Public Trustee Submission

Community Development and Justice Standing Committee Inquiry into Guardianship and Administration in Western Australia

Public Trustee Submission

28 May 2026

All references to legislation refer to Western Australian legislation unless otherwise indicated.

Appendices 1-8 contain operational data or information which can identify Represented Persons and are not publicly available.

Contents

• Part 1: Organisational capability of the Public Trustee to represent and protect client’s human rights

• Staffing

• Organisational Structure

• Operational Structure

• Trust Manager Caseloads

• Private Administrator Support Examination Caseloads

• Part 2: Organisational culture of the Public Trustee and how it impacts delivery of services

• Strategic Plan

• Values Statement

• Employer Initiatives

• Part 3: Adequacy of mechanisms in place to resolve complaints, disputes and allegations

• System in use

• Previous audits

• Core Principles of an Adequate System

• Key Components of an Effective System

• Early Resolution via Trust Managers

• Further avenues for complaints

• Part 4: Accessibility of information, including whether the Public Trustee provides information to relevant individuals and organisations in a timely, fair and transparent manner

• Guardianship and Administration Act 1990 (GA Act)

• Public Trustee Act 1941 (PT Act)

• Freedom of Information Act 1992 (FOI Act)

• Privacy and Responsible Information Sharing Act 2024 (PRIS Act)

• Other WA government agencies

• Part 5: Outcomes experienced by Represented Persons and their families because of decisions made by the Public Trustee

• The purpose of the GA Act

• Office of the Public Advocate as guardian

• Public Trustee as administrator

• Outcomes experienced by Represented Persons

• National Redress Scheme

• Part 6: Whether current oversight mechanisms are adequate to ensure administrators are held accountable for their decisions

• i. Financial Management Act 2006 (FM Act)

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• ii. Auditor General Act 2006 (AG Act)

• iii. Audits

• iv. Oversight Committees

• v. Ministerial supervision and responsibility

• vi. Annual Agreement

• vii. Public Trustee Fees

• viii. Common Account and strategic common account

• ix. Treasurer approval to manage the Common Account or PTIFs

• x. Deficiency in the Common Account

• xi. Review of Public Trustee decisions

• xii. Independent statutory body

• xiii. Internal procedures/policies

• xiv. Corruption and Crime Commission

• xv. Department of Justice

• xvi. How the Public Trustee pays for its errors

• xvii. Public Trustee as examiner of accounts

• xviii. Freedom of Information Act 1992 (FOI Act)

• xix. Section 47(2) of the PT Act

• xx. Governing Board

• Part 7: Role and conduct of the State Administrative Tribunal as far as it relates to the above

• Section 17A reviews

• Appeals to the Supreme Court

• Part 7 of the GA Act – Review of orders

• APPENDIX 1 Operational data (not for publication)

• APPENDIX 2 Public Trustee Strategic Plan 2022-2027 (not for publication)

• APPENDIX 3 Trust Manager activities (not for publication)

• APPENDIX 4 Details of eight Public Trustee appointments on a sample day (not for publication)

• APPENDIX 5 Trust Manager Case Studies (not for publication)

• APPENDIX 6 Legal Officer Case Studies (not for publication)

• APPENDIX 7 Sample of compliments from Represented Persons, their families and supports (not for publication)

• APPENDIX 8 Media Reporting Case Study (not for publication)

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1. Organisational capability

Part 1: Organisational capability of the Public Trustee to represent and protect client’s human rights

KEY POINTS:

• From 1 July 2026, the Public Trustee will have 228.7 permanent Full Time Equivalent (FTE) staff with 100 permanent FTE dedicated to acting for Represented Persons and other clients.
• The increase of 43 permanent FTEs approved by Government is the largest increase in the Public Trustee’s history and will address the growing demand, caseload pressures, workloads and improve service delivery.

The Public Trustee is an independent statutory authority created under the Public Trustee Act 1941 (PT Act). Section 4 of the PT Act establishes the Public Trustee as both an office bearer and a body corporate. The Public Trustee has perpetual succession and can undertake legal action in its name, and of holding and disposing of real property. Section 4(3) confirms that the Public Trustee is an agent of the Crown.

Section 1A of the PT Act states that its object “is to provide community services in respect of trusts, estates and related matters”.

The Public Trustee provides several services to the Western Australian public in respect of trusts, deceased estates and related matters, including:

• when appointed as administrator by the State Administrative Tribunal (SAT) under the Guardianship and Administration Act 1990 (GA Act), managing the financial matters of people who have been deemed incapable of managing their own financial matters. A person subject to an administration order is known as a Represented Person;
• preparing Wills that nominate the Public Trustee as Executor;
• safe custody of Western Australian Wills in the WA Will Bank;
• preparing Enduring Powers of Attorney (EPA) which appoint the Public Trustee or the donor’s spouse or partner as donee;
• acting as administrator of some deceased estates which are intestate, or in circumstances where there is no Executor appointed, or the named Executor is unable or unwilling to act;
• acting as trustee for a minor or charitable trust;
• giving instruction in Court proceedings on behalf of people under the age of 18 and/or with a mental disability;
• acting as trustee when appointed by a Criminal Injuries Compensation Assessor to manage monies awarded as a result of criminal injuries compensation for people who are unable to manage the funds themselves;
• acting as trustee when appointed by the District Court to manage monies awarded as a result of personal injuries compensation for people who are unable to manage the funds themselves; and
• providing support and examining the accounts of private administrators appointed by the SAT to manage the financial matters of Represented Persons.

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1. Organisational capability

Staffing

From 1 July 2026, the Public Trustee will operate with a permanent staffing level of 228.7 Full Time Employees (FTEs) rising to 251.7 on 1 July 2027. This increase in staff (43 permanent employees over two years) is through a funding commitment by Government in the 2026/27 State Budget process recognising that the ratio of employees to clients needed to be addressed.

Appendix 1 lists the establishment of permanent FTEs as at 1 July 2026.

Organisational structure

The Trustee Services directorate is the largest area, followed by Legal Services with both performing frontline services.

[Trustee Services Director]
  -> [Trust Management]
  -> [Estates]
  -> [Private Administrator Support]

[Legal Services Principal Legal Officer]
  -> [Legal]
  -> [Wills]

[Business Services Director]
  -> [Financial Investments]
  -> [Taxation]
  -> [Investments and Realty]
  -> [Business Support]

[Corporate Support Director]
  -> [Finance]
  -> [Information Systems]
  -> [Human Resources]
  -> [Training and Development]
  -> [Risk, Business Continuity and Assurance]
  -> [Procurement and Contracts]

[Public Trustee]
  -> [Executive Officer]
  -> [Executive Officer (Boards)]
  -> [Communications Officer]
  -> [Audit and Risk Committee]

Operational Structure

The Public Trustee delivers services through four directorates and 15 business units.

1. Directorate: Trustee Services

Trust Management

Trust Managers act as trustee, manager, donee under an EPA, substitute trustee, or administrator for people who are unable to manage their own finances. Administering trusts may include setting up investment portfolios, collecting income, determining budgets and paying for a person’s accommodation and transport expenses.

As at 30 April 2026, the Public Trustee manages the financial estates of 8,887 clients, as compared with 8,407 clients as at 30 June 2025.

There were 1,277 new clients in the 10 months from 30 June 2025 to 30 April 2026 - 1,035 of which were appointments made by the SAT. This is compared with 1,431 appointments in the 12 months to 30 June 2025.

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Trust Management Team Structure

Trust Management consists of nine Trust teams under the supervision of the Trusts Business Manager. There are seven teams managing trust clients with dedicated caseloads, ensuring trust clients receive consistent services from their allocated trust manager. There are also specialised services provided within the trust structure for onboarding new clients, dealing with property transactions and insurance, thus ensuring time critical processes are managed efficiently and, in the client’s best interest.

Trust Management is structured to provide clients with a dedicated Trust Manager. Clients are allocated to Level 3, Level 4 or Level 5 Trust Managers according to their individual needs, and taking into account accommodation arrangements, asset value and overall complexity.

The Trust Management directorate is the largest Public Trustee business area with currently 92 permanent FTEs, increasing to 100 permanent FTEs from 1 July 2026.

The typical team structure consists of a Level 6 Senior Trust Manager supervising nine staff members: two Level 5 Trust Managers, two Level 4 Trust Managers, three Level 3 Trust Managers, one Level 4 Relieving Officer and one Level 2 Trust Officer.

Teams vary slightly in the number of each Trust Manager level. This caseload model ensures each Trust Manager is familiar with all allocated clients and has a comprehensive understanding of their individual needs. Clients receive a consistent service experience, with their Trust Manager responsible for all aspects of administration and serving as the primary point of contact.

Relieving Officers are a critical component of each team. These officers are not assigned a permanent caseload. Instead, they manage client matters during periods of leave or absence of the primary Trust Manager. This arrangement ensures service continuity and always maintains a single point of contact for clients.

The recruitment process for new Trust Managers commences with the onboarding of Level 2 trust officers. A new trust officer undertakes a compulsory in-house eight-week training program to develop knowledge in the Management Accounting and Trust Environment (MATE) computer system, and in the policies and procedures associated with Trust Management. Training is both classroom-based and on-the-job.

An experienced Trust Manager then mentors the trainee to assist with understanding the role of a Trust Officer. Training involves opening client files in MATE, gathering financial information, processing of receipts and payments, reconciling statement of accounts, answering telephone enquiries, applying book-keeping skills and drafting correspondence.

