of an\nunclaimed deceased person.\n(2) Subject to this Act, the public trustee and guardian may become\n(whether by election or otherwise) and may act under that name as a\nmanager of property, whether real or personal.\n(3) The public trustee and guardian shall not accept a trust established\nexclusively or primarily for religious purposes.\n\n(4) The public trustee and guardian may decline to accept, or accept\nsubject to such conditions as the public trustee and guardian thinks\nfit, a trust or an appointment to act in any capacity.\n(5) The public trustee and guardian is not entitled to exercise a power\nunder subsection (4)—\n(a) in relation to a trust that devolves on the public trustee and\nguardian or an appointment of the public trustee and guardian\nthat is made specifically by law; or\n(b) in relation to an appointment that was made by order of the\ncourt; or\n(c) on the ground only of the small value of the relevant property or\n","sortOrder":16},{"sectionNumber":"13A","sectionType":"section","heading":"Appointment as person responsible for disposal of","content":"13A Appointment as person responsible for disposal of\nunclaimed deceased person\n(1) This section applies if the public trustee and guardian accepts an\nappointment as the person responsible for the disposal of the body of\nan unclaimed deceased person.\n(2) The public trustee and guardian—\n(a) may do any of the following:\n(i) make arrangements for the disposal of the body of the\nunclaimed deceased person;\n(ii) investigate whether the unclaimed deceased person has a\nsolvent estate;\n(iii) administer the unclaimed deceased person’s estate; but\n\nGeneral Division 3.1\n(b) is not responsible for arranging the removal of the unclaimed\ndeceased person’s body from the place where the person died.\nNote If a person dies, the person’s estate vests in the public trustee and\nguardian from the time the person dies until someone is appointed as\nadministrator of the estate or a grant of representation is made (see the\nAdministration Act, s 38A).\n(3) The public trustee and guardian must comply with any guideline\nmade by the Minister for this section.\n(4) A guideline is a disallowable instrument.\n(5) In this section:\nunclaimed deceased person means a person—\n(a) whose death is registrable under the Births, Deaths and\nMarriages Registration Act 1997; and\n(b) the executor of whose estate, or whose next of kin—\n(i) has not been be found, despite reasonable inquiries by the\npolice; or\n(ii) is unwilling or unable to make funeral arrangements for the\nperson; and\n(c) whose body—\n(i) is held at a place in the ACT; and\n(ii) has not been claimed by anyone who has a right to claim\nthe body under the law of another State.\n","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Public trustee and guardian may act jointly with another","content":"14 Public trustee and guardian may act jointly with another\nperson\n(1) Subject to subsection (3), the public trustee and guardian may be\nappointed and act jointly with another person in any of the capacities\nreferred to in section 13.\n\n(2) Subject to any other law in force in the ACT, where the public trustee\nand guardian is appointed and acts jointly with another person—\n(a) the public trustee and guardian and that other person jointly have\nand may exercise any function that the public trustee and\nguardian, if acting alone, would have or be entitled to exercise;\nand\n(b) all moneys under the control of the public trustee and guardian\nand that other person jointly must be dealt with in the same\nmanner as money under the control of the public trustee and\nguardian alone; and\n(c) the receipt in writing of the public trustee and guardian alone for\nany moneys, securities or other personal property or effects\nrequired to be paid, transferred or delivered to the public trustee\nand guardian and that other person jointly—\n(i) shall be a sufficient discharge; and\n(ii) shall fully and effectually exonerate the person by whom\nthat property or those effects was or were paid, transferred\nor delivered from seeing to the application, or being\nanswerable for any loss or misapplication, of that property\nor those effects.\n(3) The public trustee and guardian may not be appointed or act jointly\nwith another person as manager of property under part 5.\n","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Appointment of public trustee and guardian on order of","content":"15 Appointment of public trustee and guardian on order of\ncourt\nWhere the consent of a person is required for the appointment of a\ntrustee, executor or administrator and the person—\n(a) refuses to consent to the public trustee and guardian being\nappointed; or\n(b) is absent from the ACT; or\n\nAppointment of public trustee and guardian as trustee Division 3.2\n(c) is a person under disability;\nthe court may, on an application made to it, order that the appointment\nof the public trustee and guardian be made without the consent of that\nperson.\n","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Effect of appointment or election","content":"16 Effect of appointment or election\nSubject to this Act, the public trustee and guardian, when acting in a\ncapacity referred to in section 13—\n(a) has the same powers, duties and liabilities and is entitled to the\nsame rights and immunities as an individual acting in that\ncapacity; and\n(b) is subject to the control and orders of any court in the same\nmanner as if the public trustee and guardian were an individual\nacting in that capacity.\n","sortOrder":20},{"sectionNumber":"Div 3","sectionType":"division","heading":"2 Appointment of public trustee and","content":"Division 3.2 Appointment of public trustee and\nguardian as trustee\n","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Appointment","content":"17 Appointment\n(1) The public trustee and guardian may be appointed as an original, new\nor additional trustee in the same cases, in the same manner and by the\nsame persons or court as if the public trustee and guardian were an\nindividual.\n(2) However, the public trustee and guardian must not be appointed as a\ntrustee if the instrument creating the trust contains a direction to the\ncontrary.\n\nDivision 3.2 Appointment of public trustee and guardian as trustee\n","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Appointment of public trustee and guardian as sole","content":"18 Appointment of public trustee and guardian as sole\ntrustee\n(1) Even though an instrument provides for or directs the appointment of\n2 or more trustees, the public trustee and guardian may be appointed\nas sole trustee under the instrument unless the appointment is\nexpressly prohibited by the instrument.\n(2) The appointment of the public trustee and guardian as sole trustee\nunder an instrument for subsection (1) may be made by—\n(a) the trustees appointed under the instrument; or\n(b) where there is another person who has the power to appoint a\nnew trustee under the instrument—that person; or\n(c) where there are 2 or more other persons who have the power to\nappoint a new trustee under the instrument—those persons; or\n(d) the court.\n(3) An application for an order of the court appointing the public trustee\nand guardian as sole trustee under an instrument may be made by—\n(a) any 1 of the trustees appointed under the instrument; or\n(b) where there are 2 or more other persons who have the power to\nappoint a new trustee under the instrument—any 1 of those\npersons; or\n(c) any person who has an interest in any property to which the\ninstrument relates.\n","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Vesting of property","content":"19 Vesting of property\nOn an appointment of the public trustee and guardian as a trustee\ntaking effect, all the property in respect of which the public trustee\nand guardian is so appointed is, subject to the trusts applicable to it,\nby virtue of the appointment and without other assurances in law,\nvested in the public trustee and guardian.\n\nAppointment of public trustee and guardian as guardian or manager Division 3.3\nDivision 3.3 Appointment of public trustee and\nguardian as guardian or manager\n","sortOrder":24},{"sectionNumber":"19A","sectionType":"section","heading":"Application—div 3.3","content":"19A Application—div 3.3\nThis division applies if the public trustee and guardian is appointed\nby the ACAT as a guardian or manager under the Guardianship and\nManagement of Property Act 1991.\n","sortOrder":25},{"sectionNumber":"19B","sectionType":"section","heading":"Other functions of public trustee and guardian as","content":"19B Other functions of public trustee and guardian as\nguardian or manager\n(1) In addition to any other function given to the public trustee and\nguardian under the Guardianship and Management of Property\nAct 1991 or another territory law, the public trustee and guardian has\nthe following functions:\n(a) representing people with a disability at hearings before the\nACAT in relation to guardianship applications;\n(b) investigate complaints and allegations about the actions of a\nguardian or manager or a person acting or purporting to act\nunder an enduring power of attorney;\n(c) promoting community discussion, and providing community\neducation and information, about the functions of the ACAT\nunder the Guardianship and Management of Property Act 1991.\n(2) In this section:\ndisability means one of the following conditions if the condition gives\nrise to a need for protection from abuse, exploitation or neglect, or a\ncombination of those things:\n(a) a physical, mental, psychological or intellectual condition;\n(b) a condition that would make a person a forensic patient.\n\nDivision 3.3 Appointment of public trustee and guardian as guardian or manager\nforensic patient includes a person who has been—\n(a) apprehended by a police officer because the person’s behaviour\nor statements indicate to the officer that the person may have a\nmental disorder or mental illness; or\n(b) found by a court or the ACAT to be unfit to plead; or\n(c) acquitted of a criminal charge because of mental impairment; or\n(d) found guilty of a criminal offence and is, or while serving a\nsentence of imprisonment has become, a person with a mental\ndisorder or mental illness.\nmental disorder—see the Mental Health Act 2015, section 9.\nmental illness—see the Mental Health Act 2015, section 10.\n","sortOrder":26},{"sectionNumber":"19C","sectionType":"section","heading":"Guardian or manager of last resort","content":"19C Guardian or manager of last resort\nIf appointed as a guardian or manager by the ACAT, the public trustee\nand guardian must—\n(a) endeavour to find a suitable person to be appointed as the\nguardian or manager; and\n(b) if a suitable person is found—apply to the ACAT for the\nappointment of the person as guardian or manager.\n","sortOrder":27},{"sectionNumber":"19D","sectionType":"section","heading":"Engagement of lawyer","content":"19D Engagement of lawyer\nThe public trustee and guardian may engage a lawyer to appear before\na court or tribunal in relation to the exercise of the public trustee and\nguardian’s functions under this division.\n\n","sortOrder":28},{"sectionNumber":"Part 4","sectionType":"part","heading":"Powers and duties of public","content":"Part 4 Powers and duties of public\ntrustee and guardian\n","sortOrder":29},{"sectionNumber":"20","sectionType":"section","heading":"Powers of public trustee and guardian under Act","content":"20 Powers of public trustee and guardian under Act\nadditional to powers under other laws\nThe powers conferred on the public trustee and guardian under this\nAct when acting in any of the capacities in which the public trustee\nand guardian is authorised to act are in addition to and not in\nsubstitution for or in derogation of any other power conferred on or\nexercisable by the public trustee and guardian in that capacity under\nany other law in force in the ACT.\n","sortOrder":30},{"sectionNumber":"21","sectionType":"section","heading":"Express powers of public trustee and guardian","content":"21 Express powers of public trustee and guardian\n(1) Where the public trustee and guardian is acting in a trust or protective\ncapacity as an executor, administrator, trustee, guardian or manager\nor is otherwise acting in connection with the administration of an\nestate, without limiting the generality of any other power conferred\non the public trustee and guardian under this Act, the public trustee\nand guardian may, unless expressly prohibited by the terms of any\ninstrument affecting the authority of the public trustee and guardian\nto act in that capacity—\n(a) buy, sell, realise and mortgage (with or without a power of sale)\nreal and personal property, altogether or in parts, and subject to\nany condition the public trustee and guardian thinks fit; and\n(b) exchange property or join in a partition of property; and\n(c) grant a lease of property for such period as the public trustee and\nguardian thinks fit—\n(i) being a period not exceeding 10 years; or\n(ii) if the lease is granted with an option for renewal—being a\nperiod that, together with the term of the option, does not\nexceed 10 years; and\n\n(d) enter into a sharefarming agreement for a period not exceeding\n3 years; and\n(e) insure property, real or personal, against any contingency; and\n(f) expend money for the repair, maintenance or renovation of\n(g) pay rates, taxes, insurance premiums and any other outgoings,\ncharges and expenses in respect of property; and\n(h) pay or discharge all debts, liabilities, costs, expenses and other\nobligations; and\n(i) borrow money, with or without giving security; and\n(j) set off against the claim of a person in respect of an estate any\namount owed by the person to that estate or another estate being\nadministered by the public trustee and guardian; and\n(k) bring or defend any proceedings; and\n(l) take proceedings to cause a person to become a bankrupt or a\ncompany to be wound up; and\n(m) vote or otherwise act either in person or by proxy at or in\nconnection with a meeting of creditors or shareholders; and\n(n) carry out contracts entered into before the commencement of\nthis Act in the same manner as if the contracts had been entered\ninto after the commencement of this Act; and\n(o) at the expense of an estate being administered by the public\ntrustee and guardian, engage such persons as the public trustee\nand guardian thinks fit for the purpose of assisting or advising\nthe public trustee and guardian in the administration or\nmanagement of the estate; and\n(p) do all such acts, matters and things (including execute all\ndocuments) as are necessary or convenient for carrying out any\nof the powers conferred under this section.\n\n(2) In exercising the power referred to in subsection (1) (f), the public\ntrustee and guardian may charge the costs of repair, maintenance or\nrenovation, as the case may be, either to capital or to income or\napportion the costs between capital and income on such a basis as the\npublic trustee and guardian thinks fit.\n(3) Where the public trustee and guardian has been appointed to act as\ntrustee, executor or administrator of the estate of a deceased person,\nwhether alone or jointly with another person, the public trustee and\nguardian may exercise the power referred to in subsection (1) (h) for\nthe purpose of paying the reasonable costs of—\n(a) the erection of a memorial or tombstone over the grave of the\ndeceased person; or\n(b) where the deceased person has been cremated—a memorial or\notherwise suitably preserving the ashes of the deceased person.