{"id":"qld:sl-2023-0115","name":"Public Trustee Regulation 2023","slug":"public-trustee-regulation-2023","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"115 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173766,"registerId":"qld-sl-2023-0115-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Public Trustee Regulation 2023 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2023.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Matters relating to interest and investments","content":"# Matters relating to interest and investments","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Interest rate for amounts in common fund— Act , s 19","content":"### sec.4 Interest rate for amounts in common fund— Act , s 19\n\nFor section 19 (1) (c) of the Act , the annual rate of interest for an amount other than a term deposit amount is stated in schedule 1 .\nThe annual rate of interest for a term deposit amount other than a class 2 amount is the 6 month term deposit rate.\nFor a term deposit amount that is a class 2 amount, the annual rate of interest is—\nif a rate is allowed by order of a court—the rate allowed or the 6 month term deposit rate, whichever is the higher rate; or\nif paragraph (a) does not apply and a rate equal to or more than the 6 month term deposit rate is agreed on by the public trustee and the person paying the amount to the public trustee—the rate agreed; or\nif paragraphs (a) and (b) do not apply—the 6 month term deposit rate.\nInterest is calculated on the daily balance of the amount held in the common fund for an estate under administration.\nIn this section—\n6 month term deposit rate —\nfor a period from 1 April to 30 September in a year—means the reserve bank rate for the month of February immediately preceding the period; or\nfor a period from 1 October in a year to 31 March in the following year—means the reserve bank rate for the month of August immediately preceding the period.\nreserve bank rate means the retail deposit and investment rate of interest for 6 month bank term deposits published by the Reserve Bank of Australia on its website.\nterm deposit amount means the part of the amount held in the common fund for an estate under administration that the public trustee considers is not required at call or to meet short term or unforeseen liabilities of the estate.\ns 4 amd 2024 SL No. 10 s 3 ; 2024 SL No. 24 s 4 ; 2024 SL No. 182 s 4\n(sec.4-ssec.1) For section 19 (1) (c) of the Act , the annual rate of interest for an amount other than a term deposit amount is stated in schedule 1 .\n(sec.4-ssec.2) The annual rate of interest for a term deposit amount other than a class 2 amount is the 6 month term deposit rate.\n(sec.4-ssec.3) For a term deposit amount that is a class 2 amount, the annual rate of interest is— if a rate is allowed by order of a court—the rate allowed or the 6 month term deposit rate, whichever is the higher rate; or if paragraph (a) does not apply and a rate equal to or more than the 6 month term deposit rate is agreed on by the public trustee and the person paying the amount to the public trustee—the rate agreed; or if paragraphs (a) and (b) do not apply—the 6 month term deposit rate.\n(sec.4-ssec.4) Interest is calculated on the daily balance of the amount held in the common fund for an estate under administration.\n(sec.4-ssec.5) In this section— 6 month term deposit rate — for a period from 1 April to 30 September in a year—means the reserve bank rate for the month of February immediately preceding the period; or for a period from 1 October in a year to 31 March in the following year—means the reserve bank rate for the month of August immediately preceding the period. reserve bank rate means the retail deposit and investment rate of interest for 6 month bank term deposits published by the Reserve Bank of Australia on its website. term deposit amount means the part of the amount held in the common fund for an estate under administration that the public trustee considers is not required at call or to meet short term or unforeseen liabilities of the estate.\n- (a) if a rate is allowed by order of a court—the rate allowed or the 6 month term deposit rate, whichever is the higher rate; or\n- (b) if paragraph (a) does not apply and a rate equal to or more than the 6 month term deposit rate is agreed on by the public trustee and the person paying the amount to the public trustee—the rate agreed; or\n- (c) if paragraphs (a) and (b) do not apply—the 6 month term deposit rate.\n- (a) for a period from 1 April to 30 September in a year—means the reserve bank rate for the month of February immediately preceding the period; or\n- (b) for a period from 1 October in a year to 31 March in the following year—means the reserve bank rate for the month of August immediately preceding the period.