The officers progress to Level 3 Trust Managers once they have gained the necessary skills to manage a client caseload. Level 3 Trust Managers are responsible for the administration of the financial matters of Represented Persons (with an estate valued at less than $200,000), and court trusts, agencies, and other trusts with medium complexity. The position provides assistance and advice to develop effective solutions to enquiries by clients, departments and external agencies in relation to a range of

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matters affecting the administration of the financial matters of Represented Persons and management of trusts.

Level 4 Trust Managers are responsible for the administration of the financial matters of Represented Persons (with an estate valued at $200,001 to $750,000 and/or one residential property), and court trusts, agencies, and other trusts with medium complexity. The position provides assistance and advice to develop effective solutions to enquiries by clients, departments and external agencies in relation to a range of matters affecting the administration of the financial matters of Represented Persons and management of trusts.

Level 5 Trust Managers are responsible for the administration of the financial matters of Represented Persons (with an estate valued at more than $750,000 and/or one residential property valued at more than $1,200,000 or more than one property), and court trusts, agencies, and other trusts of medium to high complexity. The position provides assistance and advice to develop effective solutions to enquiries by clients, departments and external agencies in relation to a range of matters affecting the administration of financial matters of Represented Persons and management of trusts.

Level 6 Senior Trust Managers manage a team of Trust Managers and provide advice, make recommendations and exercise authority for operational decision making in accordance with the delegation framework authorised by the Public Trustee. Senior Trust Managers are responsible for an establishment review of every new client allocated to their team within 8-12 weeks of allocation. Senior Trust Managers also perform annual reviews of all Level 5 clients and 10% of both Level 3 and 4 clients. They approve referrals to the legal directorate should any legal issues arise when managing the client’s matters.

In addition to the seven Trust teams, there are two specialised teams within the Trust Management directorate:

i. Client Establishment Team

This team is responsible for opening new client files, documenting the client’s background and relationships with third parties, and managing urgent matters prior to allocation to a Trust Manager.

These functions are performed by three experienced Level 3 officers who have transitioned from full caseload management roles. Their expertise is essential to ensuring the accuracy and quality of new trust files, and the timely management of urgent issues. The primary responsibility of these officers is to identify and address time-sensitive matters for newly appointed clients. This includes initiating Level 3, 4 and 5 files, engaging with existing service providers, identifying client assets, securing properties through caveats, and ensuring assets are protected and insured.

File opening is expected to commence within 48 hours of receiving a new SAT allocation and to be completed within 72 hours. The current volume of appointments of the Public Trustee places considerable pressure on officers to meet these timeframes.

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In addition to their establishment duties, each officer manages a caseload of approximately 15 clients where the Public Trustee is appointed under the emergency provision pursuant to s 65 of the GA Act. These are matters where it appears to the SAT that a person may be a person for whom an administration order should be made, and it is necessary to make an emergency order for the protection of that person’s estate while the SAT determines if in fact an order should be made.

These emergency orders are typically administered by the Public Trustee for periods ranging from three to twelve months. The focus of these matters is the immediate protection and preservation of client assets. Consistent with the Office of the Public Advocate’s practice, all s 65 matters are allocated to senior officers due to their critical nature. Many times, these matters need to be referred to the legal directorate for urgent advice and action. The Public Trustee notes that s 65 orders are becoming more frequent, and the duration of the orders longer.

The team also includes two Trust Managers responsible for court trust clients under the age of 18, as well as court trust clients who are adults but who the Court deems incapable of managing their settlement monies. The Level 3 Trust Manager manages 852 clients who have a trust of less than $100,000 and the Level 4 Trust Manager manages 339 clients with greater than $100,000 in assets and a property. These clients generally require a lower level of interaction with the agency.

Two Property Managers within the team are responsible for preparing clients’ real estate property for renting or listing for sale, ensuring timely processing and maximising market value. The team currently manages 85 client properties. The team also has one Level 5 Trust Manager and one Level 4 Relieving Officer performing the same role as the standard level officers.

ii. Insurance, Investigations and Client Services Team

This team is responsible for ensuring that all client assets are appropriately insured at all times. The Investigations Officer provides a forensic accounting and investigative service to the Trust Management team when allegations or indicators of misappropriation or impropriety arise in relation to private administrators. As at 30 April 2026 there are 99 investigations underway.

The Trust Client Service Officers deliver professional telephone support to clients through a high-volume contact centre. This team also provides Trust Managers with broad administrative assistance.

There are two Level 5 Trust Managers and one Level 3 Trust Manager performing the same role as the standard Trust Manager.

Trust Manager Caseloads

Appendix 1 lists the number of clients that each Trust Manager manages.

In April 2026, the Public Trustee established a ninth Trust Management team to redistribute client files and move toward optimal caseload levels. While this resulted in some rebalancing, continued growth in client numbers has led to increased caseloads for Level 3 Trust Managers and only marginal reductions for other levels. All Trust

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Manager caseloads remain above optimal levels, with Level 3 caseloads continuing to rise despite the creation of additional positions.

The recent budget submission quantified the numbers of Trust Managers needed for an optimal case load to provide high quality service to the clients. The number of files each Trust Manager had at 30 April 2026 is greater than the optimum case load level and overtime is being used to address the shortfall.

It is anticipated that once optimum staff levels are achieved and the new Trust Managers are adequately trained to manage caseloads, the overtime levels will gradually decrease.

Trust Finalisation matters

Within the Estates business area there are three Trust Finalisation Managers responsible for the finalisation of the matters of deceased Trust Management clients.

This role includes notifying stakeholders of the death of the client, locating and communicating with the Executor of the Will (if there is one) or the next of kin when the client died without a Will, and distributing the balance of funds held in the trust to the deceased’s legal personal representative or the beneficiaries of the estate if it is decided the estate can be administered informally.

As at 30 April 2026, there are 1,027 (933 as at 30 June 2025) deceased Represented Persons being managed by the Trust Finalisation Managers.

Appointments by the Supreme Court and the Family Court

Over the past few years, there has been an increased demand for and appointment of the Public Trustee to act as next friend or guardian ad litem in Supreme Court proceedings, and as case guardian in Family Court proceedings.

These appointments are not SAT appointments. Rather they are appointments made where a party to proceedings has, during the proceedings, lost capacity and no other person is considered suitable to act or consents to act for that party.

A request for the Public Trustee to act is either made by another party’s lawyer or made by the relevant Court. In almost all these cases, the proceedings are complex and have been ongoing for many years. It is difficult for the Public Trustee to refuse to act in these matters when the Court has requested that we step in. These matters are referred by the trust management team to the legal directorate. Given proceedings are already on foot, the lawyer assigned to these matters will have to dedicate time to familiarising themselves with the matter in a short space of time.

Estates

Estate Managers administer deceased estates where the Public Trustee is appointed as Executor and estates where beneficiaries have authorised the Public Trustee to act. The Public Trustee also administers assets frozen or confiscated by the Director of Public Prosecutions, estates where the Supreme Court has appointed the Public Trustee, and some estates where a person has died intestate (without a Will). Estate Managers also manage testamentary trusts.

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1. Organisational capability

In the 10 months to 30 April 2026, Estates has received 116 referrals for funerals for persons who died leaving no family or friends willing or able to make funeral arrangements. The Government currently funds any shortfall from the deceased’s funds to enable the Public Trustee to arrange for the funeral of a deceased person in a dignified way. The Public Trustee considers any wishes of a deceased person, including culturally appropriate wishes.

Private Administrator Support (PAS)

This team examines the accounts submitted by private administrators pursuant to s 80 of the GA Act; supports private administrators to understand their role and responsibilities; provides technical advice regarding the preparation of annual accounts required to be submitted under s 80 of the GA Act; and provides information seminars to support private administrators. Three of these sessions have been conducted since 30 June 2025. For a more detailed description of the PAS team’s role, refer to page 42.

As at 30 April 2026, there were 6,585 SAT-appointed private administrators who are responsible for submitting annual accounts for examination. 1,336 new private administrators have been appointed since 30 June 2025.

During the 10 months to 30 April 2026, the PAS team examined 1,215 accounts and lodged 52 review applications at the SAT where the PAS team had concerns about the private administrator’s accounts, and the management of the Represented Person’s financial matters.

The PAS team consists of 14 permanent FTEs:

• One Level 6 Manager;
• One Level 1 Administration Officer who is responsible for those private administrators who are exempt from lodging annual accounts;
• Eight Level 3 PAS Officers who examine the financial accounts of a low to medium complexity (typically to the value of $750,000, comprising of bank accounts, realty and investment portfolios);
• Two Level 4 PAS Officers who examine the financial accounts of a medium to high complexity (typically between the values up to $1.25M, comprising of bank accounts, realty and investment portfolios); and
• Two Level 5 PAS Officers who examine the financial accounts of a high complexity (typically greater than $1.25M, comprising of bank accounts, realty and multiple investment portfolios, superannuation including self-managed superannuation funds, family trusts, companies, farming entities and shareholdings).

Private Administrator Support Examination Caseloads

Appendix 1 lists the number of clients that each PAS team member examines and supports.

2. Directorate: Legal Services

Legal

In-house lawyers provide legal services including commercial, debt recovery, family law, personal injuries, and probate so the Public Trustee can perform its duties as

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trustee, administrator, attorney and Executor. They often conduct their own litigation, appearing in the courts and the SAT. Legal work is also outsourced to legal firms where appropriate.

Most matters referred to the legal directorate relate to legal issues concerning Represented Persons. They include recovery of misappropriated assets, compensation (including Criminal Injuries Compensation, motor vehicle claims, personal injury claims, National Redress claims), child protection matters, Family Court property matters, Family Provision Act 1972 claims, commercial advice and Will/estate disputes involving Represented Persons.