\n(4) Without limiting the generality of the power referred to in\nsubsection (1) (i), the public trustee and guardian may exercise that\npower for the purpose of repaying a debt or other liability that was\nincurred before the commencement of this Act.\n(5) In exercising the power referred to in subsection (1) (i), the public\ntrustee and guardian may pay any interest payable in respect of money\nborrowed by the public trustee and guardian out of income or, if the\nincome is insufficient, out of capital.\n(6) Where, in the exercise of the power referred to in subsection (1) (j),\nthe public trustee and guardian sets off against the claim of a person\nin respect of an estate an amount owed by the person to another estate\nbeing administered by the public trustee and guardian, the public\ntrustee and guardian shall transfer from the estate to which the claim\nrelated to the estate to which the amount was owed an amount equal\nto the amount that was owed by the person to that lastmentioned\n\n","sortOrder":31},{"sectionNumber":"22","sectionType":"section","heading":"Wills","content":"22 Wills\n(1) The public trustee and guardian may, either without charging a fee or\nfor a fee not exceeding the fee determined under section 75 for this\nsection, draw a will or other testamentary instrument for a person.\n(2) The public trustee and guardian may accept a will for deposit with the\npublic trustee and guardian, whether or not the public trustee and\nguardian is appointed as an executor of the will.\n","sortOrder":32},{"sectionNumber":"23","sectionType":"section","heading":"Safe custody of documents and chattels","content":"23 Safe custody of documents and chattels\n(1) The public trustee and guardian may accept for safe custody any trust\ninstrument, a debenture or other security, any document of title to\nproperty, any other document and any chattel.\n(2) The public trustee and guardian’s liability in respect of any thing\ndeposited for safe custody under subsection (1) is—\n(a) where a charge is made by the public trustee and guardian in\nconnection with the keeping of that thing by the public trustee\nand guardian—that of a bailee for reward; and\n(b) where a charge is not made by the public trustee and guardian in\nconnection with the keeping of that thing by the public trustee\nand guardian—that of a gratuitous bailee.\n","sortOrder":33},{"sectionNumber":"23A","sectionType":"section","heading":"Public trustee and guardian register","content":"23A Public trustee and guardian register\n(1) The public trustee and guardian may keep a register of legal records.\n(2) The public trustee and guardian may include other records or\ninformation on the register that the public trustee and guardian\nconsiders appropriate.\n(3) The register may be kept in any form, including electronically, that\nthe public trustee and guardian considers appropriate.\n(4) The register may be kept in 1 or more parts, as the public trustee and\nguardian considers appropriate.\n\n(5) The public trustee and guardian may remove a legal record from the\nregister if satisfied that the legal record no longer has any effect.\n(6) In this section:\nenduring power of attorney—see the Powers of Attorney Act 2006,\nsection 8.\nlegal record means—\n(a) a will that is—\n(i) drawn by the public trustee and guardian; or\n(ii) deposited with the public trustee and guardian; or\n(b) an enduring power of attorney that—\n(i) appoints the public trustee and guardian as attorney; or\n(ii) is deposited with the public trustee and guardian.\nNote The Evidence Act 2011, s 155 (Evidence of official records) applies to\nlegal records kept on the register.\n","sortOrder":34},{"sectionNumber":"24","sectionType":"section","heading":"Legal representation","content":"24 Legal representation\n(1) A court or the ACAT may, in relation to proceedings in the court or\nACAT, on an application made to it by a party to the proceedings or\non its own initiative, direct the public trustee and guardian to\nrepresent—\n(a) a party to those proceedings; or\n(b) a person or class of persons interested in those proceedings.\n(2) Where a direction is given under subsection (1)—\n(a) the public trustee and guardian may be represented in the\nproceedings in connection with which the direction is given by\na legal practitioner; and\n\n(b) the costs and expenses of the representation, as between solicitor\nand client, together with a reasonable fee for the services of the\npublic trustee and guardian, must be paid to the public trustee\nand guardian out of any estate, funds or property the subject\nmatter of the proceedings, or otherwise as the court or the ACAT\nmay direct.\n(3) The public trustee and guardian may engage a lawyer to appear before\na court or the ACAT in relation to the exercise of any of its functions\nunder this Act.\n","sortOrder":35},{"sectionNumber":"24A","sectionType":"section","heading":"Public trustee and guardian to report to ACAT","content":"24A Public trustee and guardian to report to ACAT\nThe public trustee and guardian must report to the ACAT about a\nmatter before the ACAT if asked by the ACAT.\n","sortOrder":36},{"sectionNumber":"25","sectionType":"section","heading":"Payment of money etc to public trustee and guardian on","content":"25 Payment of money etc to public trustee and guardian on\nbehalf of person under disability\n(1) Where, in the proceedings, it is adjudged or ordered, or it is agreed,\nthat money, not being money to which subsection (3) applies, be paid\nto a person under disability (whether or not that person is a party to a\ncause or matter), the money—\n(a) shall be paid into court; and\n(b) shall, unless the court otherwise directs, be paid out to the public\n(2) Where money, not being money to which subsection (3) applies—\n(a) is paid into court—\n(i) before the commencement of this Act; or\n(ii) after the commencement of this Act under a judgment,\norder or agreement given, entered or made before the\ncommencement of this Act; and\n\n(b) the money is being held in court on behalf of a person under\ndisability;\nthe court may, by order, direct that the money be paid out to the public\n(3) Where—\n(a) money payable as compensation under the Workers\nCompensation Act 1951 is paid into court, whether before or\nafter the commencement of this Act; and\n(b) the money is being held in court on behalf of a person under\ndisability;\nthe court may, by order, direct that the money be paid out to the public\n(4) Where, as a result of a direction given under subsection (1), money in\ncourt is not paid out to the public trustee and guardian, the court may,\nby order, direct that the money be paid out to the public trustee and\nguardian and may make such other order as it thinks fit.\n(5) Where a court adjudges or orders that property (whether real or\npersonal) be delivered up or transferred to a person under disability\n(whether or not that person is a party to a cause or matter), the court—\n(a) may order that the property be delivered up or transferred to the\npublic trustee and guardian on behalf of that person; and\n(b) may give such directions for the service of the order on the\npublic trustee and guardian as it thinks fit.\n(6) Where an order under subsection (5) is served on the public trustee\nand guardian, the public trustee and guardian shall accept delivery or\ntransfer of the property to which the order relates and the acceptance\nof the property shall be a sufficient discharge to the person delivering\nor transferring the property.\n\n(7) Nothing in this section applies in relation to—\n(a) money ordered or agreed to be paid in proceedings in the\nMagistrates Court, being money due to a person who has not\nattained full age as salary, wages or otherwise in respect of the\nperson’s employment; or\n(b) money payable as compensation under the Workers\nCompensation Act 1951 by way of a weekly payment.\n(8) In this section:\ncourt includes the Magistrates Court and a tribunal.\n","sortOrder":37},{"sectionNumber":"25A","sectionType":"section","heading":"Amounts etc paid by trustee for person under disability","content":"25A Amounts etc paid by trustee for person under disability\n(1) If an amount is paid to, or property is accepted by, the public trustee\nand guardian on behalf of a person under disability, the public trustee\nand guardian must hold the amount or property on trust for the person.\n(2) The public trustee and guardian may, subject to any direction of the\nSupreme Court—\n(a) pay an amount, or give property, to anyone the public trustee\nand guardian considers appropriate, for the maintenance,\neducation, advancement or benefit of the person or a dependent\nof the person; and\n(b) use the amount or property for the maintenance, education,\nadvancement or benefit of the person or a dependent of the\nperson; and\n(c) pay an amount, or give property, into a superannuation fund on\nbehalf of the person; and\n(d) if an amount is paid, or property given, under paragraph (c)—\nmanage the superannuation fund on behalf of the person.\n(3) If an amount is paid under subsection (2) (a), the public trustee and\nguardian need not supervise the use of the amount.\n\nsuperannuation fund means a complying superannuation fund for\nthe Income Tax Assessment Act 1997 (Cwlth).\n26 Power of public trustee and guardian to sue self when\nacting in different capacities\n(1) Notwithstanding any rule of law or practice to the contrary, the public\ntrustee and guardian, acting in one capacity, may, subject to\nsubsection (2) commence proceedings against the public trustee and\nguardian acting in another capacity.\n(2) Before commencing proceedings under subsection (1), the public\ntrustee and guardian shall apply to the court for directions as to the\nmanner in which the respective interests of the public trustee and\nguardian are to be represented in the proceedings.\n","sortOrder":38},{"sectionNumber":"27","sectionType":"section","heading":"Power of public trustee and guardian to contract with self","content":"27 Power of public trustee and guardian to contract with self\nin certain circumstances\n(1) The public trustee and guardian, while acting in any capacity in\nconnection with a trust or estate, may enter into a contract, deed or\ncovenant with the public trustee and guardian while acting in any\ncapacity in connection with another trust or estate or as manager of\nproperty.\n(2) The public trustee and guardian, while acting as manager of property,\nmay enter into a contract, deed or covenant with the public trustee\nand guardian while acting as manager of other property or in any\ncapacity in connection with a trust or estate.\n\n","sortOrder":39},{"sectionNumber":"28","sectionType":"section","heading":"Fees and expenses of public trustee and guardian","content":"28 Fees and expenses of public trustee and guardian\n(1) The public trustee and guardian—\n(a) may, in respect of a service rendered by the public trustee and\nguardian for which no other provision for the payment of a fee\nis made under this Act, charge such fee, whether by way of\ncommission or otherwise, as is determined under section 75 for\nthis section; and\n(b) is entitled to the reasonable expenses incurred by the public\ntrustee and guardian in rendering a service.\n(2) The fees and expenses payable under subsection (1) in respect of a\nservice rendered by the public trustee and guardian in connection with\nan estate, trust or fund—\n(a) may be paid by the public trustee and guardian from moneys in\nthe estate, trust or fund; and\n(b) are, subject to any other law in force in the ACT, payable in\npriority to any other debts or liabilities of the estate, trust or\nfund.\n(3) The incidence of the fees and expenses payable under this section as\nbetween capital and income shall be determined by the public trustee\nand guardian.\n(4) Where, but for this subsection, there would be payable to the public\ntrustee and guardian under this section an amount in respect of fees\nor expenses, the public trustee and guardian may dispense with the\npayment of that amount or reduce the amount that would otherwise\nbe payable where the public trustee and guardian is satisfied that\npayment of the amount would impose hardship on a person or that\nother circumstances exist that justify taking such action.\n\n","sortOrder":40},{"sectionNumber":"29","sectionType":"section","heading":"Payments to persons outside Australia","content":"29 Payments to persons outside Australia\n(1) Where any moneys or chattels are payable or deliverable by the public\ntrustee and guardian to a person in a country other than Australia, the\npublic trustee and guardian may pay those moneys or deliver those\nchattels, on behalf of that person—\n(a) to a consular officer of that country resident in Australia; or\n(b) if there is no such officer—to an official of that country,\nwherever the official is resident, who appears to the public\ntrustee and guardian to be a suitable person to receive those\nmoneys or chattels.\n(2) The receipt of a consular officer or official of moneys or chattels paid\nor delivered to the consular officer or official under subsection (1) is\na complete and sufficient discharge to the public trustee and guardian\nand the public trustee and guardian has no further concern to see to\nthe application of those moneys or chattels.\n","sortOrder":41},{"sectionNumber":"29A","sectionType":"section","heading":"Payment of money without grant of administration","content":"29A Payment of money without grant of administration\n(1) This section applies if—\n(a) before a person dies, the public trustee and guardian holds an\namount or personal property for the person; and\n(b) on the person’s death, the total of the amount and the value of\nthe personal property as estimated by the public trustee and\nguardian is not more than $20 000; and\n(c) the public trustee and guardian has no knowledge of an\napplication for probate of the person’s will or for letters of\nadministration of the person’s estate.\n\n(2) The public trustee and guardian may pay the amount, and transfer the\npersonal property, to a person the public trustee and guardian\nconsiders is entitled to the amount or property (the entitled person)\nwithout proof of the entitled person having obtained probate of the\ndeceased person’s will or administration of the deceased person’s\n(3) For subsection (2), the public trustee and guardian may require the\nentitled person to give an undertaking that the amount or personal\nproperty will be administered by the entitled person for the deceased\nperson’s estate.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n(4) An amount paid, or personal property given, under subsection (2) is\ntaken to have been paid to the deceased person’s estate.\n(5) This section does not affect any right of a person to claim or recover\nan amount paid, or personal property given, under subsection (2)\nfrom a person other than the public trustee and guardian.\n","sortOrder":42},{"sectionNumber":"30","sectionType":"section","heading":"Dealings with other public trustees","content":"30 Dealings with other public trustees\n(a) the public trustee and guardian is administering the estate in the\nACT of a person who, at the time of the person’s death, was\ndomiciled outside the ACT; and\n(b) the estate of the person in the place in which the person was, at\nthe time of the person’s death, domiciled is being administered\nby the public trustee or other like official of the place of\ndomicile;\n\nthe public trustee and guardian may, after payment of creditors and\nthe fees, charges and expenses provided for under this Act, pay the\nbalance of the proceeds of the estate in the ACT to the public trustee\nor other like official of the place of domicile, without incurring any\nliability in relation to the payment, and without any obligation to see\nto the application, of that balance.