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Investing amounts credited to unclaimed moneys fund— Act , s 25","content":"### sec.5 Investing amounts credited to unclaimed moneys fund— Act , s 25\n\nFor section 25 (3) (b) of the Act , an investment a trustee may invest trust funds in under the Trusts Act 1973 is prescribed.","sortOrder":6},{"sectionNumber":"pt.3","sectionType":"part","heading":"Remuneration of advisory trustees","content":"# Remuneration of advisory trustees","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Remuneration of advisory trustees— Act , s 41","content":"### sec.6 Remuneration of advisory trustees— Act , s 41\n\nFor section 41 (8) of the Act , the remuneration of an advisory trustee is the remuneration agreed by the public trustee and the advisory trustee.\nSubsection (1) applies subject to the trust instrument for the estate under administration.\nSee section 41 (8) of the Act in relation to the court’s power to make an order about the remuneration of an advisory trustee.\n(sec.6-ssec.1) For section 41 (8) of the Act , the remuneration of an advisory trustee is the remuneration agreed by the public trustee and the advisory trustee.\n(sec.6-ssec.2) Subsection (1) applies subject to the trust instrument for the estate under administration. See section 41 (8) of the Act in relation to the court’s power to make an order about the remuneration of an advisory trustee.","sortOrder":8},{"sectionNumber":"pt.4","sectionType":"part","heading":"Unclaimed superannuation benefits","content":"# Unclaimed superannuation benefits","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Application of Act, pt 8 to unclaimed superannuation benefits— Act , s 97B","content":"### sec.7 Application of Act, pt 8 to unclaimed superannuation benefits— Act , s 97B\n\nPart 8 of the Act applies to an unclaimed superannuation benefit if each accountable person holding the benefit is either—\na corporation within the meaning of the Corporations Act taken to be registered in Queensland under that Act; or\nan individual whose principal place of carrying on the business of holding benefits in an approved deposit fund or regulated superannuation fund is in Queensland.\nPart 8 of the Act also applies to an unclaimed superannuation benefit if—\n3 or more accountable persons hold the benefit; and\nnot all, but at least 1, of the accountable persons holding the benefit is a person mentioned in subsection (1) (a) or (b) ; and\nthe principal place for administering the fund in which the benefit is held is in Queensland.\nThe application of part 8 of the Act under this section extends to the following matters and persons—\nan unclaimed superannuation benefit situated outside Queensland, whether or not in Australia;\nanything done, entered into or happening outside Queensland, whether or not in Australia, in relation to an unclaimed superannuation benefit;\nan accountable person, a member of a fund or a beneficiary situated or residing outside Queensland, whether or not in Australia.\n(sec.7-ssec.1) Part 8 of the Act applies to an unclaimed superannuation benefit if each accountable person holding the benefit is either— a corporation within the meaning of the Corporations Act taken to be registered in Queensland under that Act; or an individual whose principal place of carrying on the business of holding benefits in an approved deposit fund or regulated superannuation fund is in Queensland.\n(sec.7-ssec.2) Part 8 of the Act also applies to an unclaimed superannuation benefit if— 3 or more accountable persons hold the benefit; and not all, but at least 1, of the accountable persons holding the benefit is a person mentioned in subsection (1) (a) or (b) ; and the principal place for administering the fund in which the benefit is held is in Queensland.\n(sec.7-ssec.3) The application of part 8 of the Act under this section extends to the following matters and persons— an unclaimed superannuation benefit situated outside Queensland, whether or not in Australia; anything done, entered into or happening outside Queensland, whether or not in Australia, in relation to an unclaimed superannuation benefit; an accountable person, a member of a fund or a beneficiary situated or residing outside Queensland, whether or not in Australia.\n- (a) a corporation within the meaning of the Corporations Act taken to be registered in Queensland under that Act; or\n- (b) an individual whose principal place of carrying on the business of holding benefits in an approved deposit fund or regulated superannuation fund is in Queensland.\n- (a) 3 or more accountable persons hold the benefit; and\n- (b) not all, but at least 1, of the accountable persons holding the benefit is a person mentioned in subsection (1) (a) or (b) ; and\n- (c) the principal place for administering the fund in which the benefit is held is in Queensland.