{"id":"public-trustee-regulations-2025","name":"Public Trustee Regulations 2025","slug":"public-trustee-regulations-2025","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236851,"registerId":"sa-public-trustee-regulations-2025-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Trustee Regulations 2025","content":"South Australia\nPublic Trustee Regulations 2025\nunder the Public Trustee Act 1995\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tCommission and prescribed fees\nSchedule 1—Common fund—commission\n1\tCommission on capital\n2\tCommission on income\nSchedule 2—Commission\nPart 1—Commission on capital\nPart 2—Commission on income\nPart 3—General\nSchedule 3—Repeal and transitional provision\n1\tRepeal of Public Trustee Regulations 2010\n2\tTransitional provision\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Public Trustee Regulations 2025.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations—\nAct means the Public Trustee Act 1995.\n4—Commission and prescribed fees\n\t(1)\tFor the purposes of section 29(6a) of the Act, the rates or amounts of commission to be charged against an amount at credit in a common fund on account of a class of persons referred to in section 29(1)(b) of the Act are as set out in Schedule 1.\n\t(2)\tFor the purposes of section 45 of the Act, the rates or amounts of commission to be charged against an estate under the control of the Public Trustee (otherwise than under section 75 of the Succession Act 20231) are as set out in Schedule 2.\n\t(3)\tIf a maximum or minimum rate or amount is provided in Schedule 1 or Schedule 2, or in relation to prescribed fees, the Public Trustee may determine the rate or amount in a particular case, subject to that maximum or minimum.\nNote—\n1\tSection 75 of the Succession Act 2023 provides for the vesting of an intestate estate in the Public Trustee until administration is granted in respect of the estate.\nSchedule 1—Common fund—commission\n1—Commission on capital\nCommission—\n\t(a)\tin respect of estates administered by the Public Trustee, on money that is invested in a common fund on behalf of the beneficiaries of the estates that would otherwise be distributed to the beneficiaries; or\n\t(b)\ton money that is invested in a common fund on behalf of all other classes of persons referred to in section 29(1)(b) of the Act,\nmust be charged at a rate not exceeding the maximum rate of 1% of the capital amount invested.\n2—Commission on income\nCommission on income received in respect of money invested in a common fund on behalf of a class of persons referred to in section 29(1)(b) of the Act, must be charged at a rate not exceeding the maximum rate of 5%.\nSchedule 2—Commission\nPart 1—Commission on capital\n1\t(1)\tSubject to this Schedule, commission—\n\t(a)\tin respect of estates of deceased persons and trust estates or funds held by the Public Trustee alone or with another person, on—\n\t(i)\tthe proceeds of all assets realised; and\n\t(ii)\tmoney collected; and\n\t(iii)\tthe value of unrealised property transferred or delivered in kind to, or specifically appropriated in trust for, a person entitled; or\n\t(b)\tin respect of estates of protected persons (within the meaning of the Aged and Infirm Persons' Property Act 1940 or the Guardianship and Administration Act 1993) being managed or administered by the Public Trustee, on—\n\t(i)\tthe proceeds of all assets realised; and\n\t(ii)\tmoney collected; and\n\t(iii)\tthe value of unrealised property to which the estate is entitled at the conclusion of the management of the estate,\nmust be charged at a rate not exceeding the maximum rates set out in the following table:\n\nMaximum rate of commission\nRates on capital amount or value of estate:\n4% up to $200 000 plus\n3% on the amount from $200 001 to $400 000 plus\n2% on the amount from $400 001 to $600 000 plus\n1% on the amount over $600 000\n\t(2)\tIf property is sold subject to a mortgage or other charge, the amount of the mortgage or charge is considered part of the proceeds.\n\t(3)\tIn the case of a transfer to, or sale on behalf of, the spouse or domestic partner of a deceased person of—\n\t(a)\ta home formerly shared by the spouses or domestic partners; or\n\t(b)\tany of the household furniture and effects,\ncommission must be charged at a rate not exceeding half of the maximum rate applicable under subclause (1) on the value of the share of the home and household furniture and effects of the spouse or domestic partner.\n2\t(1)\tIf money is required to be paid to the Public Trustee on behalf of a party or person by order or rule of a court, commission on that sum must be charged at a rate not exceeding the maximum rate applicable under clause 1.\n\t(2)\tHowever, if a portion of the money is directed to be paid immediately, commission must be charged at a rate not exceeding 1%.\n3\tIf property has been delivered or transferred to the Public Trustee on behalf of a person under section 91 of the Succession Act 2023, commission must be charged at a rate not exceeding the maximum rate applicable under clause 1.\n4\tIf the Public Trustee has been appointed as agent or attorney—\n\t(a)\tcommission on the proceeds of all assets realised and money collected by the Public Trustee must be charged at a rate not exceeding the maximum rate applicable under clause 1; and\n\t(b)\tcommission in respect of a service, or action taken, by the Public Trustee and not otherwise dealt with in these regulations must be charged at a rate agreed with the person appointing the Public Trustee as agent or attorney.\n5\tIf the Public Trustee has been appointed manager of unclaimed property under Part 6 of the Act, or holds money or other property in a capacity not otherwise dealt with in these regulations—\n\t(a)\tcommission on the proceeds of all assets realised and money collected by the Public Trustee must be charged at a rate not exceeding the maximum rate applicable under clause 1; and\n\t(b)\tcommission in respect of a service, or action taken, by the Public Trustee and not otherwise dealt with in these regulations must be charged at a rate agreed with the person appointing the Public Trustee.