Committee Details

COMMITTEE'S REPORT

The committee tabled its report on 21 January 2022. The government has three months to respond to the report's recommendations. The Bill was passed with amendments on 11 May 2022.

ABOUT THE BILL

On 28 October 2021, Hon Shannon Fentiman MP, Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence introduced the Public Trustee (Advisory and Monitoring Board) Amendment Bill 2021 (Bill) into the Queensland Parliament. The Bill was referred to the Community Support and Services Committee for detailed consideration. The committee is required to table its report by 21 January 2022. 

The purpose of the Bill is to amend the Public Trustee Act 1978 (the PTA) to establish the Public Trustee Advisory and Monitoring Board (the Board). The Board is intended to provide additional oversight over the Public Trustee to enhance transparency and public accountability. 

The Public Trustee operates as a corporation sole, is governed by the PTA and provides a range of financial, trustee and legal services to Queenslanders. Importantly, the Public Trustee forms a central role in the guardianship system in Queensland. The guardianship system provides for a range of substitute decision-makers to make decisions on behalf of adults with impaired decision-making capacity. The Public Trustee may be appointed by the Queensland Civil and Administrative Tribunal under the Guardianship and Administration Act 2000 (the GAA) as an administrator and by a principal under the Powers of Attorney Act 1978 as an attorney in an enduring power of attorney to make decisions about financial matters or legal matters in relation to property.

Under the GAA, the Public Advocate has a statutory responsibility to undertake systems advocacy on behalf of Queensland adults with impaired decision-making capacity. On 10 March 2021, the Public Advocate’s report, Preserving the financial futures of vulnerable Queenslanders: A Review of the Public Trustee’s fees, charges and practices (the OPA Report) was tabled in the Legislative Assembly, together with the government response.

The OPA Report makes 32 recommendations relating to the Public Trustee’s fees and charges regime, transparency, sustainability and provision of legal services. Recommendation 30 of the OPA Report is that government consider additional oversight and/or reporting mechanisms to improve the Public Trustee’s performance, transparency and public accountability. In response to recommendation 30, the government committed to the establishment of a Public Trustee Board with an advisory and monitoring focus.

TIMELINE