\n- (a) an unclaimed superannuation benefit situated outside Queensland, whether or not in Australia;\n- (b) anything done, entered into or happening outside Queensland, whether or not in Australia, in relation to an unclaimed superannuation benefit;\n- (c) an accountable person, a member of a fund or a beneficiary situated or residing outside Queensland, whether or not in Australia.","sortOrder":10},{"sectionNumber":"pt.5","sectionType":"part","heading":"Statements of account and fees","content":"# Statements of account and fees","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Preparing statement of account— Act , s 142","content":"### sec.8 Preparing statement of account— Act , s 142\n\nThe public trustee must prepare a regular statement of account for each estate under administration or other matter in the Public Trust Office.\nThe public trustee may—\ngive an interested person a copy of the regular statement of account free of charge; and\nat the request of the interested person and on payment of the appropriate fee, give the interested person—\nextra copies of the regular statement of account; or\na copy of a statement of account other than a regular statement of account.\nIn this section—\nappropriate fee , for a copy of a statement of account, means the fee decided by the public trustee, being not more than the reasonable cost to the public trustee of providing a copy of the statement of account.\ninterested person means a person the public trustee considers has a right to, or an interest in, a regular statement of account for an estate under administration or other matter in the Public Trust Office.\nregular statement of account means a statement of account for an estate under administration or other matter in the Public Trust Office—\nprepared by the public trustee at the times the public trustee considers appropriate for a statement of account to be prepared for the estate under administration or matter; and\ncovering the period the public trustee considers appropriate for a statement of account for the estate under administration or matter to cover.\n(sec.8-ssec.1) The public trustee must prepare a regular statement of account for each estate under administration or other matter in the Public Trust Office.\n(sec.8-ssec.2) The public trustee may— give an interested person a copy of the regular statement of account free of charge; and at the request of the interested person and on payment of the appropriate fee, give the interested person— extra copies of the regular statement of account; or a copy of a statement of account other than a regular statement of account.\n(sec.8-ssec.3) In this section— appropriate fee , for a copy of a statement of account, means the fee decided by the public trustee, being not more than the reasonable cost to the public trustee of providing a copy of the statement of account. interested person means a person the public trustee considers has a right to, or an interest in, a regular statement of account for an estate under administration or other matter in the Public Trust Office. regular statement of account means a statement of account for an estate under administration or other matter in the Public Trust Office— prepared by the public trustee at the times the public trustee considers appropriate for a statement of account to be prepared for the estate under administration or matter; and covering the period the public trustee considers appropriate for a statement of account for the estate under administration or matter to cover.\n- (a) give an interested person a copy of the regular statement of account free of charge; and\n- (b) at the request of the interested person and on payment of the appropriate fee, give the interested person— (a) extra copies of the regular statement of account; or (b) a copy of a statement of account other than a regular statement of account.\n- (a) extra copies of the regular statement of account; or\n- (b) a copy of a statement of account other than a regular statement of account.\n- (a) extra copies of the regular statement of account; or\n- (b) a copy of a statement of account other than a regular statement of account.\n- (a) prepared by the public trustee at the times the public trustee considers appropriate for a statement of account to be prepared for the estate under administration or matter; and\n- (b) covering the period the public trustee considers appropriate for a statement of account for the estate under administration or matter to cover.","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Fees for legal services by official solicitor— Act , s 142","content":"### sec.9 Fees for legal services by official solicitor— Act , s 142\n\nThe public trustee may set a scale of fees for legal services provided by the official solicitor.\nIn setting the amount of a fee for a legal service, the public trustee must set an amount that gives a fair and reasonable level of remuneration for the service having regard to—\nthe nature and complexity of the service; and\nthe number, type and importance of documents perused or prepared for the service; and\nthe care, skill and specialised knowledge required, and the responsibility carried out, in providing the service; and\nthe time spent in providing the service.\nAn amount received for a fee for a legal service provided by the official solicitor must be paid into the common fund.