\n(a) the estate of a deceased person who, at the time of the person’s\ndeath, was domiciled in the ACT is being administered by the\npublic trustee and guardian; and\n(b) the public trustee or other like official of a place other than the\nACT has obtained administration of the estate of the deceased\nperson in that place;\nthe public trustee and guardian may receive from that public trustee\nor other like official the balance of the estate of the deceased person\nin that place.\n(3) The balance of an estate received by the public trustee and guardian\nunder subsection (2) shall form part of the estate of the deceased\nperson in the ACT.\n","sortOrder":43},{"sectionNumber":"31","sectionType":"section","heading":"Unclaimed moneys","content":"31 Unclaimed moneys\n(a) the public trustee and guardian has been administering an estate\nfor a period of not less than 6 years; and\n(b) moneys forming part of the estate are being held by the public\ntrustee and guardian; and\n(c) the public trustee and guardian—\n(i) has no knowledge of the existence or whereabouts of a\nperson who is, or claims to be, entitled to the moneys; or\n\n(ii) in a case in which the existence and whereabouts of the\nperson entitled to receive the moneys are known to the\npublic trustee and guardian—is unable, for any reason\nwhatsoever, to effect payment of the moneys to the person;\nthe public trustee and guardian shall pay those moneys to the\n(2) A person who claims to be entitled to any moneys paid to the\nTerritory under subsection (1) may apply to the court for an order\ndeclaring the person to be so entitled and, if the court is satisfied that\nthe person is entitled to the moneys or a part of the moneys, it may\nmake an order accordingly.\n(3) Where an order is made under subsection (2), there is payable to the\nperson in whose favour the order is made by the Territory an amount\nequal to the amount specified in the order.\n","sortOrder":44},{"sectionNumber":"32","sectionType":"section","heading":"Allowance of claims","content":"32 Allowance of claims\nThe public trustee and guardian may—\n(a) at any time, require a person to make a statement or produce\nother sufficient evidence to support a claim in connection\nwith—\n(i) an estate or trust being administered by the public trustee\nand guardian; or\n(ii) property of which the public trustee and guardian is\nmanager; and\n(b) refuse to admit or take any further action in relation to the claim\nuntil the declaration or evidence is produced.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n\n","sortOrder":45},{"sectionNumber":"33","sectionType":"section","heading":"Dispute involving claims","content":"33 Dispute involving claims\n(1) The public trustee and guardian may, in connection with the\nadministration of a deceased estate, give public notice that any person\nwho claims to be a creditor against the estate must notify the public\ntrustee and guardian, in writing, of the claim within the period stated\nin the notice.\n(a) the public trustee and guardian gives public notice under\nsubsection (1); and\n(b) a claim is made by a person in accordance with the notice; and\n(c) the public trustee and guardian disputes, in whole or in part, the\nclaim of the person;\nthe public trustee and guardian shall give to the person a notice, in\nwriting—\n(d) setting out the decision of the public trustee and guardian; and\n(e) calling upon the person to institute proceedings to enforce the\nclaim within 3 months after the receipt by the person of the\nnotice; and\n(f) containing a statement informing the person of the effect of a\nrefusal or failure by the person to comply with the notice.\n\n(3) If a person to whom a notice is given under subsection (2) does not,\nwithin the period specified in the notice, or within such further period\nas the court, on an application made to it by the person before the\nexpiration of that firstmentioned period, allows, institute proceedings\nto enforce the person’s claim—\n(a) the public trustee and guardian may deal with the estate in\nconnection with which the notice under subsection (1) was\npublished without taking into consideration the claim or so\nmuch of the claim as the public trustee and guardian disputes;\nand\n(b) the right of the person to recover the amount of the claim or that\npart of the claim that the public trustee and guardian disputes\nshall be absolutely barred.\n\n","sortOrder":46},{"sectionNumber":"33A","sectionType":"section","heading":"Meaning of domestic partner for pt 5","content":"33A Meaning of domestic partner for pt 5\nIn this part:\ndomestic partner, of the owner of property, means the domestic\npartner of the owner when the owner was last known to be alive.\nNote This definition qualifies the meaning of domestic partner given by the\nLegislation Act, s 169.\n","sortOrder":47},{"sectionNumber":"34","sectionType":"section","heading":"Application for appointment as manager of property","content":"34 Application for appointment as manager of property\n(1) The public trustee and guardian may apply to the court for an order\nappointing the public trustee and guardian manager of property\nwhere—\n(a) the owner of the property is unknown; or\n(b) the whereabouts of the owner of the property are unknown; or\n(c) it is not known whether the owner of the property is alive or\ndead; or\n(d) the owner of the property is dead or permanently or indefinitely\nabsent from the ACT and—\n(i) it is not known whether the person has a personal\nrepresentative or agent in the ACT with authority to take\npossession of and administer the property; or\n(ii) the whereabouts of the person’s personal representative or\nagent are unknown; or\n(iii) it is not known whether the person’s personal\nrepresentative or agent is alive or dead; or\n(e) the owner of the property is a corporation and an officer or agent\nof the corporation cannot be found; or\n(f) the property appears to have been abandoned.\n\n(2) On an application being made to it under this section, the court may,\nby order, appoint the public trustee and guardian manager of the\nproperty in respect of which the application is made if the court is\nsatisfied that the appointment is necessary or desirable—\n(a) in the interests of the owner of the property or of any other\nperson; or\n(b) in order to properly protect or preserve the property.\n(3) In making an order under this section appointing the public trustee\nand guardian manager of property, the court may specify the powers\nthat may be exercised by the public trustee and guardian in connection\nwith the property.\n","sortOrder":48},{"sectionNumber":"35","sectionType":"section","heading":"Election to become manager of property","content":"35 Election to become manager of property\n(1) Where, in respect of property in connection with which an application\ncould be made under section 34, the public trustee and guardian—\n(a) estimates that the gross value of the property does not exceed\n$10 000; and\n(b) is satisfied that—\n(i) in the interests of the owner of the property or of any other\nperson; or\n(ii) in order to properly protect or preserve the property;\nit is necessary or desirable that the public trustee and guardian\nshould become the manager of the property;\nthe public trustee and guardian may, without making an application\nto the court, elect to become manager of the property by filing in the\noffice of the court a notice of election.\n(2) On a notice of election being filed by the public trustee and guardian\nunder subsection (1), the public trustee and guardian shall become\nmanager of the property in respect of which the election is made.\n\n","sortOrder":49},{"sectionNumber":"36","sectionType":"section","heading":"Public notice of appointment or election","content":"36 Public notice of appointment or election\nAs soon as practicable after making an application under section 34\nor filing a notice of election under section 35, the public trustee and\nguardian must give public notice of the application or election.\n","sortOrder":50},{"sectionNumber":"37","sectionType":"section","heading":"Property does not vest in public trustee and guardian as","content":"37 Property does not vest in public trustee and guardian as\nmanager\nWhere the public trustee and guardian—\n(a) is appointed or elects to become manager of property under this\npart; or\n(b) becomes manager of property under this part because of\nsection 40 (1);\nthe property does not vest in the public trustee and guardian.\n","sortOrder":51},{"sectionNumber":"38","sectionType":"section","heading":"Powers of public trustee and guardian as manager","content":"38 Powers of public trustee and guardian as manager\n(1) Unless the court in a particular case otherwise orders, the public\ntrustee and guardian as manager of property under this part may—\n(a) take or recover possession of the property and recover all sums\nof money (including sums of money payable in respect of\ndamages and mesne profits) payable to the owner of the property\nin connection with the property, whether the money became\npayable before or after the public trustee and guardian became\nmanager of the property; and\n(b) do all things necessary for obtaining or perfecting the title to the\n(c) carry out or enforce, in such manner as the public trustee and\nguardian thinks fit, any contract affecting the property and\nexercise any powers conferred by the contract; and\n\n(d) perform or discharge any obligation or duty imposed on the\nowner of the property; and\n(e) apply the property, or any money received by the public trustee\nand guardian as manager of the property, for the maintenance,\neducation, advancement or benefit of the domestic partner,\nchildren or other dependants of the owner of the property; and\n(f) pay, out of moneys received or borrowed by or advanced to the\npublic trustee and guardian as manager of the property—\n(i) any mortgages, charges or other obligations on or attached\nto the property; and\n(ii) any debts, liabilities, costs, expenses or other obligations\nof the owner of the property; and\n(g) exercise any power conferred by or under an instrument or any\nlaw in force in the ACT on the owner of the property; and\n(h) subject to this Act, sell the property; and\n(i) cut, gather and sell crops growing or situated on the property;\nand\n(j) erect or contribute to the costs of erecting fences on or around\nthe property; and\n(k) in the name of the owner of the property or, if the public trustee\nand guardian thinks fit, in the corporate name of the public\ntrustee and guardian, bring or defend any proceedings relating\nto the property; and\n(l) exercise such other powers as may be conferred on the public\ntrustee and guardian by the court under section 34 (3); and\n\n(m) subject to the provisions of this part relating to the sale of\nproperty by the public trustee and guardian, exercise such\npowers that the public trustee and guardian, if the public trustee\nand guardian were the trustee of the property, could, under this\nAct or any other law in force in the ACT, exercise in relation to\nthe property.\n(2) An instrument executed by the public trustee and guardian as\nmanager of property in the exercise of any of the powers conferred\non the public trustee and guardian under this part shall have effect and\nmay be registered in all respects as if it had been executed by the\nowner of the property.\n","sortOrder":52},{"sectionNumber":"39","sectionType":"section","heading":"Application for directions and sale of property in special","content":"39 Application for directions and sale of property in special\ncircumstances\n(1) The court may, on an application made to it in relation to property of\nwhich the public trustee and guardian is manager under this part, give\ndirections relating to—\n(a) the property; or\n(b) the management or administration of the property; or\n(c) the exercise of any of the powers conferred on the public trustee\nand guardian under this part in respect of the property.\n(2) An application under subsection (1) may be made by—\n(a) the public trustee and guardian; or\n(b) the domestic partner, a child, or any other dependant of the\nowner of the property; or\n(c) any person who has an interest in the property to which the\napplication relates.\n\n(3) The court may, on an application made to it by the public trustee and\nguardian in relation to property of which the public trustee and\nguardian is manager under this part, make an order authorising the\npublic trustee and guardian to sell the property on such conditions as\nit thinks fit.\n(4) Before determining an application under this section, the court may\ndirect that notice of the application—\n(a) be served on such person as it thinks fit; or\n(b) be published in such manner as it thinks fit.\n(5) For the purpose of determining an application under this section, the\ncourt shall have regard to—\n(a) the need for preservation of the property to which the application\nrelates; and\n(b) the likelihood of the property deteriorating; and\n(c) the interest of any person having an interest in the property; and\n(d) the interest of the domestic partner, a child, or any other\ndependant of the owner of the property; and\n(e) in the case of an application under subsection (3)—whether\ncontinued management of the property by the public trustee and\nguardian might, for any reason, be unduly onerous; and\n(f) such other matter as it thinks fit.\n(6) Where—\n(a) the public trustee and guardian is acting as manager of property\nunder this part; and\n(b) the gross value of the property does not exceed $5 000; and\n\n(c) the public trustee and guardian considers that it is necessary or\ndesirable to sell the property having regard to—\n(i) the likelihood of the property deteriorating; or\n(ii) the interest of any person having an interest in the property;\nor\n(iii) the interest of the domestic partner, a child, or any other\ndependant of the owner of the property; or\n(iv) the likelihood that continued management of the property\nby the public trustee and guardian might, for any reason,\nbe unduly onerous;\nthe public trustee and guardian may sell the property.\n(7) Where the public trustee and guardian sells property under this\nsection, the public trustee and guardian ceases to be manager of that\nproperty.\n","sortOrder":53},{"sectionNumber":"40","sectionType":"section","heading":"Management of certain moneys by public trustee and","content":"40 Management of certain moneys by public trustee and\nguardian\n(1) Where the public trustee and guardian—\n(a) receives moneys as the proceeds of a sale or property effected\nunder this section 39; or\n(b) receives or recovers any moneys (including moneys received or\nrecovered as income, damages or mesne profits) in respect of\nproperty of which the public trustee and guardian is manager;\nthe public trustee and guardian shall, under this subsection, become\nmanager under this part of those moneys.\n(2) Subsection (1) does not apply in relation to moneys received as the\nproceeds of a sale of property under section 43.