The directorate consists of the Principal Legal Officer, four Senior Legal Officers and Legal Officers. The Principal Legal Officer’s role is to provide corporate advice to the Public Trustee on the operations of the office, as well as managing the legal directorate. The Senior Legal Officers take on the more complex matters as well as managing the Legal Officers.

The legal directorate currently has a total permanent FTE of 28.5 that will increase to 31.5 permanent FTEs on 1 July 2027 as a result of the funding commitment by the Government in the 2026/2027 budget. 18.5 permanent FTEs are currently allocated for lawyers and the remaining FTEs consist of administrative/support staff.

As at 30 April 2026, the directorate had 959 active legal matters involving trust management clients. From 1 July 2025 to 30 April 2026, 466 new matters were referred to the directorate from the trust management directorate.

Wills

Lawyers also provide Will-drafting services to those who appoint the Public Trustee as Executor/substitute Executor of their Will by appointment at the Perth CBD office, telephone appointments for people in regional areas, and a visiting Will service to those confined to a home/care facility due to infirmity.

3. Directorate: Business Services

Investments and Realty

This team is responsible for the management of the investments and realty transactions of clients, including superannuation. The team reviews the investment needs of the individual clients and establishes, maintains and monitors their investment portfolios.

The team also manages the investments of the Public Trustee Common Account and the Public Trustee Investment Funds and manages all aspects of trust and estate client realty sales and purchases from the initial appraisal to settlement. The team consists of the Manager Financial Investments, a Senior Investment and Realty Officer, and three Investment Officers.

Taxation Services

This team prepares, reviews and lodges income tax returns for clients.

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Business Support

This team processes clients’ payments and receipts, manages the WA Will Bank, is responsible for records administration and the digitisation and distribution of mail, and coordinates Freedom of Information applications and registry searches for client properties.

4. Directorate: Corporate Support

Finance

This team manages the Public Trustee’s bank account and is responsible for operational and Common Account payments and receipts; provides financial data (including monthly operational reports and expenditure forecasts, quarterly key performance indicator analysis, budget analysis and budget statement preparation) to the Corporate Executive. It also manages financial models, reports on the sustainability of services, and conducts duties for money market investments.

Information Systems

This team maintains the day-to-day operational support of information technology systems, such as the core Management Accounting Trust Environment (MATE) application and manages delivery of key strategic IT projects.

Human Resources

The manager provides recruitment and employment advice to both management and staff; coordinates the Performance, Planning and Development system; prepares reports and provides advice on a broad range of HR matters; assists with workers’ compensation matters and performance management; and acts as the key contact with Department of Justice HR staff.

Training and Development

This team assesses training needs, and develops and delivers in-house training and induction programs, as well as coordinating external professional development enrolments, managing periodic reviews of Public Trustee policies and procedures and providing a range of other people-development initiatives.

Risk, Business Continuity and Assurance

The manager develops, implements, manages and reviews the Public Trustee’s operational risk and business continuity, coordinates the Public Trustee’s internal audit function and contributes to the development and maintenance of the Public Trustee’s governance frameworks and processes.

Procurement and Contracts

This team develops, coordinates and manages tenders and contracts for those where the costs of purchasing services are paid from funds held on behalf of Public Trustee clients, and those where the cost of purchasing goods and services for corporate needs are sourced from corporate funds.

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Part 2: Organisational culture of the Public Trustee and how it impacts delivery of services

KEY POINTS:

• The Public Trustee recognises and values its workforce and understands the pressures the growing demand for trust and personal financial administration services has on all its employees.
• Additional permanent FTEs in the 2026/27 budget will assist to address caseloads and boost staff morale.

Strong leadership plays a pivotal role in shaping organisational culture. The Public Trustee is led by a professional and dedicated Corporate Executive who communicate policy and expectations clearly to staff and set the strategic direction of the agency.

The Public Trustee is experiencing growing demand and increasing service complexity placing pressure on caseloads and service delivery. This increasing demand was recognised by the Government in the 2026/27 State Budget process with an additional 43 permanent FTEs being provided over two years aimed at addressing caseload pressures and improving service delivery. This is the largest increase in staffing numbers in the Public Trustee’s history, acknowledging that when positions are filled, this will enable frontline staff to better support critical client-based activities and other functions that are impacted by client growth.

The growth of the Public Trustee’s client base is primarily due to the increased appointments by the SAT of the Public Trustee as an administrator of last resort. The Public Trustee cannot refuse these appointments. The ratio of staff to clients has been inadequate which has affected staff morale, increased overtime and contributed to workforce fatigue. The recent Government decision to increase this ratio will positively influence employee engagement, on the job performance and productivity in delivering services to our clients.

When addressing the organisational culture of the Public Trustee and how this is impacting delivery of services to at-risk people, the organisation has a clear five-year strategic direction which has shaped agreed goals and actions.

Strategic Plan

The Public Trustee Strategic Plan 2022-2027 (Appendix Two) outlines four strategic priorities for the Public Trustee, namely:

• Our clients
• Our people
• Our business
• Governance and Risk

Each of these priorities has several strategies and measures of success for the Public Trustee to work towards under our guiding principle of ‘People First’. Our agency aims to achieve excellent and accessible services, a trusted reputation, prudent financial management, effective work practices, and a capable workforce.

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Values Statement

The organisational culture of the Public Trustee is further defined in the Public Trustee’s values statement:

i. Client-focused services

• We are focused on enhancing the quality of life for our diverse clients with varied needs.
• We deliver valuable services that are relevant, responsive, accessible, accurate and fair through good understanding and effective communication and relationships.

ii. Integrity and accountability

• We are consistent, open-minded, honest, impartial and ethical in our interactions and decisions.
• We take responsibility for our behaviours, which are governed by the legal system, agreed standards and codes, and enabling policies and procedures.

iii. Equity and fairness

• We respect diversity and may have to be flexible in working with our staff, the community and client groups differently to reach fair outcomes.
• We always treat people with respect, courtesy and sensitivity and recognise their legal and human rights, interests, safety and welfare.

iv. Collaboration and learning

• Our people take pride in their work and we value their contribution.
• We recognise the knowledge, skills and capability of our people and teams, and we review and support their ongoing learning, development and career aspirations.

v. Professional autonomy

• We respect and nurture differing professional attributes and support our people to provide objective, flexible, prudent, ethical, professional advice and support to our clients, stakeholders and community to achieve our purpose.

Employer Initiatives

In addition to the Strategic Plan, the Public Trustee also has several initiatives which specifically target employee attraction, retention and wellbeing.

• Recruitment and Induction

The Public Trustee aspires to be an employer of choice. In our recruitment process for Trust Officers at the foundational level, we hold mandatory information sessions as part of our recruitment strategy. These sessions include an overview of “the day in the life of a Trust Manager” which outlines the workload and profile of clients they will deal with — those with dementia, mental illness, acquired brain injuries and substance abuse.

This provides prospective Trust Officers with an opportunity to understand the work environment and challenges they may face daily. As part of the induction and eight-week training for Trust Officers, they are partnered with a Senior Trust Manager who volunteers their time in addition to their existing workload to help guide and mentor these officers in on-the-job training.

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• Integrity

The Public Trustee has strict pre-employment and re-screening assessments for prospective and current employees, as well as contractors, as mandated by the Department of Justice. The Public Trustee adheres to the Department of Justice’s Integrity Framework 2024-2027 in which all employees are responsible for promoting, modelling and engaging in integrity-based behaviour.

The Department of Justice also has mandatory iLearn courses which must be completed by all employees, including Accountable and Ethical Decision Making, and the Public Trustee also has a specific Fraud Awareness Course — all of which aim to positively influence and promote a culture around integrity. Staff must also abide by the Department of Justice’s Code of Conduct and the Public Sector Commission’s Code of Ethics.

• Work Health and Safety (WHS) Committee

The Public Trustee has an active WHS Committee which meets quarterly. It has a membership of duly elected WHS representatives and management representatives and has a standing agenda item on psychosocial hazards providing Committee members (representing the employees) with the opportunity to raise matters of concern.

• Staff Training Program

This supports the guiding principle of ‘People First’, the Public Trustee Value of Collaboration and Learning, and Strategic Priority 2 — Our People. The annual training program is developed in consultation with business managers to target those areas of professional development need.

The program also includes a variety of in-house professional development courses facilitated by external training providers tailored to business needs as well as several external training courses. The agency also facilitates Continuous Professional Development training for roles such as the Chief Finance Officer, Legal Officers and Taxation Officers.

• Flexible Working Arrangements

The Public Trustee offers flexible hours arrangements for most positions in accordance with the Public Sector CSA Agreement 2024, flexible work options where operationally practicable such as part-time, and working from home (up to two days per week) where it can be operationally accommodated. The agency also observes a Christmas close-down in consultation with the relevant union delegates for a short break during the festive season.

• Personal Professional Development

This is a discussion between a manager and employee around building an employee’s capability and developing their career within the agency. These discussions provide an opportunity to review and recognise an employee’s achievements and explore their personal and professional development — aligned to the business planning requirements of the employee’s role and that of the Public Trustee.

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• Peer Support Program

Our peer supporters are fully trained volunteers who are available to listen to staff concerns, offer practical support and helpful information, and guide a person in problem-solving and decision-making.

• Mentoring Program

This initiative supports personal and professional development across the agency. Mentees gain guidance and insights into career pathways and the public sector, while mentors share knowledge, build leadership capability and make a visible contribution to the Public Trustee’s culture.