\nIn this section—\nlegal services includes conveyancing services.\n(sec.9-ssec.1) The public trustee may set a scale of fees for legal services provided by the official solicitor.\n(sec.9-ssec.2) In setting the amount of a fee for a legal service, the public trustee must set an amount that gives a fair and reasonable level of remuneration for the service having regard to— the nature and complexity of the service; and the number, type and importance of documents perused or prepared for the service; and the care, skill and specialised knowledge required, and the responsibility carried out, in providing the service; and the time spent in providing the service.\n(sec.9-ssec.3) An amount received for a fee for a legal service provided by the official solicitor must be paid into the common fund.\n(sec.9-ssec.4) In this section— legal services includes conveyancing services.\n- (a) the nature and complexity of the service; and\n- (b) the number, type and importance of documents perused or prepared for the service; and\n- (c) the care, skill and specialised knowledge required, and the responsibility carried out, in providing the service; and\n- (d) the time spent in providing the service.","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Power to remit fees— Act , s 142","content":"### sec.10 Power to remit fees— Act , s 142\n\nThe public trustee may remit all or part of a fee payable under the Act .\nHowever, if the Minister directs the public trustee that the fee may not be remitted, the public trustee must not remit any part of the fee.\n(sec.10-ssec.1) The public trustee may remit all or part of a fee payable under the Act .\n(sec.10-ssec.2) However, if the Minister directs the public trustee that the fee may not be remitted, the public trustee must not remit any part of the fee.","sortOrder":14},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Seal— Act , s 142","content":"### sec.11 Seal— Act , s 142\n\nThe public trustee may decide the design of the corporation’s seal.","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Execution of documents— Act , s 142","content":"### sec.12 Execution of documents— Act , s 142\n\nA document executed by the public trustee must be executed in a way that shows the public trustee’s appointment or authority to act.\nIn this section—\ndocument includes a transfer, mortgage, lease and agreement.\n(sec.12-ssec.1) A document executed by the public trustee must be executed in a way that shows the public trustee’s appointment or authority to act.\n(sec.12-ssec.2) In this section— document includes a transfer, mortgage, lease and agreement.","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Provision of aid in legal proceedings— Act , s 142","content":"### sec.13 Provision of aid in legal proceedings— Act , s 142\n\nThis section applies in relation to a person who—\ndoes not meet the criteria for legal assistance under the Legal Aid Queensland Act 1997 , section 11 ; or\nis refused legal assistance under the Legal Aid Queensland Act 1997 .\nThe public trustee may give aid to the person for a civil proceeding by or against the person.\nFor giving aid to the person, the public trustee may—\nengage a lawyer to represent the person; and\npay the lawyer the fees the public trustee considers reasonable.\n(sec.13-ssec.1) This section applies in relation to a person who— does not meet the criteria for legal assistance under the Legal Aid Queensland Act 1997 , section 11 ; or is refused legal assistance under the Legal Aid Queensland Act 1997 .\n(sec.13-ssec.2) The public trustee may give aid to the person for a civil proceeding by or against the person.\n(sec.13-ssec.3) For giving aid to the person, the public trustee may— engage a lawyer to represent the person; and pay the lawyer the fees the public trustee considers reasonable.\n- (a) does not meet the criteria for legal assistance under the Legal Aid Queensland Act 1997 , section 11 ; or\n- (b) is refused legal assistance under the Legal Aid Queensland Act 1997 .\n- (a) engage a lawyer to represent the person; and\n- (b) pay the lawyer the fees the public trustee considers reasonable.","sortOrder":18},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provision","content":"# Transitional provision","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"References to expired regulation","content":"### sec.14 References to expired regulation\n\nA reference in a document to the expired regulation may, if the context permits, be taken to be a reference to this regulation.\nIn this section—\nexpired regulation means the expired Public Trustee Regulation 2012 .\n(sec.14-ssec.1) A reference in a document to the expired regulation may, if the context permits, be taken to be a reference to this regulation.