\n\n","sortOrder":54},{"sectionNumber":"41","sectionType":"section","heading":"Property to be held for owner","content":"41 Property to be held for owner\nWhere the public trustee and guardian takes possession of property of\nwhich the public trustee and guardian—\n(a) has been appointed, or has elected to become, manager under\nthis part; or\n(b) has become manager under this part because of section 40 (1);\nthe property shall, after payment of all moneys authorised to be\napplied, expended or charged by the public trustee and guardian, be\nheld by the public trustee and guardian for the owner of or person\nbeneficially entitled to the property.\n","sortOrder":55},{"sectionNumber":"42","sectionType":"section","heading":"Charge over property","content":"42 Charge over property\n(1) Where any fees, costs or expenses are incurred by or payable to the\npublic trustee and guardian as manager of property under this part,\nthere is created, by force of this subsection, a charge on that property\nto secure the payment of those fees, costs or expenses.\n(2) The charge created on property by subsection (1)—\n(a) is subject to any mortgage or charge to which the property was\nsubject immediately before the fees, costs or expenses were\nincurred or became payable; and\n(b) subject to subsection (3), has priority over all other mortgages\nor charges whatsoever.\n(3) The public trustee and guardian may postpone, wholly or in part, a\ncharge created on property by subsection (1) in favour of a mortgage\nor charge created after the firstmentioned charge was created.\n(4) The amount of money for the time being charged on property under\nsubsection (1) shall bear interest at such rate as is prescribed.\n\n","sortOrder":56},{"sectionNumber":"43","sectionType":"section","heading":"Disposal of property","content":"43 Disposal of property\n(a) the public trustee and guardian is satisfied that a person is the\nowner of or beneficially entitled to property of which the public\ntrustee and guardian is manager under this part; and\n(b) the whereabouts of the person are known to the public trustee\nand guardian;\nthe public trustee and guardian shall transfer the property to the\nperson or, where for any reason the public trustee and guardian\nconsiders that it is not reasonably practicable to transfer the property\nto the person, the public trustee and guardian shall give to the person\na notice—\n(c) describing the property; and\n(d) specifying the location of the property; and\n(e) informing the person that the public trustee and guardian is\nacting as manager of the property; and\n(f) requesting that the person, within such period as is specified in\nthe notice, being a period of not less than 2 months after the date\nof the notice, take delivery of, or make arrangements,\nsatisfactory to the public trustee and guardian, for taking\ndelivery of, the property; and\n(g) informing the person of the action that may be taken by the\npublic trustee and guardian under this section in connection with\nthe property in the event of the request referred to in\nparagraph (f) not being complied with.\n\n(a) a notice relating to property is given to a person under\nsubsection (1); and\n(b) the person—\n(i) does not comply with the request contained in the notice;\nor\n(ii) having complied with the request by making arrangements\nfor taking delivery of the property—does not give effect to\nthose arrangements;\nthe public trustee and guardian shall give to the person a further\nnotice—\n(c) requiring the person, within such period as is specified in the\nnotice, being a period of not less than 3 months after the date of\nthe notice, to take delivery of, or make arrangements,\nsatisfactory to the public trustee and guardian, for taking\ndelivery of, the property; and\n(d) informing the person of the relevant action that may be taken by\nthe public trustee and guardian in connection with the property\nunder subsection (3) if the requirement referred to in\nparagraph (c) is not complied with; and\n(e) where appropriate, informing the person that the proceeds of\nsale of the property will be paid to the Territory.\n(3) Where—\n(a) a notice relating to property is given to a person under\nsubsection (2); and\n(b) the person—\n(i) does not comply with the requirement contained in the\nnotice; or\n\n(ii) having complied with the requirement by making\narrangements for taking delivery of the property—does not\ngive effect to those arrangements;\n(c) if the property is not money—\n(i) where the gross value of the property exceeds $5 000—\nmay apply to the court for an order to sell the property and\nthe court may make an order accordingly; or\n(ii) where the gross value of the property does not exceed\n$5 000—may sell the property; or\n(d) if the property is money—shall, after deduction of all costs and\nother person in connection with the property, pay it to the\n(4) Where, on an application made to it by a person, the court is satisfied\nthat—\n(a) the applicant or another person is the owner of or beneficially\nentitled to property of which the public trustee and guardian is\nmanager under this part; and\n(b) the whereabouts of the applicant or that other person are known;\nthe court shall order that the property be transferred to the applicant\nor that other person, as the case requires, or make such other order as\nit thinks fit.\n(5) Where—\n(a) the public trustee and guardian has continued to act as manager\nof property for a period of not less than 7 years; and\n(b) the owner of or person beneficially entitled to the property has\nnot been ascertained or, if ascertained, has not been located; and\n\n(c) the gross value of the property does not exceed $5 000;\n(d) if the property is not money—may sell or otherwise dispose of\nthe property in such manner as the public trustee and guardian\nthinks fit; or\n(e) if the property is money—shall, after deduction of all costs and\nother person in connection with the property, pay it to the\n(6) Where, on an application made to it by the public trustee and\nguardian, the court is satisfied that—\n(a) the public trustee and guardian has continued to act as manager\nof property for a period of not less than 7 years; and\n(b) the owner of or person beneficially entitled to the property has\nnot been ascertained or, if ascertained, has not been located;\nthe court shall order—\n(c) if the property is not money—that the property be sold or\notherwise disposed of in such manner as it thinks fit; or\n(d) if the property is money—that, after deduction of all costs and\nother person in connection with the property, it be paid to the\n(7) Before selling or otherwise disposing of property under\nsubsection (5), the public trustee and guardian must—\n(a) give public notice of the proposed sale or disposal; and\n\n(b) if the last-known place of residence of the person lawfully\nentitled to the property is in another State or Territory—give\nnotice of the proposed sale or disposal in a newspaper\ncirculating in that State or Territory.\n(8) Before determining an application under subsection (6), the court\nmay direct—\n(a) that notice of the application be served on such person as it\nthinks fit; and\n(b) that notice of the application be published in such manner as it\nthinks fit.\n","sortOrder":57},{"sectionNumber":"44","sectionType":"section","heading":"Cessation of management","content":"44 Cessation of management\n(1) The public trustee and guardian shall cease to be manager of property\nwhere—\n(a) the property is transferred to a person under section 43 (1); or\n(b) the property is transferred to a person in consequence of a notice\nhaving been given to the person under section 43 (1) or (2); or\n(c) the property is sold under section 43 (3); or\n(d) the property, being money, is paid to the Territory under\nsection 43 (3), (5) or (6); or\n(e) the property is transferred to a person under, or effect is\notherwise given to, an order made under section 43 (4); or\n(f) the property is sold or otherwise disposed of under section 43 (5)\nor (6).\n\n(2) On ceasing to be manager of property under subsection (1) (c) or (f),\nthe public trustee and guardian shall, after deduction of all costs and\ncharges lawfully due to the public trustee and guardian or any other\nperson in connection with the property, pay to the Territory any\nproceeds of sale of the property.\n(3) The cessation under this section or section 39 (7) of the authority of\nthe public trustee and guardian to act as manager under this part does\nnot affect any charge acquired by the public trustee and guardian in\nrespect of the property, or the validity of any act or thing done by the\npublic trustee and guardian in connection with the property, while\nacting in that capacity.\n","sortOrder":58},{"sectionNumber":"45","sectionType":"section","heading":"Claims made after cessation of management","content":"45 Claims made after cessation of management\n(1) Where, on the public trustee and guardian ceasing to be manager of\nproperty, money is paid to the Territory under section 43 (3), (5)\nor (6) or 44 (2), a person may apply to the court for an order under\nthis section in relation to the property.\n(2) Where, on an application made to the court under this section, the\ncourt is satisfied that, at the time the public trustee and guardian\nceased to be manager of the property in connection with which the\napplication is made, the applicant was the owner or 1 of the owners\nof the property or beneficially entitled or 1 of the persons beneficially\nentitled to the property, the court may make an order to that effect.\n(3) On an order being made by the court under this section in connection\nwith property, there is payable by the Territory to the person in\nrelation to whom the order was made—\n(a) where the court was satisfied that the person was the sole owner\nof or the only person beneficially entitled to the property—an\namount equal to the amount or the aggregate of the amounts paid\nto the Territory in connection with the property; and\n\n(b) where the court was satisfied that the person was 1 of the owners\nof or persons beneficially entitled to the property—an amount\nequal to such part of the amount or the aggregate of the amounts\npaid to the Territory in connection with the property as bears the\nsame proportion to that lastmentioned amount, or that aggregate,\nas the case requires, as the interest of the person in the property\nbears to the interest that the person would have if the person\nwere the sole owner of or the only person beneficially entitled\nto the property.\n\n","sortOrder":59},{"sectionNumber":"46","sectionType":"section","heading":"Establishment of board","content":"46 Establishment of board\nThe Public Trustee and Guardian Investment Board is established.\n","sortOrder":60},{"sectionNumber":"47","sectionType":"section","heading":"Function of board","content":"47 Function of board\nThe function of the board is to advise the public trustee and guardian\non the investment of money that is from time to time in a common\nfund or otherwise in the hands of the public trustee and guardian and\navailable for investment.\nNote A provision of a law that gives an entity a function also gives the entity\npowers necessary and convenient to exercise the function (see Legislation\nAct 2001, s 196 and dict, pt 1, def of entity).\n","sortOrder":61},{"sectionNumber":"48","sectionType":"section","heading":"Membership of board","content":"48 Membership of board\n(1) The board consists of—\n(a) the public trustee and guardian; and\n(b) at least 2 other members appointed by the Minister.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n(2) A member mentioned in subsection (1) (b) must be appointed for a\nterm of not longer than 3 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act 2001, s 208 and dict , pt 1,\ndef of appoint).\n","sortOrder":62},{"sectionNumber":"49","sectionType":"section","heading":"Senior member of board","content":"49 Senior member of board\nThe public trustee and guardian shall be the senior member of the\n\n","sortOrder":63},{"sectionNumber":"53","sectionType":"section","heading":"Ending board member appointments","content":"53 Ending board member appointments\n(1) This section applies to a board member other than the public trustee\nand guardian.\n(2) The Minister may end the member’s appointment—\n(a) if the member contravenes a territory law; or\n(b) for misbehaviour; or\n(c) if the member becomes bankrupt or personally insolvent; or\nNote Bankrupt or personally insolvent—see the Legislation Act,\ndictionary, pt 1.\n(d) if the member is convicted, or found guilty, in Australia of an\noffence punishable by imprisonment for at least 1 year; or\n(e) if the member is convicted, or found guilty, outside Australia of\nan offence that, if it had been committed in the ACT, would be\npunishable by imprisonment for at least 1 year; or\n(f) if the member exercises the member’s functions other than in\naccordance with section 53A (Honesty, care and diligence of\nboard members); or\n(g) if the member fails to take all reasonable steps to avoid being\nplaced in a position where a conflict of interest arises during the\nexercise of the member’s functions; or\n(h) if the member contravenes section 53D (Disclosure of interests\nby board members); or\n(i) if the member is absent from 3 consecutive meetings of the\nboard, otherwise than on approved leave; or\n(j) for physical or mental incapacity, if the incapacity substantially\naffects the exercise of the member’s functions.\nNote A person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\n\n(3) The Minister may also end the appointment of the member (the\nmember concerned) if the board tells the Minister in writing that it\nhas resolved, by a majority of at least 2/3 of the members, to\nrecommend to the Minister that the member’s appointment be ended.\n(4) The board may pass a resolution mentioned in subsection (3) only\nif—\n(a) at least 3 weeks written notice of the intention to consider the\nproposed resolution has been given to the member concerned;\nand\n(b) the member concerned has been given an opportunity to make\nsubmissions and present documents to a meeting of the board;\nand\n(c) if the member concerned has used the opportunity mentioned in\nparagraph (b)—a summary of the member’s submissions is\nrecorded in the minutes of the board and a copy of any\ndocuments presented is included in the minutes.\n(5) A member who is a public servant ceases to hold office as a member\nif the member ceases to be a public servant.\n","sortOrder":64},{"sectionNumber":"53A","sectionType":"section","heading":"Honesty, care and diligence of board members","content":"53A Honesty, care and diligence of board members\nIn exercising the functions of a board member, a member must\nexercise the degree of honesty, care and diligence required to be\nexercised by a director of a corporation in relation to the affairs of the\ncorporation.\n","sortOrder":65},{"sectionNumber":"53B","sectionType":"section","heading":"Conflict of interest","content":"53B Conflict of interest\nA board member must take all reasonable steps to avoid being placed\nin a position where a conflict of interest arises during the exercise of\nthe member’s functions.\n\n","sortOrder":66},{"sectionNumber":"53C","sectionType":"section","heading":"Agenda to require disclosure of interest item","content":"53C Agenda to require disclosure of interest item\nThe agenda for each meeting of the board must include an item\nrequiring any material interest in an issue to be considered at the\nmeeting to be disclosed to the meeting.