• Recognition of Service

The Public Trustee recognises long serving employees. Recently we recognised an employee who had attained 50 years of service at the Public Trustee — a significant milestone and which is reflective of a growing number of employees who have remained at the Public Trustee for 20 years and longer.

• Communication

On a monthly basis the Public Trustee publishes an eBulletin to all staff, the contents of which include a message from the Public Trustee, audit compliance information, compliments received from clients, upcoming events of interest, training events and wellness at work initiatives, and reference to the Employee Assistance Program which is available to support an employee in time of need.

• Study Assistance Program

Study assistance provides employees with equal access to study assistance to encourage and support a learning environment for the mutual benefit of both the employee and employer. Access to this program is by application and may be in the form of leave and/or financial assistance (capped). The provisions of the Public Sector CSA Agreement 2024 apply as does internal operational Public Trustee Study Assistance Guidelines and Procedures.

• Trust Monthly Training

The employee development team has introduced a series of monthly trust training sessions. The sessions are presented by Trust Managers who speak on topics that are of interest to the trust management team. Such topics have included Family Provision Act 1972 claims, legal topics including Landgate instruments, and interacting with the Office of the Public Advocate. This ensures that staff remain contemporary in undertaking their duties.

The Public Trustee takes a holistic and people-centred approach in considering organisational culture. The agency has been proactive in requesting additional resources through the Government budget processes which have had some degree of success with the latest allocation being the largest received so far in the Public Trustee’s history and will provide much needed relief to employees and enable service delivery to clients to improve.

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3. Complaints mechanisms

Part 3: Adequacy of mechanisms in place to resolve complaints, disputes and allegations

KEY POINTS:

• The Public Trustee’s system for managing feedback is considered to be adequate when benchmarked against the applicable Australian Standard and as evidenced by independent audits.
• Complainants or those dissatisfied with the Public Trustee’s response to their complaint/dispute/allegations are provided with further avenues in which to refer their concerns.
• A very small minority of complainants will never be satisfied with the Public Trustee’s appointment or response to their complaint and can be classified as ‘unreasonable complainant conduct’.

An adequate complaints management system is considered to be a structured, client-focused approach that resolves issues efficiently, ensures accountability, and drives continuous improvement.

According to the Australian Standard AS/NZS 10002:2022 Guidelines for complaint management in organizations, an effective system must be accessible, transparent and objective, and summarised by six core principles: respectful treatment, accessibility, communication, ownership, timeliness, and transparency.

System in use

Prior to 1 July 2025 the Public Trustee used the Department of Justice’s (the Department’s) Customer Feedback Management System (CFMS) where feedback was recorded on the Department’s website.

Upon nearing finalisation of the Department’s CFMS Modernisation Project, the Public Trustee applied for approval for its feedback to be managed independently of the Department’s system due to restrictions on the submission response information that was required in the Department’s system.

The restrictions are imposed by s 113(1) of the Guardianship and Administration Act 1990 (confidentiality provision) and s 47(3) of the Public Trustee Act 1941 (secrecy provision).

From 1 July 2025 feedback relating to the Public Trustee is managed via the Public Trustee’s own system, which is based on the Department’s system, and feedback is recorded on Public Trustee Feedback which is accessible from the Public Trustee’s website in three places, and from the Department’s website.

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3. Complaints mechanisms

Policy/procedure in use

The Public Trustee has its own Client Feedback (Complaints, Compliments, Suggestions) Policy/Procedure that is based on the Department’s Customer Feedback Policy; guided by the Australian Standard AS/NZS 10002:2022; and incorporates references to the Ombudsman of Western Australia’s Ombudsman Complaints Management Guidelines and Ombudsman Managing Unreasonable Complainant Conduct.

The feedback policy/procedure was last updated on 1 July 2025 to incorporate the changes relating to the feedback reporting system (from the Department’s to the Public Trustee’s).

The Client Feedback Policy/Procedure records the feedback process for the systematic management, and monitoring and reporting of complaints, compliments and suggestions made by Public Trustee clients, their families, supports or members of the public, using the using the online Public Trustee Client Feedback Management System (CFMS) reporting system, and provides the Public Trustee with opportunities to improve service in all areas by:

• encouraging timely and satisfactory resolution of problems and concerns;
• identifying areas that need business improvements;
• providing opportunities to enhance support for and perceptions of the Public Trustee; and
• assisting in planning and in the allocation of resources.

Reporting

Prior to 1 July 2025 the Public Trustee’s quarterly results for feedback were included in the Department’s quarterly report to the Department’s Corporate Executive Committee. Since 1 July 2025, a quarterly report has been submitted to the Public Trustee’s Corporate Executive Committee and the Public Trustee’s Audit and Risk Committee.

Previous audits

From the OAG Report 14, 18 September 2013 Public Trustee Administration of the Financial Affairs of Vulnerable People:

“We found the PT’s complaints management processes were sound. It is guided by clear policies and dedicated software systems which ensure a response within a specific timeframe. Complaints can be made online through the Department of the Attorney General’s website, directly to the trust manager or in writing to the PT. … Audit testing found all complaints were resolved, as far as practicable, within the prescribed timeframe.”

From the OAG Report, 15 30 June 2016 Management of Feedback From Public Trustee Represented Persons:

“Overall, the PT is satisfactorily collecting, managing and using information from complaints and client satisfaction surveys to improve services to represented persons. The number of complaints the PT receives from Represented Persons is small. The complaints we reviewed showed that the PT provided the complainants with timely and informed explanations in its responses.”

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3. Complaints mechanisms

Core Principles of an Adequate System

These can best be categorised as:

i. Visibility & Accessibility

• Information on how to complain is readily available on the Public Trustee and the Department websites, and feedback can also be provided in writing (email, letter, fax, the Department’s Customer Feedback Form); by phone; or in person.
• To simplify the feedback process for a person, staff provide information on lodging feedback online.

ii. Responsiveness & Timeliness

• Complaints are automatically acknowledged when feedback is registered on the Public Trustee’s system and resolved or responded to within the set, communicated timeframe of 10 business days.
• Very occasionally, a complaint is so complex in its nature eg a review of the administration of many years is required that the communicated timeframe is 20 days and complainants are advised of this and provided with an interim response after 10 business days.

iii. Objectivity & Fairness

• Complaints are dealt with in an unbiased manner, and procedural fairness is applied by:
  • respecting a person’s rights to provide feedback (including suppliers, stakeholders and interested parties);
  • treating clients with tact, courtesy and fairness at all times prior to, during and after the feedback procedure, including listening to the client, making them feel understood and respected, offering an apology where appropriate and responding/taking action promptly;
  • applying the guidelines of substantive equity and not discriminating against the client because of any disability, race, religion, age, sex or sexual orientation;
  • ensuring confidentiality;
  • providing assistance to any person who finds it difficult, for whatever reason, to provide feedback; and
  • providing an explanation or information on the process for handling feedback.

iv. Ownership & Training

• Staff are trained to take ownership of complaints, with clear accountability, ensuring complaints are handled consistently.

v. Transparency & Data Analysis

• The Public Trustee’s feedback system records and analyses data to identify systemic issues and trends.
• The Public Trustee’s Corporate Executive Committee and the Public Trustee’s Audit Risk Management Committee are provided with quarterly reports, and the results are included in the Public Trustee’s annual reports.
• Future annual reports will include early resolution data at the request of the Public Trustee’s Audit Risk Management Committee.

vi. Continuous Improvement

• The Public Trustee uses its feedback process to improve services and prevent future issues through:

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3. Complaints mechanisms

• changing decisions where a previous decision can be improved upon eg increasing allowances after a budget has been recast;
• providing fuller and more complete explanations for decisions made;
• providing complainants with further avenues to contest a Public Trustee decision or action;
• monitoring its policies and procedures to update for improvement; and
• providing staff with training where issues are identified.

Key Components of an Effective System

i. Documented Procedures

• The Public Trustee has a clear, written policy which defines what constitutes a complaint and how it will be managed.

ii. Electronic Tracking

• The Public Trustee uses a centralised system to log, track, and report on complaint data for analysis.

iii. Tiered Escalation

• The Public Trustee’s system provides opportunities for internal review, allowing a complaint to be reviewed by someone not involved in the original decision.

iv. Integration

• The Public Trustee’s complaint system is embedded within the overall corporate structure and supported by senior management with complaints unable to be resolved referred to the relevant manager, Director and the Public Trustee for oversight, approval and signing.

v. Resourcing

• The Public Trustee has two dedicated positions who triage complaints, review matters raised and refer to a senior manager for review and response whilst tracking the timeliness of responses and ensuring that responses are provided within the stipulated response times.

Early Resolution via Trust Managers

Trust Managers can receive hundreds of calls and emails each week from clients, their family members, supports eg NDIS carers, and other agencies involved in the care of mutual clients. If the client or person expresses dissatisfaction ie makes an informal complaint, a Trust Manager can deal with the matter of concern as part of their ‘business as usual’ and resolve it as they have delegated authority to do so.

Early resolution informal complaints (ie complaints resolved/responded to within 24 hours) and responses are filed on a client’s individual MATE computer record — which is the Public Trustee’s computer system for recording a client’s file including correspondence, approvals, payments, transactions, notes etc.

Where an informal complaint can be resolved within 24 hours of receipt it does not require registering on the PT CFMS in line with DoJ policy that “Complaints resolved immediately that are deemed as low risk to the Department do not need to be recorded in the CFMS.”