\n6\tIn calculating commission on capital, expenses arising from the sale of property by the Public Trustee (including the commission on the sale of property paid by the Public Trustee to an agent) will be disregarded.\n7\t(1)\tFor the purposes of this Schedule, the value of unrealised property, unless otherwise directed by a court, is the price which, in the opinion of the Public Trustee, the property would realise if sold in the open market.\n\t(2)\tHowever, if the transfer of property is delayed—\n\t(a)\tby an intervening life interest; or\n\t(b)\tby some other intervening interest, order or condition that has the effect of postponing distribution for a period of over 24 months from the date of death,\nthe value of the property transferred to a beneficiary is its value as determined by the Public Trustee on the date of the determination of the intervening interest, order or condition.\nPart 2—Commission on income\n8\t(1)\tCommission on income received by the Public Trustee in respect of an estate or trust or from a fund or property held by the Public Trustee alone or with another person must be charged—\n\t(a)\ton income other than rent—at the rate of 5%; or\n\t(b)\ton rent—at the rate of 7.5%.\n\t(2)\tCommission on income will be charged on the gross income received except where a business is carried on by the Public Trustee.\n\t(3)\tIf a business is carried on by the Public Trustee, commission on income will be charged on the gross income received from carrying on the business less all items of revenue expenditure attributable to the business (excluding expenses which are attributable to the general administration of the estate or trust, or the ownership of the assets).\n\t(4)\tCommission on the following:\n\t(a)\told age, invalid, superannuation, war and service pensions;\n\t(b)\tsick pay;\n\t(c)\tpayments of maintenance for divorced persons;\n\t(d)\tpayments of maintenance for protected persons;\n\t(e)\tunemployment and sickness benefits paid by the Department of Social Services,\nmust be charged at a rate not exceeding the rate applicable under subclause (1).\n\t(5)\tCommission in respect of rents collected by an agent who is employed, and paid a commission, by the Public Trustee must be charged at the rate of 2.5%.\nPart 3—General\n9\t(1)\tThe Public Trustee may charge commission at the appropriate rate at the following times:\n\t(a)\tsubject to subclause (2), commission on money may be charged when the Public Trustee receives the money;\n\t(b)\tcommission on property sold or realised may be charged when the Public Trustee receives the proceeds of the sale or realisation;\n\t(c)\tcommission on unrealised property transferred or delivered in kind to, or specifically appropriated in trust for, a person entitled may be charged when the property is transferred, delivered or appropriated in trust.\n\t(2)\tIf the Public Trustee carries on a business, the commission on the income received in the course of carrying on the business must not be charged until the net annual trading profit has been ascertained.\n\t(3)\tCommission on capital must not be charged more than once during the course of the administration of the estate, trust or fund.\n10\tFor a service in connection with the identification of a beneficiary or the ascertainment and establishment of next of kin, the Public Trustee may charge, either against the estate or against the share of the person to whom the inquiries relate, an additional commission not exceeding 10% of the value of the estate.\nSchedule 3—Repeal and transitional provision\n1—Repeal of Public Trustee Regulations 2010\nThe Public Trustee Regulations 2010 are repealed.\n2—Transitional provision\nThese regulations do not affect an arrangement, understanding or undertaking made before the commencement of the Public Trustee Regulations 1995 with respect to the commission chargeable in respect of an estate, trust or fund which is in the course of administration by the Public Trustee.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2025\n68\nGazette 31.7.2025 p2862 \n31.7.2025: r 2\n","sortOrder":0}],"analysis":{"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible — the actual text of the Public Trustee Regulations 2025 (SA) was not available for review. The submitted content is an error page from the SA legislation website, not the legislation itself."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 error page","The submission contains only website navigation content, not statutory provisions","Complexity cannot be meaningfully assessed without access to the actual regulations"],"plain_english_summary":"The submitted \"Public Trustee Regulations 2025 (SA)\" could not be analysed because the link returned a 404 error and only the legislation website’s error page was retrieved. No substantive text was available, so no legal analysis could be done.\n\nThis appears to be South Australian subordinate legislation under the Public Trustee Act—likely concerning fees, procedures and administrative requirements for the Public Trustee. To proceed, retrieve the correct regulation text from legislation.sa.gov.au or report the broken link to OPCWeb@sa.gov.au."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"These regulations replace the Public Trustee Regulations 2010 (Sch 3(1)) and set new maximum commission rates and procedural rules for the Public Trustee; they preserve any commission arrangements made before commencement for administrations already underway (Sch 3(2)). The Public Trustee retains discretion to fix specific rates within the prescribed maxima (reg 4(3))."