\n","sortOrder":67},{"sectionNumber":"53D","sectionType":"section","heading":"Disclosure of interests by board members","content":"53D Disclosure of interests by board members\n(1) If a board member has a material interest in an issue being considered,\nor about to be considered, by the board, the member must disclose the\nnature of the interest at a board meeting as soon as practicable after\nthe relevant facts come to the member’s knowledge.\nNote Material interest is defined in s (4). The definition of indirect interest in\ns (4) applies to the definition of material interest.\n(2) The disclosure must be recorded in the board’s minutes and, unless\nthe board otherwise decides, the member must not—\n(a) be present when the board considers the issue; or\n(b) take part in a decision of the board on the issue.\nExample\nAlbert, Boris and Chloe are members of the board. They have an interest in an\nissue being considered at the board meeting and they disclose the interest as soon\nas they become aware of it. Albert’s and Boris’s interests are minor but Chloe has\na direct financial interest in the issue.\nThe board considers the disclosures and decides that because of the nature of the\ninterests:\n• Albert may be present when the board considers the issue but not take part in\nthe decision\n• Boris may be present for the consideration and take part in the decision.\nThe board does not make a decision allowing Chloe to be present or take part in the\nboard’s decision. Accordingly, since Chloe has a material interest she cannot be\npresent for the consideration of the issue or take part in the decision.\n(3) Any other board member who also has a material interest in the issue\nmust not be present when the board is considering its decision under\nsubsection (2).\n\nassociate, of a person, means—\n(a) the person’s business partner; or\n(b) a close friend of the person; or\n(c) a family member of the person.\nexecutive officer, of a corporation, means a person (however\ndescribed) who is concerned with, or takes part in, the corporation’s\nmanagement, whether or not the person is a director of the\ncorporation.\nindirect interest—without limiting the kinds of indirect interests a\nperson may have, a person has an indirect interest in an issue if any\nof the following has an interest in the issue:\n(a) an associate of the person;\n(b) a corporation if the corporation has not more than 100 members\nand the person, or an associate of the person, is a member of the\ncorporation;\n(c) a subsidiary of a corporation mentioned in paragraph (b);\n(d) a corporation if the person, or an associate of the person, is an\nexecutive officer of the corporation;\n(e) the trustee of a trust if the person, or an associate of the person,\nis a beneficiary of the trust;\n(f) a member of a firm or partnership if the person, or an associate\nof the person, is a member of the firm or partnership;\n(g) someone else carrying on a business if the person, or an\nassociate of the person, has a direct or indirect right to\nparticipate in the profits of the business.\n\nmaterial interest—a board member has a material interest in an issue\nif the member has—\n(a) a direct or indirect financial interest in the issue; or\n(b) a direct or indirect interest of any other kind if the interest could\nconflict with the proper exercise of the member’s functions in\nrelation to the board’s consideration of the issue.\n","sortOrder":68},{"sectionNumber":"53E","sectionType":"section","heading":"Reporting of disclosed interests to Minister","content":"53E Reporting of disclosed interests to Minister\n(1) Within 3 months after the day a material interest is disclosed under\nsection 53D (1), the senior member of the board must report to the\nMinister in writing about—\n(a) the disclosure; and\n(b) the nature of the interest disclosed; and\n(c) any decision by the board under section 53D (2).\n(2) The senior member must also give the Minister, not later than 31 days\nafter the end of each financial year, a statement that sets out the\ninformation given to the Minister in reports under subsection (1) that\nrelate to disclosures made during the previous financial year.\n(3) The Minister must give a copy of the statement to the relevant\nAssembly committee within 31 days after the day the Minister\nreceives the statement.\nrelevant Assembly committee means a standing committee of the\nLegislative Assembly nominated, in writing, by the Speaker for\nsubsection (3).\n\n","sortOrder":69},{"sectionNumber":"53F","sectionType":"section","heading":"Protection of board members from liability","content":"53F Protection of board members from liability\n(1) A board member is not civilly liable for anything done or omitted to\nbe done honestly and without recklessness—\n(a) in the exercise of a function under a territory law; or\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under a territory law.\n(2) Any liability that would, apart from this section, attach to a board\nmember attaches instead to the Territory.\n","sortOrder":70},{"sectionNumber":"53G","sectionType":"section","heading":"Indemnification and exemption of board members","content":"53G Indemnification and exemption of board members\n(1) The public trustee and guardian must not exempt a board member\n(whether directly or through another entity) from liability to the\npublic trustee and guardian or the Territory.\n(2) The public trustee and guardian must not indemnify a board member\n(whether directly or through another entity and whether by agreement\nor by making a payment) against any of the following liabilities\nincurred as a board member:\n(a) a liability owed to the public trustee and guardian or the\nTerritory;\n(b) a liability owed to someone other than the public trustee and\nguardian or the Territory that did not arise from honest conduct.\n(3) The public trustee and guardian must not indemnify a board member\n(whether directly or through another entity and whether by agreement\nor by making a payment) against legal costs incurred as a member if\nthe costs are incurred—\n(a) in defending or resisting a proceeding if the person is found to\nhave a liability for which the person could not be indemnified\nunder subsection (2); or\nNote A board member is not personally liable for certain acts done or\nomissions made honestly and without recklessness (see s 53F).\n\nBoard meetings Division 6.2\n(b) in defending or resisting a criminal proceeding in which the\nperson is found guilty.\n","sortOrder":71},{"sectionNumber":"Div 6","sectionType":"division","heading":"2 Board meetings","content":"Division 6.2 Board meetings\n","sortOrder":72},{"sectionNumber":"54","sectionType":"section","heading":"Time and place of board meetings","content":"54 Time and place of board meetings\n(1) Meetings of the board are to be held when and where the senior\nmember decides.\n(2) The senior member must give the other members reasonable notice\nof the time and place of the meeting.\n","sortOrder":73},{"sectionNumber":"54A","sectionType":"section","heading":"Presiding member at meetings","content":"54A Presiding member at meetings\n(1) The senior member presides at all meetings at which the senior\nmember is present.\n(2) If the senior member is absent, the member chosen by the members\npresent presides.\n","sortOrder":74},{"sectionNumber":"54B","sectionType":"section","heading":"Quorum at meetings","content":"54B Quorum at meetings\nBusiness may be carried on at a meeting of the board only if at least\n2 members are present.\n","sortOrder":75},{"sectionNumber":"54C","sectionType":"section","heading":"Voting at meetings","content":"54C Voting at meetings\n(1) At a meeting of the board each member has a vote on each question\nto be decided.\n(2) A question is decided by a majority of the votes of the members\npresent and voting but, if the votes are equal, the member presiding\nhas a deciding vote.\n(3) However, if only 2 members are present at the meeting, and they\ndiffer on a question arising at the meeting, the question must be\ndeferred until the next meeting at which more than 2 members are\npresent.\n\n","sortOrder":76},{"sectionNumber":"54D","sectionType":"section","heading":"Conduct of meetings etc","content":"54D Conduct of meetings etc\n(1) The board may conduct its proceedings (including its meetings) as it\nconsiders appropriate.\n(2) A meeting may be held using a method of communication, or a\ncombination of methods of communication, that allows a board\nmember taking part to hear what each other member taking part says\nwithout the members being in each other’s presence.\nExamples\na phone link, a satellite link, an internet or intranet link\n(3) A board member who takes part in a meeting conducted under\nsubsection (2) is taken, for all purposes, to be present at the meeting.\n(4) A resolution is a valid resolution of the board, even if it is not passed\nat a meeting of the board, if all members agree to the proposed\nresolution in writing or by electronic communication.\nExample of electronic communication\nemail\n(5) The board must keep minutes of its meetings.\n","sortOrder":77},{"sectionNumber":"55","sectionType":"section","heading":"Establishment of common funds etc","content":"55 Establishment of common funds etc\n(1) The public trustee and guardian shall establish and maintain 1 or more\ncommon funds.\n(2) Subject to this Act and any order of the court, the public trustee and\nguardian shall pay into 1 or more of the common funds all money\nreceived by the public trustee and guardian on behalf of an estate,\ntrust or person, including moneys received by the public trustee and\nguardian as manager of property.\n\n(3) The public trustee and guardian shall not pay money into a common\nfund where—\n(a) investment in a common fund is expressly prohibited by the\nterms of a trust under which the money is received by the public\ntrustee and guardian; or\n(b) property of an estate or trust in connection with which the money\nis received is held by the public trustee and guardian jointly with\nanother person and that other person, by notice in writing given\nto the public trustee and guardian, objects to the application of\nthe money in that manner.\n(4) The public trustee and guardian shall, in respect of each estate, trust\nor person on whose behalf money is paid into a common fund, keep\nproper accounts showing the amount for the time being at the credit\nof that estate, trust or person in the common fund.\n","sortOrder":78},{"sectionNumber":"56","sectionType":"section","heading":"Investment of money held in common funds","content":"56 Investment of money held in common funds\n(1) Money in a common fund must be invested by the public trustee and\nguardian having regard to any advice given by the board.\nNote The Trustee Act 1925, subdivision 2.2.1 contains provisions about the\npowers and duties of trustees (including the public trustee and guardian)\nin relation to investments.\n(2) Investments made from money in a common fund shall not be made\nin the name or on account of, or belong to, any particular estate, trust\nor person.\n(3) The public trustee and guardian may sell or otherwise convert into\nmoney any investments acquired under this section.\n\n","sortOrder":79},{"sectionNumber":"57","sectionType":"section","heading":"Investment of money not held in common funds","content":"57 Investment of money not held in common funds\nWhere money received by the public trustee and guardian is not,\nunder section 55, required to be paid into a common fund—\n(a) the money shall belong to and be held in the name of the estate,\ntrust or person on whose behalf the money is received; and\n(b) the public trustee and guardian must invest the money in\naccordance with any directions applying to it; and\n(c) capital or income received in respect of an investment made\nunder paragraph (b) shall be credited to the estate, trust or person\non whose behalf the investment is made; and\n(d) any loss arising out of an investment made under paragraph (b)\nshall be debited to the estate, trust or person on whose behalf the\ninvestment is made.\n","sortOrder":80},{"sectionNumber":"58","sectionType":"section","heading":"Withdrawal of money from common funds","content":"58 Withdrawal of money from common funds\n(1) The public trustee and guardian may withdraw an amount from a\ncommon fund at the credit of an estate, trust or person and—\n(a) apply the amount for any purpose relating to the exercise or\nperformance, in connection with that estate, trust or person, of\nany of the powers or functions of the public trustee and guardian;\nor\n(b) invest the amount separately for the benefit of that estate, trust\nor person.\n(2) The public trustee and guardian shall withdraw from a common fund\nan amount paid into the fund in accordance with section 55 on behalf\nof an estate or trust in respect of which property is held by the public\ntrustee and guardian jointly with another person where that other\nperson, by notice in writing given to the public trustee and guardian,\nobjects to the retention of that amount in the fund.\n\n(3) An amount withdrawn from a common fund under this section shall,\nfrom the date of withdrawal, cease to have a claim for any benefit\nfrom the common fund.\n","sortOrder":81},{"sectionNumber":"59","sectionType":"section","heading":"Distribution of capital and income","content":"59 Distribution of capital and income\n(1) The public trustee and guardian must distribute any capital or income\npaid into the income account of a common fund to the estates, trusts\nor persons having an interest in the common fund.\n(2) Distributions must be made at times decided by the public trustee and\nguardian and having regard to any advice given by the board.\n","sortOrder":82},{"sectionNumber":"59A","sectionType":"section","heading":"Management fee","content":"59A Management fee\n(1) The public trustee and guardian shall establish and maintain an\naccount to be called the fees and commissions account.\n(2) The fees and commissions account shall not form part of a common\nfund.\n(3) The public trustee and guardian is entitled to charge a management\nfee for the administration of moneys held in a common fund.\n(4) The management fee must be the amount determined by, or worked\nout in accordance with the rate or scale determined by, the Minister\nfor this section.\n(5) A determination is a disallowable instrument.\n(6) A management fee shall be deducted on the last day of each month.\n(7) Management fees received under this section shall be paid into the\nfees and commissions account.\n","sortOrder":83},{"sectionNumber":"60","sectionType":"section","heading":"Income accounts","content":"60 Income accounts\n(1) The public trustee and guardian shall establish and maintain for each\ncommon fund an account called an income account.\n(2) The income account forms part of the common fund.\n\n(3) The public trustee and guardian shall pay any capital or income\nreceived in relation to the common fund into that income account.\n(4) If an amount to the credit of the income account is not for the time\nbeing required—\n(a) to be distributed under section 59; or\n(b) to be transferred to the common fund guarantee and reserve\naccount under section 61; or\n(c) to be applied in accordance with section 63 (Application of\nsurplus funds);\nthe amount, or the part of the amount decided by the public trustee\nand guardian, must be invested by the public trustee and guardian.