If a client or person is dissatisfied with a Trust Manager’s decision/ response to their informal complaint, they are advised to make a formal complaint so that the matter can be reviewed by a senior manager, or a Trust Manager will forward the complaint on the client/person’s behalf for registering on the PT CFMS and review by a senior manager.

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3. Complaints mechanisms

In 2024/25 most of all feedback was still received by the Public Trustee via email (70%), rather than clients/people using the DoJ CFMS portal (20%). These emails were referred by staff for recording on the DoJ CFMS — which is an indication that staff follow the client feedback policy/procedure. If in the course of their work staff cannot resolve the complaint/issues raised, they refer for recording on the CFMS and direction/assistance from senior staff.

Further avenues for complaints

A complaint is considered resolved when the complainant is provided with the outcome that they seek or, if that outcome cannot be provided, an explanation of why the outcome they seek cannot be approved/enacted. The date of resolution is when the response is provided to the complainant.

The decision can be made by the Public Trustee, the Principal Legal Officer, a Director, a Business Manager, a Senior Manager, the Executive Officer or the Feedback Manager — depending on the nature of the request and at what level approval needs to be given.

If a person remains dissatisfied with the Public Trustee’s response to their formal complaint or its complaints management process, they are advised to:

• lodge a complaint with the Ombudsman of Western Australia;
• seek a review of the Public Trustee’s administration through an application to the SAT;
• seek their own independent legal advice; or
• provide their evidence to the Corruption and Crime Commission.

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4. Accessibility of information

Part 4: Accessibility of information, including whether the Public Trustee provides information to relevant individuals and organisations in a timely, fair and transparent manner

KEY POINTS:

• The Public Trustee’s ability to provide information is subject to consideration of three key pieces of legislation — the Guardianship and Administration Act 1990, the Public Trustee Act 1941 and the Freedom of Information Act 1992.
• Given the sensitive personal information of Represented Persons, the Public Trustee exercises a high degree of caution when considering if it can provide information to relevant individuals and organisations.
• Provision of information depends on who is requesting the information, the type of information requested, the reason for requesting the information and the purpose for which the information is to be used.

Guardianship and Administration Act 1990 (GA Act)

When acting as administrator for a Represented Person, the Public Trustee is bound by s 113(1) of the GA Act which says:

113. Confidentiality

(1) No person performing any function under this Act shall, whether directly or indirectly, divulge any personal information obtained in the course of duty relating to a represented person or person in respect of whom an application is made, other than information that he is authorised or required to divulge —

(a) in the course of duty: (b) by this Act or any other law: (c) with the consent of the person, if he is capable of giving consent; or (d) in other prescribed circumstances.

Penalty: $5 000.

Section 113(1) places limits on what guardians, administrators and other people performing functions under that Act can divulge to others. There are exceptions, such as if they are acting in the course of duty, the Represented Person consents (and is capable of consenting), or if the information cannot reasonably be expected to lead to the identification of any person to whom it relates.

In the case of CD [2020] WASAT 41 at paragraphs [35] to [37], the then President of the SAT Justice Pritchard, explained why there are such strict confidentiality requirements relating to Represented Persons:

“The nature and extent of these protections for information held by the Tribunal under the GA Act is not surprising. The jurisdiction of the Tribunal under the GA Act is one in which the Tribunal receives personal information of the most sensitive kind. The provisions of the GA Act relating to the confidentiality of that information reinforce two important policies. The first is the protection of the privacy of the persons involved in the proceedings before the Tribunal, and in particular, of the proposed represented person

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4. Accessibility of information

or the Represented Person (as the case may be). The second is the public interest in the integrity of the Tribunal’s processes, which relies on the ability to obtain sensitive information from a variety of sources.

One of the sources of information available to the Tribunal under the GA Act is the proposed represented person himself or herself. The views of the proposed represented person are one of the considerations to which the Tribunal is obliged to have regard, to the extent that it is possible to obtain those views. If the willingness of proposed represented persons to be frank with the Tribunal in hearings were to be eroded by a lack of confidence in the privacy of their sensitive personal and health information, that would compromise the integrity of the Tribunal’s processes.

Furthermore, medical professionals and service providers (such as social workers, or aged care workers) are regularly asked to provide their opinion in relation to matters relating to the Tribunal’s exercise of its functions under the GA Act, such as the capacity of a proposed represented person to make decisions relating to their personal care, or relating to their estate. The Tribunal’s ability to exercise its functions under the GA Act is dependent on the willingness of those persons to provide their opinions on such matters. There is no doubt that the candour with which those opinions are expressed, and the willingness of those persons to provide their opinions other than by compulsion, would be jeopardised if the confidentiality of such information was not able to be protected by the Tribunal.”

The SAT has noted the confidentiality provisions contain criminal sanctions which emphasises their seriousness and also notes criticism of such provisions {see NE [2023] WASAT 30 at paragraphs [89] and [107]}.

The Public Trustee notes that the Law Reform Commission of Western Australia’s review of the GA Act Project 114, was asked in the Terms of Reference 2(d) to:

“consider whether confidentiality requirements under the Act are sufficient to adequately balance the protection of the privacy of persons providing information or who are affected by or involved in a decision made pursuant to the Act, and the promotion of the principle of transparency”.

The Commission has made recommendations in Chapter 20 of its Final Report.

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4. Accessibility of information

Section 112 of the GA Act says:

112. Inspection of records

(1) A represented person, a person in respect of whom an application under this Act is made or a person representing any such person in any proceedings commenced under this Act is, unless the State Administrative Tribunal otherwise orders, entitled to inspect or otherwise have access to —

(a) any document or material lodged with or held by the Tribunal for the purposes of any application in respect of that person: (b) any accounts submitted under section 80 by the administrator of the estate of that person.

(2) Any other party to any proceedings commenced under this Act, or a person representing any such party, is, unless the State Administrative Tribunal otherwise orders, entitled to inspect or otherwise have access to any document or material lodged with or held by the Tribunal for the purpose of those proceedings, other than a document or material that is or contains a medical opinion not being an opinion concerning that party.

(3) Except as provided in this section, no person (not being a member of the State Administrative Tribunal or a member of staff of the Tribunal) shall, unless he is authorised to do so by order of the Tribunal, inspect or otherwise have access to a document or material lodged with or held by the Tribunal for the purposes of any application, or to any accounts submitted under section 80.

Penalty: $2 000 or imprisonment for 9 months.

(4) The State Administrative Tribunal may on the application of any person —

(a) by order, authorise any person, whether conditionally or unconditionally, to inspect or otherwise have access to any document or material lodged with or held by the Tribunal for the purposes of any application: and (b) make any other order contemplated by this section.

(5) An application under subsection (4) may be made ex parte or the State Administrative Tribunal may give directions as to the persons to whom notice of the application shall be given and who shall be entitled to be heard.

The Public Trustee has entered into a Protocol with the SAT covering documents and material lodged with the SAT for the purposes of proceedings under the GA Act. This Protocol sets out arrangements by which the SAT will provide the Public Trustee with copies of documents and materials held by the SAT. “Document” means anything in writing {see regulation 3 of the State Administrative Rules 2004} and “material” includes any information contained in video tapes, transcripts of hearings, CDs, DVDs, USB drives.

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4. Accessibility of information

In order to perform functions under the GA Act, the Public Trustee either requests documents and materials held by the SAT, or where the SAT thinks certain documents and materials may assist the Public Trustee, will initiate sending copies of documents and/or materials to the Public Trustee.

The Public Trustee will keep the SAT documents and materials confidential and is not permitted to disclose them except in accordance with s 113 of the GA Act and where it is necessary to do so. Documents and materials provided by the SAT to the Public Trustee remain the property of the SAT and should only be used by the Public Trustee for the purpose of SAT proceedings, or performing the duties as administrator, or for the Private Administrator Support team to examine accounts of a private administrator.

When SAT documents and materials are in the possession of the Public Trustee, it is its responsibility to ensure they are not released or viewed by any other person. The Public Trustee should advise any person who seeks access to SAT documents or materials, that they should apply to the SAT under s 112(4) of the GA Act.

If the Public Trustee receives an application under the Freedom of Information Act 1992 (FOI Act) for access to any SAT document and material, the Public Trustee should notify the Executive Officer of the SAT of that application and will either transfer the application under s 15 of the FOI Act or obtain the view of the SAT prior to disposition of the application.

Public Trustee Act 1941 (PT Act)

When providing information to relevant individuals and organisations, the Public Trustee must consider s 47 of the PT Act in conjunction with ss 112(3) and 113 of the GA Act.

Section 47 of the PT Act says:

47. Records and accounts to be kept

(1) The Public Trustee shall keep, or cause to be kept, an index listing all estates in course of administration by him, and shall keep, or cause to be kept, an account of all his receipts, payments, and dealings in every such estate.

(2) Upon an application in writing by or with the authority of any person interested in any such estate, the Public Trustee shall —

(a) permit the applicant or his solicitor or other authorised agent to inspect and take copies of any entry in any register relating to the estate, and (so far as the interest of the applicant is or may be affected thereby) of any account, notice, or other document in the custody of the Public Trustee: and (b) at the expense of the applicant, supply him or his solicitor or other authorised agent with a copy of any such entry, account, or document as aforesaid, or of any extract therefrom:

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4. Accessibility of information

(c) give to such applicant or his solicitor or other authorised agent such information respecting the estate and the trust property as is reasonably requested in the application and is within the power of the Public Trustee.

(3) Subject as aforesaid, the Public Trustee, his officers and agents, shall observe strict secrecy in respect of every trust or estate in course of administration by him.