},"complexity_factors":["Tiered maximum commission schedule on capital with multiple bands (Schedule 2, cl 1(1))","Separate maximums for common fund capital and income versus individual estates (Schedule 1 and Schedule 2)","Different treatment and caps for types of income (general income, rent, pensions, business income) and agents (Schedule 2, cl 8)","Discretion for the Public Trustee to set a rate within prescribed maxima or minima in particular cases (reg 4(3))","Timing and once-only charge rules for commission during administration (Schedule 2, cl 9)","Special reduced commission for transfers to spouse/domestic partner and special additional commission for beneficiary identification work (Schedule 2, cl 1(3) and cl 10)","Valuation and calculation rules for unrealised property, sales subject to mortgage, and business income (Schedule 2, cls 2, 6–7, 8(2)–(3))","Interplay with other Acts and definitions (references to the Succession Act 2023, Aged and Infirm Persons' Property Act 1940 and Guardianship and Administration Act 1993)","Repeal of prior regulations with a protective transitional clause preserving pre-existing commission arrangements in ongoing administrations (Schedule 3)"],"plain_english_summary":"These regulations set the fees and commission rules the South Australian Public Trustee may charge for managing estates, trusts and common funds, replacing the 2010 regulations. They establish maximum percentage caps for commissions on capital and income and allow the Public Trustee to choose a rate within those caps in particular cases (reg 4(1)–(3); Schedules 1–2). They affect deceased estates, protected persons’ estates, beneficiaries and agents by determining who pays, when commission is charged, and how much is deducted from distributions (Schs 1–3)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with the original purpose of the Public Trustee Act 1995. They update fee structures from the 2010 regulations without expanding into new substantive areas. The scope remains limited to prescribing commission rates and administrative fee-setting powers, which is the core regulatory function under sections 29 and 45 of the parent Act."},"complexity_factors":["Tiered fee structure with four separate capital commission brackets requiring calculation across value bands","Multiple distinct contexts for commission application (common funds, deceased estates, protected persons' estates, court-ordered payments, unclaimed property, agency appointments)","Conditional logic with exceptions: spouse/domestic partner discount (50% rate reduction), immediate court payments (1% cap), delayed transfers with intervening interests (24-month threshold triggers alternative valuation method)","Cross-references to three separate Acts: Public Trustee Act 1995, Succession Act 2023, Aged and Infirm Persons' Property Act 1940, and Guardianship and Administration Act 1993","Defined terms limited to one ('Act'), but implicit defined terms from referenced legislation (e.g., 'protected persons', 'domestic partner') require external knowledge","Alternative calculation methods for income commission depending on whether a business is carried on (gross vs net income distinction)","Transitional provision preserving pre-1995 arrangements creates parallel historical fee regimes"],"plain_english_summary":"This is a South Australian regulation that sets out how much the Public Trustee can charge in fees (called 'commission') for managing money, property, and estates on behalf of other people.\n\n**Who is the Public Trustee?**\nThe Public Trustee is a government body that steps in to manage financial affairs when someone can't do it themselves — for example, when someone dies without a will, when someone lacks mental capacity, or when a court orders money to be held in trust.\n\n**What do these regulations do?**\nThey set maximum fee rates for different services:\n\n**For money held in 'common funds' (pooled investments):**\n- **Capital (the original amount invested):** maximum 1% per year\n- **Income earned:** maximum 5% per year\n\n**For estates and trusts under management:**\n- **Capital fees** work on a sliding scale:\n  - 4% on the first $200,000\n  - 3% on the next $200,000 ($200,001–$400,000)\n  - 2% on the next $200,000 ($400,001–$600,000)\n  - 1% on anything above $600,000\n- **Income fees:** 5% on most income, 7.5% on rent collected\n\n**Special rules and discounts:**\n- **Spouses and domestic partners** get a 50% discount on fees when inheriting the family home or household items\n- **Court-ordered payments** that must be paid out immediately: capped at 1%\n- **Pensions and benefits** (old age, disability, veterans' pensions, unemployment benefits): standard income rates apply\n- **Rents collected by an external agent:** reduced rate of 2.5%\n\n**When can fees be charged?**\n- When money is received\n- When property is sold\n- When property is transferred to beneficiaries\n- Capital fees can only be charged once during the whole administration\n\n**Other key points:**\n- The Public Trustee can charge up to an extra 10% for tracking down missing beneficiaries or proving next of kin\n- The Public Trustee has discretion to set actual rates within these maximums\n- These rules replace the 2010 regulations but don't disturb existing fee arrangements already in place\n\n**Why it matters:**\nThese regulations protect vulnerable people — those who have died, lost capacity, or can't manage their own affairs — by ensuring the Public Trustee's fees are capped and transparent. They prevent excessive charges while allowing the Public Trustee to recover costs for professional services."}},"importantCases":[],"_links":{"self":"/api/acts/public-trustee-regulations-2025","history":"/api/acts/public-trustee-regulations-2025/history","analysis":"/api/acts/public-trustee-regulations-2025/analysis","conflicts":"/api/acts/public-trustee-regulations-2025/conflicts","importantCases":"/api/acts/public-trustee-regulations-2025/important-cases","documents":"/api/acts/public-trustee-regulations-2025/documents"}}