\n(5) In acting under subsection (4), the public trustee and guardian must\nhave regard to any advice given by the board.\n(6) Capital or income received on investments made under subsection (4)\nis to be paid into the income account.\n","sortOrder":84},{"sectionNumber":"61","sectionType":"section","heading":"Common fund guarantee and reserve account","content":"61 Common fund guarantee and reserve account\n(1) The public trustee and guardian shall establish and maintain an\naccount to be called the common fund guarantee and reserve account.\n(2) The common fund guarantee and reserve account shall not form part\nof a common fund.\n(3) If, after distribution of capital and income under section 59, a balance\nremains in an income account, the public trustee and guardian must\ntransfer from the account to the common fund guarantee and reserve\naccount the amount decided by the public trustee and guardian having\nregard to any advice given by the board.\n\n(5) Subject to this section, the common fund guarantee and reserve\naccount may be applied by the public trustee and guardian for any of\nthe following purposes:\n(a) payment to a common fund of an amount equal to the amount of\nany loss sustained on the realisation of an investment made from\nthe common fund;\n(b) payment of costs and expenses incurred in protecting\ninvestments made from a common fund;\n(c) payment of any other expenses or charges incurred in\nconnection with—\n(i) the maintenance or administration of a common fund; or\n(ii) investments made from a common fund;\nnot being expenses or charges that are properly chargeable\nagainst a particular estate or trust;\n(d) payment of costs and expenses incurred in legal proceedings\ninvolving an estate or trust in respect of which moneys are held\nin a common fund, other than—\n(i) costs and expenses ordered by the court to be charged\nagainst a particular estate or trust; and\n(ii) in the case of costs and expenses properly chargeable\nagainst a particular estate or trust—so much of those costs\nand expenses as are able to be met by the estate or trust;\n\n(e) payment of the costs and expenses or part of the costs and\nexpenses incurred by the public trustee and guardian in\nobtaining legal advice or in, or in connection with, legal\nproceedings in which the public trustee and guardian is a party\nwhere, by reason of general interest in, and importance of, the\nsubject matter of the advice or proceedings, it is not appropriate\nfor any or all of those costs and expenses to be charged against\na particular estate or trust.\n(6) If there is an amount at credit in the common fund guarantee and\nreserve account that is not for the time being required to be applied\nfor any of the purposes mentioned in subsection (5), the amount must\nbe invested by the public trustee and guardian.\n(7) Capital or income received in respect of investments made under\nsubsection (6) shall be paid into the common fund guarantee and\nreserve account.\n(8) The public trustee and guardian is entitled to charge a management\nfee for the administration of moneys held in the common fund\nguarantee and reserve account.\n(9) The management fee must be the amount determined by, or worked\nout in accordance with the rate or scale determined by, the Minister\nfor this section.\n(10) A determination is a disallowable instrument.\n(11) A management fee shall be deducted on the last day of each month.\n","sortOrder":85},{"sectionNumber":"63","sectionType":"section","heading":"Application of surplus funds","content":"63 Application of surplus funds\n(1) This section applies if a balance remains in an income account after\neach amount required under this part to be paid from the account is\npaid.\n\n(2) The balance, or the part of the balance decided by the public trustee\nand guardian having regard to any advice given by the board, may be\napplied towards the costs and expenses necessarily incurred by the\npublic trustee and guardian in the exercise of the public trustee and\nguardian’s functions under this Act.\n","sortOrder":86},{"sectionNumber":"64","sectionType":"section","heading":"Advances from common funds","content":"64 Advances from common funds\n(1) The public trustee and guardian may, having regard to any advice\ngiven by the board, make advances from a common fund for any\npurpose relating to—\n(a) an estate or trust being administered by the public trustee and\n(b) property of which the public trustee and guardian is manager.\n(2) An advance under subsection (1) must bear interest at the rate, and be\nmade on any other conditions, that the public trustee and guardian\nfrom time to time decides having regard to any advice given by the\n(3) An advance under subsection (1), together with the interest payable\nunder subsection (2) in respect of the advance, shall be a charge on—\n(a) all of the property of the estate or trust in connection with which\nthe advance is made or all of the property being managed, as the\ncase requires; or\n(b) if the advance is made in respect of part only of that property—\nthe particular property in respect of which the advance is made.\n(4) A charge on property created under this section in connection with an\nadvance shall rank next in priority to any mortgage or other charge\nregistered against or secured on the property of which the public\ntrustee and guardian has notice at the time of making the advance.\n\n","sortOrder":87},{"sectionNumber":"65","sectionType":"section","heading":"Advances to beneficiaries","content":"65 Advances to beneficiaries\n(a) a person is beneficially entitled in an estate or trust being\nadministered by the public trustee and guardian; and\n(b) the person applies, in writing, to the public trustee and guardian\nfor an advance against the person’s beneficial interest;\nthe public trustee and guardian may make an advance or advances in\naccordance with this section to the person from a common fund\ncontaining money received by the public trustee and guardian on\nbehalf of the estate, trust or person.\n(2) The public trustee and guardian must not make an advance to a person\nunder subsection (1) if the advance exceeds, or the total of the\nadvances made to the person would exceed, 1/2 of the amount the\npublic trustee and guardian estimates to be the value of the person’s\nbeneficial interest in the estate or trust against which the advance is\nto be made.\n(3) An advance under subsection (1) must bear interest at the rate, and be\nmade on any other conditions, that the public trustee and guardian\nfrom time to time decides having regard to any advice given by the\n(4) An advance under subsection (1), together with the interest payable\nunder subsection (3) in respect of the advance, shall be a charge\nagainst the beneficial interest of the person to whom the advance is\nmade subject only to any prior charges on that interest of which the\npublic trustee and guardian has, before making the advance, received\nnotice in writing.\n\n(5) An advance under subsection (1), together with the interest payable\nunder subsection (3) in respect of the advance and any costs, charges\nor expenses incurred by the public trustee and guardian in connection\nwith the advance or the recovery of the advance shall, unless\nexpressly agreed to the contrary, be repayable on demand to the\npublic trustee and guardian by the person to whom the advance was\nmade.\n\n","sortOrder":88},{"sectionNumber":"65A","sectionType":"section","heading":"Use and disclosure of protected information","content":"65A Use and disclosure of protected information\n(1) An information holder commits an offence if—\n(a) the information holder uses information; and\n(b) the information is protected information about someone else;\nand\n(c) the information holder is reckless about whether the information\nis protected information about someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) An information holder commits an offence if—\n(a) the information holder does something that discloses\ninformation; and\n(b) the information is protected information about someone else;\nand\n(c) the information holder is reckless about whether—\n(i) the information is protected information about someone\nelse; and\n(ii) doing the thing would result in the information being\ndisclosed to someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(3) Subsections (1) and (2) do not apply if the information holder uses or\ndiscloses protected information about someone else (the protected\nperson)—\n(a) under this Act or another law applying in the ACT; or\n\n(b) in relation to the exercise of a function, as an information holder,\nunder this Act or another law applying in the ACT; or\n(c) in a court proceeding; or\n(d) with the protected person’s consent.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n(4) An information holder need not disclose protected information to a\ncourt, or produce a document containing protected information to a\ncourt, unless it is necessary to do so for this Act or another law\napplying in the ACT.\n(5) In this section:\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\ndisclose includes—\n(a) communicate; or\n(b) publish.\ninformation means information, whether true or not, in any form and\nincludes an opinion and advice.\ninformation holder means—\n(a) a person who is or has been—\n(i) the public trustee and guardian or guardian; or\n(ii) a deputy public trustee and guardian or guardian; or\n(b) anyone else who exercises or has exercised a function under this\nAct.\nproduce includes allow access to.\n\nprotected information means information about a person that is\ndisclosed to, or obtained by, an information holder because of the\nexercise of a function under this Act by the information holder or\nsomeone else.\nuse, in relation to information, includes make a record of the\ninformation.\n","sortOrder":89},{"sectionNumber":"66","sectionType":"section","heading":"Public trustee and guardian may require information or","content":"66 Public trustee and guardian may require information or\ndocuments\n(1) The public trustee and guardian may, by written notice given to any\nentity, require the entity to give the public trustee and guardian stated\ninformation or documents relevant to the exercise of the public trustee\nand guardian’s functions under this Act or another territory law.\n(2) The notice must state a reasonable period (not less than 14 days)\nwithin which the information or documents must be given.\n","sortOrder":90},{"sectionNumber":"67","sectionType":"section","heading":"Notices to be given to public trustee and guardian","content":"67 Notices to be given to public trustee and guardian\n(1) Where an application is made to the court by a person other than the\npublic trustee and guardian for an order—\n(a) directing that a sum of money be paid to the public trustee and\n(b) vesting property in the public trustee and guardian; or\n(c) appointing the public trustee and guardian as trustee, executor,\nadministrator, manager or guardian;\nthe court shall not make an order unless—\n(d) the public trustee and guardian consents to the order being made;\nor\n\n(e) the applicant has served on the public trustee and guardian a\nnotice informing the public trustee and guardian of the\napplication and a period of 14 days has elapsed after the service\nof the notice.\n(2) Where the court makes an order of a kind referred to in subsection (1),\nthe applicant shall, within 28 days after the order is made, serve on\n(a) a sealed copy of the order; and\n(b) a statement of any property affected by the order.\nMaximum penalty: 2 penalty units.\n(3) A statement relating to property referred to in subsection (2) shall—\n(a) specify the place at which the property is situated; and\n(b) specify the person by whom the property is held; and\n(c) contain details of any liabilities existing in respect of the\n(d) contain such other details (if any) as are prescribed.\n","sortOrder":91},{"sectionNumber":"68","sectionType":"section","heading":"Costs in legal proceedings","content":"68 Costs in legal proceedings\n(1) Where, in proceedings in which the public trustee and guardian is a\nparty or is in any way interested, the public trustee and guardian is\nrepresented by a legal practitioner who is a public servant, the public\ntrustee and guardian is entitled to the same costs and allowances as if\nthe public trustee and guardian had been represented by a legal\npractitioner who was not a public servant.\n(2) Where, in proceedings in which the public trustee and guardian is a\nparty or is in any way interested, the person for the time being holding\nthe office of public trustee and guardian, being a legal practitioner,\nappears in person, the public trustee and guardian is entitled to the\nsame costs and allowances as if the public trustee and guardian had\nbeen represented by another person who was a legal practitioner.\n\n","sortOrder":92},{"sectionNumber":"69","sectionType":"section","heading":"Costs arising out of certain applications","content":"69 Costs arising out of certain applications\nWhere the public trustee and guardian applies under the\nAdministration Act for the grant of probate of the will, or\nadministration of the estate, of a deceased person—\n(a) the public trustee and guardian is entitled to the costs of the\npublic trustee and guardian of and incidental to the application\nout of the estate of the deceased person; and\n(b) the public trustee and guardian is not liable for the costs of any\nother person.\n","sortOrder":93},{"sectionNumber":"70","sectionType":"section","heading":"Jurisdiction of court","content":"70 Jurisdiction of court\nJurisdiction to hear and determine applications under this Act is\nvested in the court.\n","sortOrder":94},{"sectionNumber":"71","sectionType":"section","heading":"Certain covenants void","content":"71 Certain covenants void\nA covenant, stipulation or condition contained in a mortgage—\n(a) whereby the money secured by the mortgage becomes due and\npayable; or\n(b) whereby a power of sale or entry into possession becomes\nexercisable; or\n(c) adversely affecting, or likely to affect adversely, the estate or\ninterest of the mortgagor;\nin the event of the public trustee and guardian becoming entitled, in\nany capacity, to administer the estate of the mortgagor or of the estate\nof the mortgagor coming under the control of the public trustee and\nguardian, is null and void.\n\n","sortOrder":95},{"sectionNumber":"72","sectionType":"section","heading":"Lien in respect of insurance premiums","content":"72 Lien in respect of insurance premiums\n(1) Where the public trustee and guardian pays a premium in respect of a\npolicy of insurance relating to—\n(a) property the subject of an estate or trust being administered by\nthe public trustee and guardian; or\n(b) property of which the public trustee and guardian is manager;\nthe public trustee and guardian shall have a lien on moneys paid out\nunder the policy for the amount of premium so paid.\n(2) The lien is a statutory interest to which the Personal Property\nSecurities Act 2009 (Cwlth), section 73 (2) applies.\n","sortOrder":96},{"sectionNumber":"73","sectionType":"section","heading":"Manner of giving notices","content":"73 Manner of giving notices\nA document that is required or permitted by this Act to be given to or\nserved on a person by the public trustee may be given or served by\nsending it by post to the person at the last-known place of residence\nof that person.