Section 47 requires the Public Trustee to administer or have administered an estate. The word ‘estate’ is defined broadly in s 2 of the PT Act, as “any real or personal property under administration or held, managed, or controlled by the Public Trustee in any capacity whatsoever”. That includes, for instance, real or personal property that the Public Trustee controls, or has controlled, as administrator that the SAT appoints under ss 64 or 90 of the GA Act.

Section 47(2) also requires the applicant to be “interested in” the estate. If the Public Trustee is administrator under ss 64 or 90 of the GA Act, a Represented Person would be “interested in” the estate, but that does not necessarily mean that the Represented Person can gain access to the information or documents — access would depend on what type of information they are seeking and subject to ss 112 and 113 of the GA Act. The Public Trustee would also need to consider if any information or documents are subject to any orders by the SAT restricting their use.

Section 47(2) should be read subject to s 47(3) of the PT Act. Section 47(3) cannot be read literally to mean that the only exceptions to it is when the Public Trustee releases documents or information under s 47(2).

Nothing in the GA Act or the PT Act specifically addresses any such conflict between the PT Act and the GA Act where the Public Trustee is bound by the two acts and a request is made for information relating to a Represented Person. The GA Act was enacted after the PT Act. It is a well-recognised principle of statutory interpretation that an Act which deals with the same subject matter as an earlier Act, may amend the operation of the earlier Act, to the extent that the two Acts deal with the same subject matter, are in conflict. Sections 112 and 113 of the GA Act therefore generally override s 47(2) of the PT Act.

The Public Trustee takes the view that he may also be able to release documents and information in the following circumstances:

• i. Under s 46 of the PT Act, the Minister (or authorised officer) has the right to any of the “books, accounts, documents, and papers in the Public Trustee’s Office”, and to demand information from the Public Trustee.
• ii. Under s 54 of the PT Act, the Public Trustee can and should release Wills and other documents in various circumstances.
• iii. Under s 60 of the PT Act, the Public Trustee in various circumstances “may” produce or part with the documents “by his authority as and when he thinks proper in the conduct of the business of his office”.
• iv. Under one or more of the exceptions in s 113(1) of the GA Act.

The Public Trustee needs to divulge information to certain people at times in order to perform its statutory functions {see s 113(1)(a)}. For instance, the Public Trustee may have to release financial information to family members and

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4. Accessibility of information

other supporters of a person whose finances are being managing. The Public Trustee may need input into how it may best spend the available money. That might involve explaining how much money is available.

• v. Court proceedings

The Supreme Court has broad powers to order that things be produced, such as by discovery or subpoena, or information given.

Also, when conducting legal proceedings, the Public Trustee provides some information in the court papers.

• vi. In proceedings at the SAT

The SAT has broad powers to order that things be produced, or information given {see, for instance, ss 34(5) and 66(1)(b) of the State Administrative Tribunal Act 2004}. Also, when involved in such proceedings, the Public Trustee provides some information to the SAT, such as in its reports when administration orders are reviewed.

• vii. Other legislation

Some other persons or bodies have specific powers under legislation to force a person to provide information. For instance:

• Section 35 of the Auditor General Act 2006 gives the Auditor General or an authorised person full and free access, at all reasonable times, to all accounts, information, documents, systems and records that the Auditor General considers to be relevant to the audit. This Act applies to the Public Trustee {see s 48 of the PT Act}.
• Section 79 of the Financial Management Act 2006 gives the Treasurer the power to demand information relating to the financial management of an agency. This Act applies to the Public Trustee {see s 4 of that Act and s 48 of the PT Act}.
• The Ombudsman can conduct some investigations into the Public Trustee. When doing so, the Ombudsman has wide powers to demand documents and information from the Public Trustee {see s 20 of the Parliamentary Commissioner Act 1977}.
• Alleged misconduct by Public Trustee employees can (and, in some cases, must) be referred to the Corruption and Crime Commission, which has powers to obtain information {see Corruption, Crime and Misconduct Act 2003}.
• Parliamentary committees. The prohibition on the divulging of personal information under s 113 of the GA Act is subject to an exception where a person is authorised or required to divulge information in the course of duty. This would cover responding to the questions of a Parliamentary Committee. The Public Trustee will alert a Committee to the secrecy provision under the PT Act and the confidentiality provision under the GA Act. Section 8 of the Parliamentary Privileges Act 1891 and s 59 of the Criminal Code means that the Public Trustee is legally obliged to answer any relevant and lawful question put to it by a Committee.
• The Criminal Investigation Act 2006 gives the police wide powers to gather evidence. The Public Trustee is regularly served with orders to produce by the police which must be complied with, subject to some restrictions under s 6 of that Act.

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4. Accessibility of information

Freedom of Information Act 1992 (FOI Act)

Part 2 of the FOI Act gives people, in certain circumstances, the right to apply to access documents from the Public Trustee. Section 6(b) of the FOI Act says that Parts 2 and 4 of that Act do not apply to access to documents that are “available for inspection (whether for a fee or charge or not) under Part 5 or another enactment”.

Western Australia’s Information Commissioner has considered that there is a strong public interest in maintaining the privacy of individuals, unless there is a strong or compelling public interest in disclosure {see E and Department of Justice, Re [2026] WAICmr 1 (6 March 2026)}. If a request for information under the FOI Act relates to a Represented Person, the Public Trustee exercises a high degree of caution when considering release given the sensitive personal nature of such information.

Privacy and Responsible Information Sharing Act 2024 (PRIS Act)

From 1 July 2026 the PRIS Act will come into effect. It introduces provisions which aim to protect the personal information of Western Australians while also recognising the significant benefits of sharing Government data and information.

The Public Trustee is committed to protecting personal information and to treating personal information in accordance with the Information Privacy Principles outlined in the PRIS Act.

The agency only collects information it needs to help a client and to meet its obligations and does everything it can to keep personal information safe. The Public Trustee will have a Privacy Statement available on its website providing further information for anyone who wishes to view this information.

Other WA government agencies

The Public Trustee is a WA government agency. That fact is not a good enough reason, by itself, to give documents or information, about an estate, to another WA government agency. WA government agencies can and do take proceedings against each other.

The agency is regularly in litigation against the Department of Communities in relation to children who were in their care, and the Insurance Commission of Western Australia.

The State Solicitor’s Office and Legal Aid regularly act for parties against the Public Trustee.

The Public Trustee also cannot automatically obtain whatever information it likes from other government agencies. The agency generally needs to obtain information through the FOI Act if it wants information from government agencies, subject to any specific arrangements it makes with other departments.

For instance, the Public Trustee has entered into a Ministerial Consent with the Department of Communities for the provision of documents relating to National Redress claims for Represented Persons who were under the care of the Department. In addition, the SAT sometimes releases documents to the Public Trustee with restrictions on release to other parties.

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5. Outcomes experienced

Part 5: Outcomes experienced by Represented Persons and their families because of decisions made by the Public Trustee

KEY POINTS:

• Pursuant to s 70 of the Guardianship and Administration Act (GA Act), an administrator “shall act according to his opinion of the best interests of the represented person”.
• The Public Trustee rarely seeks to be appointed administrator of a Represented Person and in practice, the SAT would normally prefer to appoint a family member.
• The Public Trustee is usually appointed where there is family conflict, or no-one is willing and able to take on the role or, more increasingly, where there is an indication of financial abuse.

The purpose of the GA Act

The GA Act recognises that adults are presumed to be capable of managing their financial matters as well as capable of managing their person. But the GA Act also recognises there will be some adults with mental impairments who require protection from abuse and exploitation. When that occurs, the GA Act provides for the appointment of substitute decision-makers as opposed to supported decision-makers. The role of the substitute decision-maker is to make a decision, rather than supporting the Represented Person to make a decision.

In the case of Re Full Board of the Guardianship and Administration Board (2003) 27 WAR 475, Justice E M Heenan (representing the majority in the Full Court of the Supreme Court of WA) said (at pages 490 to 491) that the GA Act:

“… is designed for the protection of adult persons whose faculties may be impaired, for any reason, and who are therefore in need of protection and assistance so as to ensure that their financial matters and other welfare is not jeopardised by improvident, or ill-considered personal decisions or action, or by unscrupulous or ill-advised influence of relatives, friends and others who may deliberately or inadvertently exploit the vulnerability of the person in need of assistance and protection.

These ends can be achieved, when it comes to dealings with the property and financial matters of the person in need of assistance, by ensuring that any financial, property or commercial transactions which would, or might, jeopardise the financial security or interests of the disabled person, are only effective when performed by a properly appointed administrator and with the Board’s consent. The emphasis is on conserving the property and financial resources of the disabled person to ensure that they are available for his or her own needs, welfare and enjoyment and are not dissipated. These seem to be the primary objectives of the legislation and all the provisions of the Act can be seen to have meaning and effect as leading towards the achievement of those purposes. In the main, these will be accomplished by conserving the resources and property of the person under administration for use to his or her own advantage or, in cases where expenditure or imminent disposition of property are necessary or advantageous, by scrutinising the transaction to see that it is justifiable or provident having regard to all the circumstances, bearing always in mind the

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5. Outcomes experienced

continuing and future needs of the person whose estate is under administration.”

In making decisions for Represented Persons, the Public Advocate and the Public Trustee “shall act according to his opinion of the best interests of the represented person” {see ss 51(1) and 70(1) of the GA Act respectively}.

Office of the Public Advocate as guardian

Section 51 of the GA Act says:

51. Guardian to act in best interests of represented person

(1) Subject to any direction of the State Administrative Tribunal, a guardian must act according to the guardian’s opinion of the best interests of the represented person.