\n(sec.14-ssec.2) In this section— expired regulation means the expired Public Trustee Regulation 2012 .","sortOrder":20}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation is a straightforward replacement of the expired Public Trustee Regulation 2012, carrying forward substantially the same operational rules with updated interest rate mechanisms tied to the RBA rate. The scope remains consistent with its original purpose of prescribing administrative and financial matters for the Public Trustee's operations."},"complexity_factors":["Cross-references to multiple parent Acts (Public Trustee Act, Trusts Act 1973, Corporations Act, Legal Aid Queensland Act 1997) requiring familiarity with those frameworks","Interest rate calculation mechanism involves tiered categories (term deposit vs non-term deposit, class 2 vs non-class 2 amounts) with conditional logic","Jurisdictional reach provisions for unclaimed superannuation are technically complex, extending to extraterritorial (outside Queensland and outside Australia) scenarios","Multiple amendments already applied (three 2024 SL amendments to section 4) adding interpretive complexity","Several provisions delegate significant discretion to the Public Trustee without prescribing precise standards (e.g. timing of account statements, fee waivers)"],"plain_english_summary":"## Public Trustee Regulation 2023 (Queensland)\n\n**What is this?**\nThis is a Queensland government regulation that sets out the operational rules for the **Public Trustee** — the government body that manages money and assets for people who can't manage their own affairs (such as deceased estates, people under guardianship, or those who have unclaimed superannuation).\n\n**Who does it affect?**\n- **Beneficiaries and heirs** of estates being managed by the Public Trustee\n- **People with unclaimed superannuation** held in Queensland-registered funds\n- **People who can't get Legal Aid** but need help in civil court cases\n- **Advisory trustees** (people appointed alongside the Public Trustee to help manage an estate)\n- **Superannuation funds** operating in Queensland\n\n**What does it actually do?**\n\n1. **Interest on your money:** Sets how interest is calculated on money the Public Trustee holds for you. It's tied to the Reserve Bank of Australia's 6-month term deposit rate (updated twice a year — in April and October). Courts or agreements can sometimes get you a higher rate.\n\n2. **Unclaimed superannuation:** Defines which unclaimed super benefits fall under Queensland law — broadly, if the super fund is registered in Queensland or mainly run from Queensland, these rules apply. This can even cover funds and people located overseas.\n\n3. **Account statements:** The Public Trustee must regularly prepare financial statements for every estate it manages. You can get a free copy if you have an interest in the estate; extra or non-standard copies cost a fee.\n\n4. **Legal fees:** The Public Trustee's in-house lawyer (the \"official solicitor,\" including for property transfers/conveyancing) charges fees that must be fair and reasonable. All money collected goes into the common fund.\n\n5. **Fee waivers:** The Public Trustee can waive (reduce or cancel) fees — unless the Minister says they can't.\n\n6. **Legal help for the vulnerable:** If someone is denied Legal Aid or doesn't qualify, the Public Trustee can step in and pay for a lawyer to help them in civil (non-criminal) court cases.\n\n7. **Advisory trustee pay:** The Public Trustee and an advisory trustee can agree on what the advisory trustee gets paid, subject to any court order or the terms of the trust document.\n\n8. **Housekeeping:** Rules about the Public Trustee's official seal, how documents must be signed, and continuity from the old 2012 regulation.\n\n**Why does it matter?**\nIf the Public Trustee is managing money or assets that belong to you or a deceased family member, this regulation directly affects how much interest your money earns, what fees you might be charged, and what financial information you're entitled to receive."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.8-ssec.3 (definition of 'regular statement of account')","severity":"high","reasoning":"The word 'regular' implies a defined periodicity or standard, but the definition delegates entirely to the public trustee's subjective discretion on both timing and coverage. A statement prepared once per century at the public trustee's whim would technically satisfy this definition. The mandatory 'must' in subsection (1) is therefore hollow — there is no objective standard against which compliance or non-compliance can be measured.","confidence":0.92,"description":"The definition of 'regular statement of account' is entirely circular and content-free. It is defined as a statement prepared 'at the times the public trustee considers appropriate' and 'covering the period the public trustee considers appropriate.' This definition imposes no actual constraint, frequency, or content requirement, rendering the mandatory obligation in sec.8-ssec.1 ('must prepare a regular statement of account') effectively meaningless."