\n","sortOrder":97},{"sectionNumber":"74","sectionType":"section","heading":"Evidence","content":"74 Evidence\n(1) Where the public trustee and guardian is acting in any of the\ncapacities in which the public trustee and guardian is, under this Act,\nauthorised to act, a certificate under the seal of the public trustee and\nguardian stating—\n(a) the capacity in which the public trustee and guardian is\nauthorised to act; and\n(b) the manner in which the public trustee and guardian became\nauthorised to act in that capacity; and\n(c) the time at which the public trustee and guardian became\nauthorised to act in that capacity; and\n\n(d) that the real or personal property described in the certificate is\nproperty in respect of which the public trustee and guardian\nmay, while acting in that capacity, exercise powers;\n(2) Where the public trustee and guardian is executor or administrator of,\nor is authorised by law to administer, the estate of a deceased person,\na certificate under the seal of the public trustee and guardian stating\nany of the following matters:\n(a) the name of the deceased;\n(b) the home address of the deceased at the time of death;\n(c) the occupation of the deceased immediately prior to death;\n(d) the nature or form of the authority under which the public trustee\nand guardian is administering the estate;\n(e) the date of granting of the authority referred to in paragraph (d);\n(f) the manner in which the public trustee and guardian became\nauthorised to administer the estate;\n(g) the time at which the public trustee and guardian became\nauthorised to administer the estate;\n(3) Where the public trustee and guardian is acting jointly with another\nperson in any capacity, a certificate under the seal of the public trustee\nand guardian stating, in connection with the authority of the public\ntrustee and guardian and that other person to act jointly in that\ncapacity—\n(a) the matters referred to in subsection (1); or\n(b) any of the matters referred to in subsection (2);\n\n","sortOrder":98},{"sectionNumber":"75","sectionType":"section","heading":"Determination of fees and charges","content":"75 Determination of fees and charges\n(1) The Minister may determine fees and charges for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":99},{"sectionNumber":"76","sectionType":"section","heading":"Regulation-making power","content":"76 Regulation-making power\nThe Executive may make regulations for this Act.\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• appoint\n• bankrupt or personally insolvent\n• establish\n• exercise\n• found guilty\n• function\n• home address\n• liability\n• month\n• power\n• public servant\n• tribunal\n• will.\nAdministration Act means the Administration and Probate Act 1929.\nboard means the Public Trustee and Guardian Investment Board\nestablished under section 46.\ncommon fund means a common fund established under section 55.\ncourt means the Supreme Court.\ndeputy public trustee and guardian means a deputy public trustee\nand guardian under section 6.\ndomestic partner, for part 5 (Unclaimed property)—see section 33A.\nmember means a member of the board.\nperson under disability means a person who has not attained full age\nor a person who is of unsound mind or incapable.\n\npublic trustee and guardian means—\n(a) the public servant who is the public trustee and guardian under\nsection 5; or\n(b) the public trustee and guardian in its corporate capacity under\nsection 8.\nsenior member means the senior member of the board.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nThe Public Trustee and Guardian Act 1985 was originally a Commonwealth\nordinance—the Public Trustee Ordinance 1985 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989 (self-\ngovernment day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s\n5 on 11 May 1989 (self-government day). The Act was later renamed by the\nProtection of Rights (Services) Legislation Amendment Act 2016 A2016-1 (see\ns 41).\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).\nAfter 11 May 1989 and before 10 November 1999, Acts commenced on their\nnotification day unless otherwise stated (see Australian Capital Territory (Self-\nGovernment) Act 1988 (Cwlth) s 25).\nLegislation before becoming Territory enactment\nPublic Trustee and Guardian Act 1985 A1985-8\nnotified 8 March 1985\ns 1, s 2 commenced 8 Mar 1985\nremainder commenced 28 October 1985 (Cwlth Gaz 1985 No G42)\nas amended by\nMagistrates Court Ordinance 1985 Ord1985-67\nnotified 19 December 1985\ncommenced 1 February 1986 (Cwlth Gaz 1986 No G3)\nAdministrative Arrangements (Consequential Amendments)\nOrdinance 1987 Ord1987-37 s 6\nnotified 24 July 1987\ns 6 commenced 24 July 1987\n\nSelf-Government (Consequential Amendments) Ordinance 1989\nOrd1989-38 sch 1\nnotified 10 May 1989 (Cwlth Gaz 1989 No S160)\ns 1, s 2 commenced 10 May 1989 (s 2 (1))\nsch 1 commenced 11 May 1989 (s 2 (2) and Cwlth Gaz 1989 No S164)\nRemuneration (Miscellaneous Amendments) Ordinance 1989\nOrd1989-50 sch\nnotified 10 May 1989\ncommenced 10 May 1989\nLegislation after becoming Territory enactment\nStatutory Authorities (Audit Arrangements) Act 1990 A1990-25 pt 13\nnotified 22 June 1990 (Gaz 1990 No S29)\ns 1, s 2 commenced 22 June 1990 (s 2 (1))\npt 13 commenced 22 June 1990 (s 2 (2) and Gaz 1990 No S35)\nPublic Trustee (Amendment) Act 1991 A1991-21\nnotified 10 May 1991 (Gaz 1991 No S36)\ncommenced 10 May 1991 (s 2)\nPublic Trustee (Amendment) Act (No 2) 1991 A1991-91\nnotified 24 December 1991 (Gaz 1991 No S155)\ncommenced 24 December 1991\nWorkers’ Compensation (Consequential Amendments) Act 1991\nA1991-106 sch\nnotified 15 January 1992 (Gaz 1991 No S3)\ns 1, s 2 commenced 15 January 1992 (s 2 (1))\nsch pt 1 commenced 22 January 1992 (s 2 (2) and see Gaz 1992\nNo S9)\nStatute Law Revision (Miscellaneous Provisions) Act 1992 A1992-23\nsch 1\nnotified 4 June 1992 (Gaz 1992 No S71)\nsch 1 commenced 4 June 1992\nActs Revision (Position of Crown) Act 1993 A1993-44 sch 2\nnotified 27 August 1993 (Gaz 1993 No S165)\ncommenced 27 August 1993 (s 2)\n\nStatute Law Revision (Penalties) Act 1994 A1994-81 sch\nnotified 29 November 1994 (Gaz 1994 No S253)\ns 1, s 2 commenced 29 November 1994 (s 2 (1))\nsch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)\nStatutory Offices (Miscellaneous Provisions) Act 1994 A1994-97 sch\npt 1\nnotified 15 December 1994 (Gaz 1994 No S280)\ns 1, s 2 commenced 15 December 1994 (s 2 (1))\nsch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994\nNo S293)\nFinancial Management and Audit (Consequential and Transitional\nProvisions) Act 1996 A1996-26 sch pt 29\nnotified 1 July 1996 (Gaz 1996 No S130)\ncommenced 1 July 1996 (s 2)\nPublic Trustee (Amendment) Act 1996 A1996-63\nnotified 3 December 1996 (Gaz 1996 No S321)\ncommenced 3 December 1996 (s 2)\nRemuneration Tribunal (Consequential Amendments) Act 1997\nA1997-41 sch 1 (as am by A2002-49 amdt 3.222)\nnotified 19 September 1997 (Gaz 1997 No S264)\ncommenced 24 September 1997 (s 2 as am by A2002-49 amdt 3.222)\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nsch 1\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch 1 commenced 1 June 1998 (s 2 (2))\nTrustee (Amendment) Act 1999 A1999-28 sch\nnotified 21 May 1999 (Gaz 1999 No S24)\ncommenced 21 May 1999 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 317\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 317 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\n\nStatute Law Amendment Act 2001 (No 2) 2001 No 56 pt 3.44\nnotified 5 September 2001 (Gaz 2001 No S65)\ncommenced 5 September 2001 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2002\nA2002-27 pt 11\nnotified LR 9 September 2002\ns 1, s 2 commenced 9 September 2002 (LA s 75)\npt 11 commenced 7 October 2002 (s 2 (2))\nStatute Law Amendment Act 2002 (No 2) A2002-49 amdt 3.222\nnotified LR 20 December 2002\ns 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))\namdt 3.222 taken to have commenced 24 September 1997 (s 2 (3))\nNote This Act only amends the Remuneration Tribunal\n(Consequential Amendments) Act 1997 A1997-41 .\nJustice and Community Safety Legislation Amendment Act 2003\nA2003-2 pt 16\nnotified LR 3 March 2003\ns 1, s 2 commenced 3 March 2003 (LA s 75 (1))\npt 16 commenced 31 March 2003 (s 2 (2))\nSexuality Discrimination Legislation Amendment Act 2004 A2004-2\nsch 1 pt 1.13\nnotified LR 18 February 2004\ns 1, s 2 commenced 18 February 2004 (LA s 75 (1))\nsch 1 pt 1.13 commenced 22 March 2004 (s 2 and CN2004-4)\nFinancial Management Legislation Amendment Act 2005 A2005-52\nsch 1 pt 1.18\nnotified LR 26 October 2005\ns 1, s 2 commenced 26 October 2005 (LA s 75 (1))\nsch 1 pt 1.18 commenced 1 January 2006 (s 2 (2))\nJustice and Community Safety Legislation Amendment Act 2005\n(No 4) A2005-60 sch 1 pt 1.21\nnotified LR 1 December 2005\ns 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))\nsch 1 pt 1.21 commenced 22 December 2005 (s 2 (4))\n\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.82\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.82 commenced 12 April 2007 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2008\nA2008-7 sch 1 pt 1.18\nnotified LR 16 April 2008\ns 1, s 2 commenced 16 April 2008 (LA s 75 (1))\nsch 1 pt 1.18 commenced 7 May 2008 (s 2)\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.45\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.45 commenced 26 August 2008 (s 2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.59\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.59 commenced 17 December 2009 (s 2)\nPersonal Property Securities Act 2010 A2010-15 sch 2 pt 2.4\nnotified LR 1 April 2010\ns 1, s 2 commenced 1 April 2010 (LA s 75 (1))\nsch 2 pt 2.4 commenced 30 January 2012 (s 2 (2) (b))\nJustice and Community Safety Legislation Amendment Act 2010\n(No 2) A2010-30 sch 1 pt 1.20\nnotified LR 31 August 2010\ns 1, s 2 commenced 31 August 2010 (LA s 75 (1))\ns 3 commenced 1 September 2010 (s 2 (1))\nsch 1 pt 1.20 commenced 28 September 2010 (s 2 (2))\nJustice and Community Safety Legislation Amendment Act 2010\n(No 4) A2010-50 sch 1 pt 1.8\nnotified LR 14 December 2010\ns 1, s 2 commenced 14 December 2010 (LA s 75 (1))\nsch 1 pt 1.8 commenced 21 December 2010 (s 2 (1))\n\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.32\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.32 commenced 1 March 2012 (s 2 (1) and see Evidence\nAct 2011 A2011-12, s 2 and CN2012-4)\nJustice and Community Safety Legislation Amendment Act 2012\nA2012-30 sch 1 pt 1.4\nnotified LR 13 June 2012\ns 1, s 2 commenced 13 June 2012 (LA s 75 (1))\nsch 1 pt 1.4 commenced 14 June 2012 (s 2)\nJustice and Community Safety Legislation Amendment Act 2014\nA2014-17 sch 1 pt 1.9\nnotified LR 13 May 2014\ns 1, s 2 taken to have commenced 25 November 2013 (LA s 75 (2))\nsch 1 pt 1.9 commenced 14 May 2014 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2014\n(No 2) A2014-49 pt 7\nnotified LR 10 November 2014\ns 1, s 2 commenced 10 November 2014 (LA s 75 (1))\npt 7 commenced 17 November 2014 (s 2)\nJustice and Community Safety Legislation Amendment Act 2015\nA2015-11 sch 1 pt 1.8\nnotified LR 20 May 2015\ns 1, s 2 commenced 20 May 2015 (LA s 75 (1))\nsch 1 pt 1.8 commenced 21 May 2015 (s 2 (1))\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.56\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.56 commenced 14 October 2015 (s 2)\nProtection of Rights (Services) Legislation Amendment Act 2016\nA2016-1 pt 3\nnotified LR 23 February 2016\ns 1, s 2 commenced 23 February 2016 (LA s 75 (1))\npt 3 commenced 1 April 2016 (s 2)\n\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.34\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.34 commenced 1 April 2016 (s 2 and see Protection of\nRights (Services) Legislation Amendment Act 2016 A2016-1 s 2)\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.36\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.36 commenced 27 April 2016 (s 2)\nStatute Law Amendment Act 2017 A2017-4 sch 3 pt 3.23\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 3 pt 3.23 commenced 9 March 2017 (s 2)\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 sch 1 pt 1.25\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\namdt 1.120, amdt 1.121 commenced 11 August 2020 (s 2 (4) and\nCN2020-14)\nsch 1 pt 1.25 remainder commenced 14 May 2020 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2021\nA2021-3 pt 16\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\npt 16 commenced 26 February 2021 (s 2 (1))\nCourts and Other Justice Legislation Amendment Act 2021 A2021-13\npt 9\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\npt 9 commenced 9 December 2021 (s 2 (2) and LA s 79)\n\nOperational Efficiencies (COVID-19) Legislation Amendment Act 2021\nA2021-24 pt 10\nnotified LR 13 October 2021\ns 1, s 2 taken to have commenced 8 October 2021 (LA s 75 (2))\npt 10 commenced 14 October 2021 (s 2 (1))\nJustice and Community Safety Legislation Amendment\nAct 2021 (No 2) A2021-33 pt 16\nnotified LR 10 December 2021\ns 1, s 2 commenced 10 December 2021 (LA s 75 (1))\npt 16 commenced 11 December 2021 (s 2 (6) (b))\nLegislation (Legislative Assembly Committees) Amendment Act 2022\nA2022-4 sch 1 pt 1.19\nnotified LR 30 March 2022\ns 1, s 2 commenced 30 March 2022 (LA s 75 (1))\nsch 1 pt 1.19 commenced 6 April 2022 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.143\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.143 commenced 26 December 2025 (s 2 (7))\n\nLong title\nlong title sub A2016-1 s 40\nName of Act\ns 1 sub A2005-52 amdt 1.247; A2016-1 s 41\ns 2 om A2001-44 amdt 1.3501\nins A2005-52 amdt 1.250\nNotes\ns 3 om A1993-44 sch 2\nins A2005-52 amdt 1.250\nOffences against Act—application of Criminal Code etc\ns 3A ins A2017-4 amdt 3.144\nAdministration Act definitions\ns 4 defs reloc to dict A2005-52 amdt 1.249\nsub A2005-52 amdt 1.250\ndef barrister and solicitor om A1997-96 sch 1\ndef public servant om Ord1989-38 sch 1\nThe public trustee and guardian\npt 2 hdg sub A2016-13 amdt 1.117\nAdministration\ndiv 2.1 hdg (prev pt 2 div 1 hdg) renum R6 LA\nPublic trustee and guardian\ns 5 am Ord1987-37\nsub A1994-97 sch pt 1; A2005-52 amdt 1.251\nam A2008-7 amdt 1.70\nsub A2016-1 s 42\nDeputy public trustee and guardian\ns 6 am Ord1987-37\nsub A1994-97 sch pt 1; A2005-52 amdt 1.251; A2008-7\namdt 1.71; A2016-1 s 42\nam A2017-4 amdt 3.145\nActing appointments\ns 7 am Ord1987-37; A1992-23 sch 1\nom A1994-97 sch pt 1\nPublic trustee and guardian a corporation sole\ns 8 hdg am A2016-1 s 61\ns 8 am A2005-52 amdt 1.252; A2016-1 s 43, s 61\n\nAgent of public trustee and guardian\ns 9 hdg am A2016-1 s 61\ns 9 am A2016-1 s 61; A2017-4 amdt 3.145\nDelegation by public trustee and guardian\ns 9A ins A2016-1 s 44\nam A2020-14 amdt 1.119\nsub A2021-24 s 23\nProtection and liability of public trustee and guardian\ndiv 2.2 hdg (prev pt 2 div 2 hdg) renum R6 LA\nsub A2016-13 amdt 1.118\nProtection of public trustee and guardian etc from liability\ns 10 hdg am A2016-1 s 61\ns 10 sub A2005-52 amdt 1.253\nProtection of public trustee and guardian where mistake as to death etc\ns 11 hdg am A2016-1 s 61\ns 11 am A2016-1 s 61; A2017-4 amdt 3.146\nLiability of public trustee and guardian\ns 12 hdg am A2016-1 s 61\ns 12 am Ord1989-38 sch 1; A2016-1 s 61; A2017-4 amdt 3.147,\namdt 3.148\nAppointment of public trustee and guardian\npt 3 hdg am A2016-1 s 61\nCapacities in which public trustee and guardian may act\ns 13 hdg am A2016-1 s 61\ns 13 am A2016-1 s 45, s 61; A2021-13 s 40\nAppointment as person responsible for disposal of unclaimed deceased\nperson\ns 13A ins A2021-13 s 41\nam A2021-33 s 26\nGeneral\ndiv 3.1 hdg (prev pt 3 div 