(2) Without limiting the generality of subsection (1), a guardian acts in the best interests of a represented person if the guardian acts as far as possible —

(a) as an advocate for the represented person; (b) in such a way as to encourage the represented person to live in the general community and participate as much as possible in the life of the community: (c) in such a way as to encourage and assist the represented person to become capable of caring for themself and of making reasonable judgments in respect of matters relating to their person: (d) in such a way as to protect the represented person from neglect, abuse or exploitation: (d) in such a way as to protect the represented person from neglect, abuse or exploitation; (e) in consultation with the represented person, taking into account, as far as possible, the wishes of that person as expressed, in whatever manner, or as gathered from the person’s previous actions: (f) in the manner that is least restrictive of the rights, while consistent with the proper protection, of the represented person: (g) in such a way as to maintain any supportive relationships the represented person has: and (h) in such a way as to maintain the represented person’s familiar cultural, linguistic and religious environment.

(2A) Without limiting the generality of subsection (1), a guardian acts in the best interests of a represented person in making a research decision in relation to the represented person if the guardian acts in accordance with sections 110ZR and 110ZT.

(3) Nothing in subsection (2)(a) is to be read as authorising a guardian to act contrary to the Legal Profession Uniform Law (WA).

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5. Outcomes experienced

Public Trustee as administrator

Section 70 of the GA Act says:

70. Administrator to act in best interests of represented person

(1) An administrator shall act according to his opinion of the best interests of the represented person.

(2) Without limiting the generality of subsection (1), an administrator acts in the best interests of a represented person if he acts as far as possible —

(a) as an advocate for the represented person in relation to the estate: (b) in such a way as to encourage the represented person to live in the general community and participate as much as possible in the life of the community: (c) in such a way as to encourage and assist the represented person to become capable of caring for himself and of making reasonable judgments in respect of matters relating to his person: (d) in such a way as to protect the represented person from financial neglect, abuse or exploitation: (e) in consultation with the represented person, taking into account, as far as possible, the wishes of that person as expressed, in whatever manner, or as gathered from the person’s previous actions: (f) in the manner that is least restrictive of the rights, while consistent with the proper protection, of the represented person: (g) in such a way as to maintain any supportive relationships the represented person has: and (h) in such a way as to maintain the represented person’s familiar cultural, linguistic and religious environment.

(3) Nothing in subsection (2)(a) shall be read as authorising an administrator to act contrary to the Legal Profession Uniform Law (WA).

(4) Nothing in subsection (2) shall be read as restricting the functions of an administrator at common law or under any written law.

The SAT summed up the “best interests” test in EP v AM (2006) 41 SR (WA) 176; [2006] WASAT 11 (at paragraph [117]):

“The [GAA] is essentially protective legislation designed for people whose faculties are impaired (Re Full Board of Guardianship & Administration Board (2003) 27 WAR 475). While it allows for a wide variety of orders of significant width {see Re LGW [2004] WAGAB 4}, the legislation should not generally be regarded as intending to supervise guardians or administrators in the exercise of their functions and responsibilities. Decisions made by guardians and administrators should be in the person’s “best interests” and while some guidance is given in the legislation it is fundamentally a process of judgment and discretion.”

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5. Outcomes experienced

As noted on page 9, the Public Trustee is also appointed by the Supreme Court or Family Court to act for people who have lost capacity during court proceedings. While the “best interests” test is not directly applicable to these matters, the Public Trustee also makes decisions for these people.

In many circumstances, the person objects to the appointment of the Public Trustee and incorrectly assumes the Public Trustee has been appointed their legal representative to provide them with free legal advice and simply act on their instructions. This is not the case.

When the Public Trustee is appointed in these types of matters, the Public Trustee is expected to make the decision for the person with respect to the proceedings. The Public Trustee will always seek to confer with the person and obtain their views as well as information, but ultimately, the Public Trustee must make decisions with respect to the proceedings.

In most cases the person is unhappy with the decisions made by the Public Trustee even if we consider we are making the correct decision. Sometimes family members may disagree with the Public Trustee’s decisions if it potentially impacts their potential inheritance upon that person’s death. The relevant Court ultimately has oversight with any decisions we make.

Outcomes experienced by Represented Persons

The Public Trustee acknowledges that the appointment of a government body may not always be welcome by the Represented Person or their family. At times, our appointment may place a Represented Person at odds with their families and the Public Trustee at odds with their families, especially those families who apply to be appointed and the Public Trustee is appointed instead.

One example is when a Represented Person is no longer able to live in their home (even with in-home supports) and needs to enter permanent aged care accommodation. This can cause the following issues:

• i. There could be an adult child acting as a carer for their parent which creates a conflict. If the parent goes into care, then it is likely that the family home needs to be sold to pay for their Residential Accommodation Deposit (RAD). If the house property is exempted due to having a ‘protected person’ in the home, then that exemption is only for two years (except for the instance of a spouse).
• ii. There may be a ‘life interest’ or ‘right to reside’ clause in the person’s Will relating to the family home. This is not uncommon in blended families. The interests of one side of the family may conflict with the other side of the family where the family home needs to be sold to fund a RAD.
• iii. The wishes of the Represented Person may be inconsistent with their best interests. For instance, a Represented Person may have always wanted the family home to go to their children, but those funds are necessary to fund their RAD. The sale of the house, to pay part of or all of a RAD, may defeat the intentions of the Represented Person’s wishes in their Will.

In many circumstances, the reason the Public Trustee is appointed is because family members are the very people who have financially exploited the Represented Person. The Represented Person’s mental disability means that in some cases, they are at-

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5. Outcomes experienced

risk and feel pressured by those family members who are exploiting them. There are times when a Represented Person does not wish for any action to be taken against family who have exploited them, even if it is in their best financial interests to do so.

Financial abuse occurs in many of the matters referred to our Legal directorate. The Public Trustee is often placed into complicated family situations where there is conflict, and we are required to unravel improvident financial transactions. This puts the Public Trustee at odds with the Represented Person and/or their family when the Public Trustee must make decisions in the Represented Person’s best interests.

Appendix 3 lists some of the actions and decision made by Trust Managers on any given day.

Appendix 4 provides details of a typical day’s appointments (Monday 16 June 2025 — the day after World Elder Abuse Awareness Day) where the Public Trustee was appointed for eight people, three of which were emergency orders, and the outcomes experienced by the represented persons for whom the Public Trustee acts.

National Redress Scheme

Since the inception of the National Redress Scheme, the Public Trustee Legal directorate has successfully applied for and received $5,334,317.03 for 67 Represented Persons. These Represented Persons suffered childhood sexual abuse and the Public Trustee lawyers worked with the Represented Persons, their families, carers and support workers, to achieve these outcomes.

Appendix 5 provides case studies of outcomes achieved by the Public Trustee’s Trust Managers.

Appendix 6 provides case studies of outcomes achieved by the Public Trustee’s lawyers.

Appendix 7 lets our clients, their families and supports tell in their own words that the outcomes achieved by the Public Trustee were appreciated.

Appendix 8 is an example of a media story that can best be considered as biased and unbalanced media reporting because journalists are only reporting ‘one side’ of the story — usually that of the family member who has a financial conflict of interest.

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6. Oversight mechanisms

Part 6: Whether current oversight mechanisms are adequate to ensure administrators are held accountable for their decisions

KEY POINTS:

• The Public Trustee considers the extensive oversight mechanisms it operates under are adequate to ensure accountability in its decision making.
• The Public Trustee has been through numerous internal and external audits over the last 13 years with no findings of fraud or malfeasance.
• Represented Persons and their families have multiple avenues to report their concerns about the Public Trustee’s decisions.

The Public Trustee has the following current oversight mechanisms when acting as administrator of a Represented Person and generally:

i. Financial Management Act 2006 (FM Act)

The Public Trustee is subject to the FM Act. Section 48 of the PT Act says:

48. Application of Financial Management Act 2006 and Auditor General Act 2006

The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Public Trustee and his operations.

Section 3 of the FM Act says, in part:

3. Terms used

In this Act, unless the contrary intention appears —

agency means a department, a sub-department or a statutory authority:

statutory authority means a person or body listed in Schedule 1:

One of the statutory authorities listed in Schedule 1 is the Public Trustee.

Section 61(1) of the FM Act says:

61. Annual reports, contents of etc.

(1) After the end of each financial year the accountable authority of an agency is to prepare an annual report that contains —

(a) financial statements for the financial year: and (b) unless otherwise directed in writing by the Treasurer, key performance indicators: and (c) a report on the operations of the agency during the financial year; and (d) any information prescribed by the Treasurer’s instructions; and (e) if applicable, the reports referred to in subsections (2) and (3): and (f) any other information required by a written direction given by the Minister.

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6. Oversight mechanisms

Under s 6B(3) of the PT Act, the annual report of the Public Trustee submitted to the Minister must include a report on the Public Trustee’s performance.

Under s 63(1) of the FM Act, the Public Trustee is required to submit to the Auditor General the financial statements and key performance indicators, and under s 63(2), required to submit to the Minister the annual report.

Under s 64 of the FM Act, copies of the annual report and the Auditor General report are to be laid before each House of Parliament by the Minister.

Section 79 of the FM Act gives the Treasurer the power to demand information relating to the financial management of an agency, including the Public Trustee.

ii. Auditor General Act 2006 (AG Act)

The Public Trustee is subject to the AG Act and has both internal and external auditors.

One purpose of the AG Act is “to provide for the independent external audit of the public sector and related entities” {see s 3(b)}.