},{"type":"circular_definition","section":"sec.8-ssec.3 (definition of 'interested person')","severity":"medium","reasoning":"The public trustee has a financial interest in limiting scrutiny of its own administration. Allowing the trustee to define who qualifies as an 'interested person' entitled to receive account statements creates a structural conflict of interest embedded in the legislation itself. Legitimate beneficiaries could theoretically be excluded by a trustee simply deciding they do not 'consider' them to have a relevant interest.","confidence":0.85,"description":"The definition of 'interested person' — a person 'the public trustee considers has a right to, or an interest in' a statement of account — is entirely subjective and self-referential. The public trustee decides who qualifies for access to statements, creating a situation where the trustee controlling the estate also unilaterally controls who may scrutinise its administration of that estate."},{"type":"impossible_compliance","section":"sec.4-ssec.3(b)","severity":"medium","reasoning":"In the context of estates under administration, funds are often paid to the public trustee by executors, administrators or courts, not by ongoing commercial counterparties available to negotiate interest rates for future periods. A deceased person cannot agree to a rate. The provision appears to assume a bilateral commercial relationship that does not exist in the typical public trustee context.","confidence":0.72,"description":"Section 4(3)(b) requires agreement on a rate 'equal to or more than the 6 month term deposit rate' between the public trustee and 'the person paying the amount to the public trustee.' However, by the time interest rates are being applied, the amount is already held in the common fund — the 'person paying' may no longer exist (e.g. a deceased estate) or may have no legal standing to negotiate rates after payment. The provision contemplates a negotiation that is often practically impossible."},{"type":"other","section":"sec.7-ssec.2(a)","severity":"low","reasoning":"The binary cutoff at 3 accountable persons creates an arbitrary gap in coverage. There is no logical basis articulated in the provision for why 2 accountable persons with at least 1 Queensland-based and a Queensland-administered fund should be excluded while 3 persons triggers coverage. This is likely a policy choice inherited from prior legislation, but it produces anomalous outcomes.","confidence":0.65,"description":"Section 7(2) triggers application of Part 8 of the Act where '3 or more accountable persons hold the benefit.' The threshold of exactly 3 is arbitrary with no stated rationale, creating a cliff-edge where 2 accountable persons (potentially one Queensland-based and one not) falls entirely outside the provision, while 3 triggers it. A benefit held by 2 persons with the same Queensland nexus as a 3-person arrangement receives no coverage."},{"type":"other","section":"sec.10-ssec.1 and sec.10-ssec.2","severity":"low","reasoning":"The provision creates a binary — either the full discretion to remit under s10(1) applies, or the Minister's total prohibition under s10(2) applies. There is no mechanism for the Minister to direct that some but not all of a fee be non-remittable, which may be a practically useful intermediate position. The drafting implies an all-or-nothing ministerial power that may not reflect intended policy.","confidence":0.6,"description":"Section 10(1) grants the public trustee a power to remit 'all or part' of a fee. Section 10(2) provides that if the Minister directs that the fee 'may not be remitted,' the public trustee must not remit 'any part' of the fee. The provision does not address whether the Minister can direct partial non-remission (e.g. that only part of the fee may not be remitted), creating a gap where the Minister's intermediate directions have no clear legal effect."}],"contradictions":[{"severity":"high","section_a":"sec.8-ssec.1","section_b":"sec.8-ssec.3 (definition of 'regular statement of account')","confidence":0.91,"description":"Section 8(1) imposes a mandatory obligation ('must prepare') a regular statement of account, but the definition of 'regular statement of account' in section 8(3) makes the obligation entirely discretionary by defining the statement by reference solely to what 'the public trustee considers appropriate' for timing and coverage. A mandatory duty defined entirely by the obligor's own discretion is self-contradicting."},{"severity":"low","section_a":"sec.9-ssec.1","section_b":"sec.9-ssec.2","confidence":0.58,"description":"Section 9(1) states the public trustee 'may' set a scale of fees (discretionary). Section 9(2) states that 'in setting the amount of a fee,' the public trustee 'must' set an amount meeting specific criteria. If the public trustee exercises the discretion not to set fees at all under s9(1), s9(2) is never triggered. However, if fees are in practice charged without a formally set scale, it is unclear whether the s9(2) mandatory criteria apply to ad hoc fee-setting, creating a potential gap between the permissive power and the mandatory standard."