1 hdg) renum R6 LA\nPublic trustee and guardian may act jointly with another person\ns 14 hdg am A2016-1 s 61\ns 14 am A2016-1 s 61; A2017-4 amdt 3.149, amdt 3.150\nAppointment of public trustee and guardian on order of court\ns 15 hdg am A2016-1 s 61\ns 15 am A2016-1 s 61\nEffect of appointment or election\ns 16 am A2016-1 s 61; A2017-4 amdt 3.151\n\nAppointment of public trustee as trustee\ndiv 3.2 hdg (prev pt 3 div 2 hdg) renum R6 LA\nAppointment\ns 17 am A2016-1 s 61; A2017-4 amdt 3.151, amdt 3.152\nAppointment of public trustee and guardian as sole trustee\ns 18 hdg am A2016-1 s 61\ns 18 am A2016-1 s 61; A2017-4 amdt 3.153\nVesting of property\ns 19 am A2016-1 s 61\nAppointment of public trustee and guardian as guardian or manager\ndiv 3.3 hdg ins A2016-1 s 46\nApplication—div 3.3\ns 19A ins A2016-1 s 46\nOther functions of public trustee and guardian as guardian or manager\ns 19B ins A2016-1 s 46\nam A2016-13 amdts 1.119-1.124\nGuardian or manager of last resort\ns 19C ins A2016-1 s 46\nEngagement of lawyer\ns 19D ins A2016-1 s 46\nPowers and duties of public trustee and guardian\npt 4 hdg am A2016-1 s 61\nPowers of public trustee and guardian under Act additional to powers under\nother laws\ns 20 hdg am A2016-1 s 61\ns 20 am A2016-1 s 61\nExpress powers of public trustee and guardian\ns 21 hdg am A2016-1 s 61\ns 21 am A2016-1 ss 47-49, s 61\nWills\ns 22 am A2001-44 amdt 1.3502; A2016-1 s 61; A2021-3 s 36\nSafe custody of documents and chattels\ns 23 am A2016-1 s 61; A2016-13 amdt 1.125\nPublic trustee and guardian register\ns 23A hdg am A2016-1 s 61\ns 23A ins A2010-50 amdt 1.16\nam A2011-48 amdt 1.49; A2016-1 s 61\n\nLegal representation\ns 24 hdg sub A2016-13 amdt 1.126\ns 24 am A1997-96 sch 1; A2016-1 s 61; A2016-13 amdts 1.127-\n1.129; A2017-4 amdt 3.154, amdt 3.155\nPublic trustee and guardian to report to ACAT\ns 24A ins A2016-13 amdt 1.130\nPayment of money etc to public trustee and guardian on behalf of person\nunder disability\ns 25 hdg am A2016-1 s 61\ns 25 am Ord1985-67; A1991-106 sch; A2003-2 s 74, s 75;\nA2008-28 amdt 3.141; A2012-30 amdt 1.21; A2016-1 s 61\nAmounts etc paid by trustee for person under disability\ns 25A ins A2003-2 s 76\nam A2012-30 amdt 1.22, amdt 1.23; A2014-17 amdt 1.105;\nA2015-11 amdt 1.30; A2016-1 s 61\nPower of public trustee and guardian to sue self when acting in different\ncapacities\ns 26 hdg am A2016-1 s 61\ns 26 am A2016-1 s 61\nPower of public trustee and guardian to contract with self in certain\ncircumstances\ns 27 hdg am A2016-1 s 61\ns 27 am A2016-1 s 61\nFees and expenses of public trustee and guardian\ns 28 hdg am A2016-1 s 61\ns 28 am A2001-44 amdt 1.3503; A2016-1 s 61\nPayments to persons outside Australia\ns 29 am A2016-1 s 61; A2017-4 amdt 3.156\nPayment of money without grant of administration\ns 29A ins A2005-60 amdt 1.120\nsub A2008-7 amdt 1.72\nam A2016-1 s 61; A2016-18 amdt 3.169, amdt 3.170\nDealings with other public trustees\ns 30 am A2016-1 ss 50-54, s 61\nUnclaimed moneys\ns 31 am Ord1989-38 sch 1; A2016-1 s 61\nAllowance of claims\ns 32 am A2016-1 s 61; A2016-18 amdt 3.171, amdt 3.172\n\nDispute involving claims\ns 33 am A2014-17 amdt 1.106; A2015-33 amdt 1.198, amdt 1.199;\nA2016-1 s 61\nMeaning of domestic partner for pt 5\ns 33A ins A2004-2 amdt 1.39\nApplication for appointment as manager of property\ns 34 am A2016-1 s 61\nElection to become manager of property\ns 35 am A2016-1 s 61\nPublic notice of appointment or election\ns 36 sub A2015-33 amdt 1.200\nProperty does not vest in public trustee and guardian as manager\ns 37 hdg am A2016-1 s 61\ns 37 am A2016-1 s 61\nPowers of public trustee and guardian as manager\ns 38 hdg am A2016-1 s 61\ns 38 am A2004-2 amdt 1.40; A2016-1 s 61\nApplication for directions and sale of property in special circumstances\ns 39 am A2004-2 amdts 1.41-1.43; A2016-1 s 61\nManagement of certain moneys by public trustee and guardian\ns 40 hdg am A2016-1 s 61\ns 40 am A2016-1 s 61\nProperty to be held for owner\ns 41 am A2016-1 s 61\nCharge over property\ns 42 am A2016-1 s 61\nDisposal of property\ns 43 am Ord1989-38 sch 1; A2015-33 amdt 1.201; A2016-1 s 61\nCessation of management\ns 44 am Ord1989-38 sch 1; A2016-1 s 61\nClaims made after cessation of management\ns 45 am Ord1989-38 sch 1; A2016-1 s 61\nInvestment board\ndiv 6.1 hdg (prev pt 6 div 1 hdg) renum R6 LA\nEstablishment of board\ns 46 am A2016-1 s 55\nsub A2017-4 amdt 3.157\n\nFunction of board\ns 47 am A1999-28 sch\nsub A2002-27 s 38\nMembership of board\ns 48 am Ord1987-37; A1994-97 sch pt 1\nsub A2002-27 s 39\nam A2016-1 s 61; A2022-4 amdt 1.71\nSenior member of board\ns 49 am A2016-1 s 61\nActing members\ns 50 am Ord1987-37; A1992-23 sch 1\nom A2005-52 amdt 1.254\nRemuneration and allowances\ns 51 sub Ord1989-50 sch\nom A1997-41 sch 1\nResignation\ns 52 am Ord1987-37\nom A2005-52 amdt 1.254\nEnding board member appointments\ns 53 am Ord1987-37\nsub A2005-52 amdt 1.255\nam A2010-30 amdt 1.59; A2016-1 s 61\nHonesty, care and diligence of board members\ns 53A ins A2005-52 amdt 1.255\nConflict of interest\ns 53B ins A2005-52 amdt 1.255\nAgenda to require disclosure of interest item\ns 53C ins A2005-52 amdt 1.255\nDisclosure of interests by board members\ns 53D ins A2005-52 amdt 1.255\nReporting of disclosed interests to Minister\ns 53E ins A2005-52 amdt 1.255\nam A2022-4 amdt 1.72, amdt 1.73\nProtection of board members from liability\ns 53F ins A2005-52 amdt 1.255\nIndemnification and exemption of board members\ns 53G ins A2005-52 amdt 1.255\n\nBoard meetings\ndiv 6.2 hdg orig div 6.2 hdg renum as div 6.3 hdg\nins A2005-52 amdt 1.256\nTime and place of board meetings\ns 54 am Ord1987-37; A2002-27 s 40\nsub A2005-52 amdt 1.256\nPresiding member at meetings\ns 54A ins A2005-52 amdt 1.256\nQuorum at meetings\ns 54B ins A2005-52 amdt 1.256\nVoting at meetings\ns 54C ins A2005-52 amdt 1.256\nConduct of meetings etc\ns 54D ins A2005-52 amdt 1.256\nam A2008-28 amdt 3.142\nCommon funds\ndiv 6.3 hdg (prev pt 6 div 2 hdg and then div 6.2 hdg) am A1999-28 sch\nrenum R6 LA\nrenum as div 6.3 hdg A2005-52 amdt 1.257\nEstablishment of common funds etc\ns 55 am A1999-28 sch; A2016-1 s 61\nInvestment of money held in common funds\ns 56 am A1999-28 sch; A2002-27 s 41; A2016-1 s 61\nInvestment of money not held in common funds\ns 57 am A1999-28 sch; A2002-27 s 42; A2016-1 s 61\nWithdrawal of money from common funds\ns 58 am A1999-28 sch; A2002-27 s 43; A2016-1 s 61\nDistribution of capital and income\ns 59 sub A1999-28 sch; A2002-27 s 44; A2016-1 s 61\nManagement fee\ns 59A ins A1991-21 s 3\nam A1996-63 s 4; A1999-28 sch; A2001-44 amdt 1.3504,\namdt 1.3505; A2016-1 s 61; A2025-29 amdt 4.144\nIncome accounts\ns 60 am A1996-63 s 5\nsub A1999-28 sch\nam A2002-27 s 45, s 46\nss renum LA R7 (see also A2002-27 s 47)\n\nCommon fund guarantee and reserve account\ns 61 am A1996-63 s 6; A1999-28 sch; A2001-44 amdt 1.3506;\nA2002-27 ss 48-50; A2016-1 s 61; A2025-29 amdt 4.144\nDirections of board about investments\ns 62 sub A2001-56 amdt 3.473\nom A2002-27 s 51\nApplication of surplus funds\ns 63 am A1996-63 s 7; A1999-28 sch\nsub A2002-27 s 52\nam A2016-1 s 61; A2016-13 amdt 1.131\nAdvances from common funds\ns 64 am A1999-28 sch; A2002-27 s 53, s 54; A2016-1 s 61\nAdvances to beneficiaries\ns 65 am A1999-28 sch; A2002-27 s 55, s 56; A2016-1 s 61\nAudit\npt 6 div 3 hdg ins A1990-25 s 16\nUse and disclosure of protected information\ns 65A ins A1990-25 s 16\nam A1991-91 s 3\nins A2016-1 s 56\nFinancial reporting and audit\ns 65B ins A1990-25 s 16\nPublic trustee and guardian may require information or documents\ns 66 hdg am A2016-1 s 61\ns 66 am A2007-3 amdt 3.436\nom A2008-7 amdt 1.73\nins A2014-49 s 19\nam A2016-1 s 61; A2016-13 amdt 1.131; A2020-14\namdt 1.120, amdt 1.121; A2021-3 s 37, s 38\nNotices to be given to public trustee and guardian\ns 67 hdg am A2016-1 s 61\ns 67 am A1994-81 sch; A2016-1 s 61\nCosts in legal proceedings\ns 68 am A1997-96 sch 1; A2016-1 s 61\nCosts arising out of certain applications\ns 69 am A2016-1 s 61\n\nCertain covenants void\ns 71 am A2016-1 s 61\nLien in respect of insurance premiums\ns 72 am A2010-15 amdt 2.4; A2016-1 s 61\nEvidence\ns 74 am A2009-49 amdt 3.145; A2016-1 s 61; A2017-4 amdt 3.158,\namdt 3.159\nDetermination of fees and charges\ns 75 am Ord1987-37\nsub A2001-44 amdt 1.3507\nam A2017-4 amdt 3.160; A2025-29 amdt 4.144\nRegulation-making power\ns 76 am Ord1987-37; Ord1989-38 sch 1\nsub A2001-44 amdt 1.3508\nam A2025-29 amdt 4.144\ndict ins A2005-52 amdt 1.258\nam A2009-49 amdt 3.146; A2010-30 amdt 1.60; A2012-30\namdt 1.24; A2017-4 amdt 3.161\ndef Administration Act reloc from s 4 A2005-52 amdt 1.249\ndef board reloc from s 4 A2005-52 amdt 1.249\nsub A2016-1 s 57; A2017-4 amdt 3.162\ndef common fund am A1999-28 sch\ndef court reloc from s 4 A2005-52 amdt 1.249\ndef deputy public trustee sub A1994-97 sch pt 1\nam A2008-7 amdt 1.74\nom A2016-1 s 58\ndef deputy public trustee and guardian ins A2016-1 s 59\ndef domestic partner ins A2004-2 amdt 1.38\ndef member reloc from s 4 A2005-52 amdt 1.249\ndef person under disability reloc from s 4 A2005-52\namdt 1.249\ndef public trustee sub A1994-97 sch pt 1; A2005-52\namdt 1.248\nsub A2016-1 s 60\nom A2016-13 amdt 1.132\ndef public trustee and guardian ins A2016-13 amdt 1.133\ndef senior member reloc from s 4 A2005-52 amdt 1.249\n\n5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1991-91 31 May 1991\n2 A1992-23 31 August 1992\n3 A1994-97 28 February 1995\n4 A1996-63 31 December 1996\n5 A1999-28 31 July 1999\n6 A2001-56 31 January 2002\n7 A2002-27 7 October 2002\n7 (RI) A2002-27 ‡ 13 February 2003\n8 A2003-2 31 March 2003\n9 A2004-2 22 March 2004\n10 A2005-60 22 December 2005\n11 A2005-60 1 January 2006\n12 A2007-3 12 April 2007\n13* A2008-7 7 May 2008\n14 A2008-28 26 August 2008\n15 A2009-49 17 December 2009\n16 A2010-30 28 September 2010\n17 A2010-50 21 December 2010\n18 A2010-50 30 January 2012\n19 A2011-48 1 March 2012\n\nEarlier republications 5\nRepublication No Amendments to Republication date\n20 A2012-30 14 June 2012\n21 A2014-17 14 May 2014\n22 A2014-49 17 November 2014\n23 A2015-11 21 May 2015\n24 A2015-33 14 October 2015\n25 A2016-13 1 April 2016\n26 A2016-18 27 April 2016\n27 A2017-4 9 March 2017\n28 A2020-14 14 May 2020\n29 A2020-14 11 August 2020\n30 A2021-3 26 February 2021\n31 A2021-24 14 October 2021\n32 A2021-24 9 December 2021\n33 A2021-33 11 December 2021\n34 A2022-4 6 April 2022\n‡ includes retrospective amendments by A2002-49","sortOrder":100}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Since its original form the Act's scope has expanded beyond basic estate administration to include express guardian/manager functions (s 19B), a formal Investment Board and common-fund regime (ss 46–49, 55–61), statutory management fees (s 59A), offences for misuse of protected information (s 65A), delegation rules (s 9A) and detailed unclaimed-property powers (pt 5: ss 34–45). These amendments broaden operational responsibilities, regulatory oversight and criminal/compliance dimensions."},"complexity_factors":["Multiple capacities and overlapping roles (trustee, executor, guardian, manager, person responsible for disposal) creating cross-cutting duties and powers (ss 13, 13A, 19B).","Extensive property-management and unclaimed-property regime with court interaction, notice and sale rules and statutory charges (pt 5: ss 34–45, ss 42–45).","Common funds and investment structure requiring board advice, income accounts, reserves, advances and management fees (div 6.3: ss 55–65, ss 59A–61).","Governance and conflict rules for the Investment Board with disclosure, reporting and removal powers (div 6.1: ss 46–49, ss 53A–53E).","Liability and indemnity framework shifting some civil exposure to the Territory, plus limits on indemnification for board members (ss 10–12, ss 53F–53G).","Delegation and appointment mechanics that permit staff delegation but impose qualification and compliance conditions (s 9A), increasing administrative discretion and compliance burden.","Criminal and confidentiality rules for 'protected information' with significant penalties and evidential burdens (s 65A), affecting record handling and disclosure practices."],"plain_english_summary":"**What the law does:** Establishes the Public Trustee and Guardian for the ACT as a corporation sole and sets out its powers to act as trustee, executor, guardian, manager of property (including unclaimed property), run common funds and an Investment Board, charge fees and manage investments.  \n\n**Who it affects and why it matters:** It applies to deceased estates, people under disability, beneficiaries, creditors and owners of abandoned property. The Territory ultimately meets certain liabilities (ss 10, 12); the Trustee and the Investment Board make investment and fee decisions (ss 46, 59A); misuse of protected information is a criminal offence (s 65A)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":1974},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1985 purpose of managing deceased estates and trusts. It now encompasses living guardianship and financial management for people with disabilities (interfacing with the Guardianship Act), protection of vulnerable adults from abuse, management of unclaimed deceased persons (added in 2021), and sophisticated investment services through common funds. The original 'Public Trustee' role has evolved into a combined 'Public Trustee and Guardian' with statutory advocacy and protective functions."},"complexity_factors":["47 sections across 7 Parts with multiple Divisions, plus a Dictionary defining 15+ specialized terms (e.g., 'person under disability', 'domestic partner' with Part-specific meanings)","Extensive cross-referencing to at least 8 other ACT statutes (Administration Act, Guardianship and Management of Property Act, Mental Health Act, Criminal Code, etc.)","Nested conditional logic in Part 5 (Unclaimed Property) with multiple value thresholds ($5,000, $10,000) and time limits (6 years, 7 years, 2-month and 3-month notice periods)","Dual-capacity provisions allowing the Public Trustee and Guardian to sue itself or contract with itself when acting in different roles (Sections 26-27)","Layered exceptions to liability: Section 10 provides immunity only for honest acts without recklessness, while Section 65A criminalizes disclosure of protected information subject to statutory and consent exceptions","Complex financial governance: Investment Board meeting rules (quorum, voting, remote attendance), common fund accounting (income accounts, reserve accounts, management fees), and statutory charge priorities over property"],"plain_english_summary":"The Act establishes a Public Trustee and Guardian — a government officer who steps in as executor, administrator, trustee, guardian or financial manager when no suitable private person is available. It handles estates, unclaimed property and unclaimed deceased, pools funds for investment under an Investment Board, and may charge fees (with hardship relief). The office is a corporation sole, staff have statutory liability protection, and strict privacy rules govern use of personal information."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/public-trustee-and-guardian-act-1985","history":"/api/acts/public-trustee-and-guardian-act-1985/history","analysis":"/api/acts/public-trustee-and-guardian-act-1985/analysis","conflicts":"/api/acts/public-trustee-and-guardian-act-1985/conflicts","importantCases":"/api/acts/public-trustee-and-guardian-act-1985/important-cases","documents":"/api/acts/public-trustee-and-guardian-act-1985/documents"}}