QLDIn ForceAct
Public Trustee Act 1978
sec.93Public trustee may resume management by notice
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### sec.93 Public trustee may resume management by notice
If, after the authority of the public trustee to manage the estate of a prisoner has ceased pursuant to section 92 —
the chief executive (corrective services) certifies in writing to the public trustee that the prisoner is not at liberty by virtue of a parole order or a reintegration program mentioned in section 92 (2) (c) and that it appears desirable that the public trustee should again become the manager of such estate; and
the public trustee determines that it is so desirable;
the public trustee may give notice in duplicate, in the form approved by the public trustee, to the chief executive (corrective services) that the public trustee intends to resume such management, and thereupon, after a date to be stated in the notice (being not less than 6 weeks after the date of signing of the notice), the authority of the public trustee under this part to manage the estate of such prisoner shall recommence unless the said notice has been sooner revoked by the public trustee.
Within 7 days of receipt of such notice, the chief executive (corrective services) shall cause a copy of the notice to be delivered to the prisoner.
The prisoner may, within 4 weeks of such delivery, make written representations to the public trustee that the notice should be revoked, and the chief executive (corrective services) shall transmit such representations forthwith to the public trustee.
If the public trustee, after considering such representations (if any) or any other matters, determines that the public trustee should not again become the manager of such estate, the public trustee may, before the notice referred to in subsection (1) takes effect, revoke it and give notice of such revocation in duplicate, in the form approved by the public trustee, to the chief executive (corrective services) who shall cause a copy to be delivered to the prisoner.
s 93 amd 1988 No. 88 s 3 (1) sch 1 ; 1994 No. 24 s 3 (1) sch ; 1999 No. 9 s 3 sch
(sec.93-ssec.1) If, after the authority of the public trustee to manage the estate of a prisoner has ceased pursuant to section 92 — the chief executive (corrective services) certifies in writing to the public trustee that the prisoner is not at liberty by virtue of a parole order or a reintegration program mentioned in section 92 (2) (c) and that it appears desirable that the public trustee should again become the manager of such estate; and the public trustee determines that it is so desirable; the public trustee may give notice in duplicate, in the form approved by the public trustee, to the chief executive (corrective services) that the public trustee intends to resume such management, and thereupon, after a date to be stated in the notice (being not less than 6 weeks after the date of signing of the notice), the authority of the public trustee under this part to manage the estate of such prisoner shall recommence unless the said notice has been sooner revoked by the public trustee.
(sec.93-ssec.2) Within 7 days of receipt of such notice, the chief executive (corrective services) shall cause a copy of the notice to be delivered to the prisoner.
(sec.93-ssec.3) The prisoner may, within 4 weeks of such delivery, make written representations to the public trustee that the notice should be revoked, and the chief executive (corrective services) shall transmit such representations forthwith to the public trustee.
(sec.93-ssec.4) If the public trustee, after considering such representations (if any) or any other matters, determines that the public trustee should not again become the manager of such estate, the public trustee may, before the notice referred to in subsection (1) takes effect, revoke it and give notice of such revocation in duplicate, in the form approved by the public trustee, to the chief executive (corrective services) who shall cause a copy to be delivered to the prisoner.
- (a) the chief executive (corrective services) certifies in writing to the public trustee that the prisoner is not at liberty by virtue of a parole order or a reintegration program mentioned in section 92 (2) (c) and that it appears desirable that the public trustee should again become the manager of such estate; and
- (b) the public trustee determines that it is so desirable;