},{"severity":"low","section_a":"sec.4-ssec.2","section_b":"sec.4-ssec.3(c)","confidence":0.7,"description":"Section 4(2) provides that a term deposit amount that is NOT a class 2 amount earns the 6 month term deposit rate. Section 4(3)(c) provides that a class 2 amount where neither a court order nor an agreement applies ALSO earns the 6 month term deposit rate. The distinction between class 2 and non-class 2 amounts therefore produces no difference in outcome in the default case under s4(3)(c), making the classification distinction between s4(2) and s4(3)(c) produce identical results and raising the question of why a separate provision was needed."}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with its original purpose as a machinery provision supporting the Public Trustee Act. It covers standard operational matters (interest rates, fees, investments) that are typical for trustee regulations. The unclaimed superannuation provisions in Part 4 represent a specific extension of jurisdiction but appear to be within the intended scope of modernising the Public Trustee's role, rather than scope creep."},"complexity_factors":["Multiple cross-references to the parent Act (Public Trustee Act) without reproducing those provisions, requiring readers to look up external sections","Nested conditional logic in section 4 for determining interest rates (3-tier hierarchy: court-ordered rate > negotiated rate > default rate)","Date-dependent calculations for interest rates (6-month lookback periods tied to February/August Reserve Bank rates)","Defined terms scattered across sections rather than consolidated (6 month term deposit rate, reserve bank rate, term deposit amount defined within section 4; other terms defined in Schedule 2 dictionary not shown)","Geographic jurisdictional tests in section 7 with multiple alternative tests (subsection 1 vs subsection 2) and extraterritorial extension provisions","Subordinate legislation amending subordinate legislation references (2024 SL amendments noted in section 4)"],"plain_english_summary":"This regulation sets the rules for how Queensland's Public Trustee manages money, charges fees, and handles unclaimed superannuation benefits.\n\n**Who it affects:**\n- People who have estates (deceased persons' assets) being managed by the Public Trustee\n- Beneficiaries waiting for inheritances\n- People with unclaimed superannuation benefits\n- Advisory trustees working with the Public Trustee\n- People who need legal aid but don't qualify for standard Legal Aid Queensland assistance\n\n**What it does:**\n\n**Interest on money held:**\n- Sets interest rates for money held in the Public Trustee's common fund (a pooled account for estates)\n- Different rates apply depending on whether the money is needed immediately or can be locked away as a 'term deposit'\n- For some larger amounts (class 2 amounts), higher rates can be negotiated or court-ordered\n- Interest rates are tied to the Reserve Bank of Australia's published rates\n\n**Investments:**\n- Allows unclaimed money to be invested according to the Trusts Act 1973 (standard rules for how trustees can invest)\n\n**Paying advisory trustees:**\n- Lets the Public Trustee negotiate remuneration (payment) with advisory trustees, unless a court order or the original trust document says otherwise\n\n**Unclaimed superannuation:**\n- Extends Queensland's Public Trustee powers to unclaimed super benefits held by certain Queensland-based companies or individuals\n- Covers super even if the money or people involved are outside Queensland or Australia\n\n**Statements and fees:**\n- Requires regular account statements for all estates\n- Allows the Public Trustee to charge for extra copies of statements\n- Sets rules for how the official solicitor (the Public Trustee's lawyer) charges for legal work—fees must be fair based on complexity, time, and skill required\n- Lets the Public Trustee waive or reduce fees, unless the Minister says no\n\n**Miscellaneous:**\n- Lets the Public Trustee design their official seal\n- Sets rules for how documents must be signed to show the Public Trustee has authority\n- Allows the Public Trustee to provide legal aid to people who don't qualify for standard legal aid\n\n**Why it matters:**\nThis regulation protects people who can't manage their own affairs (often due to death or incapacity) by ensuring their money earns appropriate interest, fees are fair and transparent, and there's a safety net for legal assistance. It also ensures unclaimed superannuation can be properly managed when the holder has a Queensland connection."},"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-regulation-2023","history":"/api/acts/public-trustee-regulation-2023/history","analysis":"/api/acts/public-trustee-regulation-2023/analysis","conflicts":"/api/acts/public-trustee-regulation-2023/conflicts","importantCases":"/api/acts/public-trustee-regulation-2023/important-cases","documents":"/api/acts/public-trustee-regulation-2023/documents"}}