Section 4(2) and 4(3) of the AG Act says:

(2) If this Act uses a term that is used in the Financial Management Act 2006, the term has the same meaning in this Act as it has in that Act unless the contrary intention appears in this Act.

(3) Without limiting subsection (2), in this Act —

accountable authority and agency have the meanings given to those terms in the Financial Management Act 2006 section 3:

subsidiary body, in relation to an agency, has the meaning given to that term in the Financial Management Act 2006 section 60(1).

Section 14 says that the “Auditor General is to audit the accounts of an agency at least once in respect of each financial year”, although that requirement can be dispensed with in certain circumstances.

Section 18 allows the Auditor General to conduct various examinations and investigations.

Section 24 requires the Auditor General to report to Parliament at least once a year.

Section 25 allows the Auditor General to report to Parliament on an examination or investigation that it has performed under s 18.

Section 29(1) says:

29. Auditor General may appoint person to audit

(1) The Auditor General may, in writing, appoint a public service officer or some other person, whether corporate or unincorporate, to carry out all or a part of an audit.

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6. Oversight mechanisms

Section 31 allows the Auditor General to delegate his powers [with some exceptions, including the powers under ss 24, 25 and 34(1)].

External audits may be physically done by an external accounting firm, contracted by the Office of the Auditor General. The Public Trustee’s present auditor is Ernst & Young.

Section 34(1) allows the Auditor General to give a written notice, directing a person to provide information, give evidence and produce documents.

Section 35(2) gives the Auditor General, or an authorised person, full and free access at all reasonable times to “all accounts, information, documents, systems and records that the Auditor General considers to be relevant to the audit”, and the power to make copies. There is a question whether this extends to documents protected by legal professional privilege.

iii. Audits

Over the past 13 years, in addition to the usual annual audit, the Auditor General has conducted the following audits of the Public Trustee:

• September 2013 — Report 14 - The Public Trustee: Administration of the Financial Affairs of Vulnerable People.
• June 2016 — Report 15 — (Narrow Scope Performance Audit) Management of Feedback from Public Trustee Represented Persons.
• August 2022 — Report 3 (Performance Audit) — Public Trustee’s Administration of Trusts and Deceased Estates.
• June 2024 — Report 22 (Forensic Audit) — Fraud Risks in the Management of Client Funds by the Public Trustee.
• June 2025 — Report 21 (Performance Audit) — 2025 Transparency Report — Major IT Projects (The Public Trustee’s MATE IT System was included and audited around cost and time).

Where findings or recommendations have been provided by the OAG, these have been acknowledged by the Public Trustee and actioned accordingly. There have been no instances of fraud or malfeasance found because of these audits.

OAG has also provided unqualified audit opinions for the Public Trustee’s financial statements and controls for 2022/23, 2023/24 and 2024/25.

The Public Trustee also has in place an Audit and Risk Committee which is independently chaired. This Committee is established under the authority of the Public Trustee as an advisory Committee to the Public Trustee. The Committee assists the Public Trustee in fulfilling its corporate governance and oversight responsibilities in relation to systems of risk and internal control, the entity’s process for monitoring compliance with laws and regulations, including the Department of Justice’s Code of Conduct, and external and internal audit. The Committee is not responsible for the management of these functions.

The Committee is also responsible for supporting, guiding and overseeing the activities of the internal audit function. The internal audit function is currently outsourced under a contract arrangement with 2020 Global. The purpose of the

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6. Oversight mechanisms

internal audit function is to provide independent, objective assurance and consulting services designed to add value and improve the Public Trustee’s operations. The mission of internal audit is to enhance and protect the Public Trustee’s value by providing risk-based and objective assurance, advice and insight. It supports the Public Trustee to accomplish its objectives by bringing a systematic, disciplined approach to evaluate and improve the effectiveness or risk management, control and governance processes.

Over the past three years, the internal auditors have undertaken the following audits:

• Estates
• Financial Management Review and Data Analytics (annually)
• Fraud and Corruption (every two years)
• Payroll
• Taxation
• Investment Management and Property Transactions
• Business Support Records Management
• Contract Formation and Management
• Private Administrator Support
• Wills Process
• Trust Management
• Corporate Governance

Findings or recommendations arising from internal audits are considered and appropriately actioned. No significant findings were identified in any of the internal audits.

iv. Oversight Committees

Further, the Public Trustee has several Committees which provide oversight on functions and activities, including:

• Interest Rate Committee — sets interest rates for the Common Account and reviews its performance.
• Investment Committee — provides guidance, direction and reviews the Public Trustee’s Investment Funds.
• Work Health and Safety Committee — promotes a safe and healthy working environment by proactively consulting on workplace health and safety matters.
• Contracts Committee — endorses the awarding of contracts, prior to them being approved by the Public Trustee, where the cost of purchasing services is paid from funds held on behalf of Public Trustee clients as well as corporate procurement activities. The Committee also oversees the governance and due diligence of all contracts, ensuring all aspects of the tendering process and the contract administration function meet applicable procurement rules, policies and frameworks.

v. Ministerial supervision and responsibility

While the Public Trustee is an independent statutory authority, s 46(1) of the PT Act gives the Minister, and authorised officers, the right to any of the “books, accounts, documents, and papers in the Public Trustee’s Office, and the Public Trustee shall at all times furnish to the Minister all such information as the Minister requires.”

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6. Oversight mechanisms

The PT Act gives the Minister some specific roles to:

• enter into a written agreement with the Public Trustee every 12 months {see s 6B};
• authorise some payments or deliveries to overseas {see s 16(1)(b)};
• approve the acquisition and/or construction of land and/or a building to provide office accommodation to the Public Trustee {see s 39A(3)};
• approve the terms, conditions and periods of accommodation in the Public Trustee Building for the Public Trustee and persons appointed under the PT Act {see s 39A(3)}:
• approve the tenants, terms, conditions and periods of tenancies in the Public Trustee Building {see s 39A(3)}:
• approve the Public Trustee leasing certain land {see s 40A};
• approve the Public Trustee “hypothecating” the Common Account {see s 41};
• approve a debit interest rate of more than 5% per annum {see s 44(4)};
• approve moneys being credited to a reserve {see s 44A}; and
• approve the Public Trustee retaining some unclaimed moneys {see s 45(1)}.

The Minister also has a more general role.

The Public Trustee is a body corporate and the holder of an office. Both are created by statute {see s 4 of the PT Act}. The officer bearer and his staff are unelected public servants.

The Minister is responsible for the Department that he administers and can be called to account if something goes wrong in that Department. The Minister may have to explain — inside Parliament, in some other public forum, or privately — what the Department has done.

If a person is unhappy with one of the Public Trustee’s decisions, that person has the right to complain to the Minister. Sometimes, this complaint is made directly to the Minister. At other times, it goes to another Member of Parliament and is passed on to the Minister.

Generally speaking, the Minister does not have the legal right to change a decision that the Public Trustee makes with respect to a particular client or estate. If, for instance, the Public Trustee sets a client’s allowance at $500 per fortnight, the Minister cannot make a legally binding order to change it to $600 per fortnight. The Minister normally does not get involved in legal proceedings that are before a court or tribunal.

Nonetheless, there are times when a complaint to the Minister could result in the Public Trustee changing its decision and/or changing policies and procedures going forward. It could result in the Public Trustee choosing to pay compensation to the person making the complaint. At the very least, it could force one or more people at higher levels at the Public Trustee to look at the issue in more detail.

vi. Annual Agreement

Section 6B(1) of the PT Act requires the Public Trustee to enter into a written agreement with the Minister for each 12 month period.

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6. Oversight mechanisms

Section 6B(1) says that the written agreement is in relation to matters prescribed by the regulations.

Section 6B(2) says that an agreement may provide for any or all of four specific matters.

Regulation 6 of the Public Trustee Regulations 1942 describes eight matters to be included in the written agreement. Four of those are the matters listed in s 6B(2).

The eight matters are:

• the determination of a scale of fees under s 38A(1) of the PT Act;
• the proportion of fees received by the Public Trustee to be credited to the Consolidated Account;
• the establishment of reserve funds;
• the moneys to be credited to reserve funds;
• the circumstances in which moneys may be transferred to or from a reserve fund;
• the uses to which moneys in a reserve fund may be put;
• the fixing of the rate or rates of Common Account interest; and
• the establishment and operation of strategic common accounts.

vii. Public Trustee Fees

Section 38A(1) of the PT Act requires the Public Trustee to “determine a scale of fees for a function performed, or a service provided, by the Public Trustee under the Act or any other written law.”

The Scale of Fees is determined following a process involving the Department of Justice, Treasury and the Minister. The Scale of Fees is published in the Gazette and then laid before each House of Parliament and it can be disallowed by either House. The Scale of Fees is also subject to scrutiny by the Joint Standing Committee on Delegated Legislation.

viii. Common Account and strategic common account

Section 39D of the PT Act says:

39D. Power to invest, and restrictions on investment of, Fund moneys

The Public Trustee may invest the moneys standing to the credit of a Fund but only —

(a) as trust funds may be invested under Part III of the Trustees Act 1962; and (b) in accordance with the Treasurer’s guidelines.

The word “Fund” means “the Common Account or a strategic common account”. The Public Trustee internally refers to the strategic common accounts as Public Trustee Investment Funds (PTIFs).

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6. Oversight mechanisms

The Treasurer’s guidelines can stipulate:

• how the Public Trustee can invest in a Fund (that is, the Common Account or a strategic common account) {see s 39D(b)}; and
• when the Public Trustee, when investing in a Fund, can delegate his functions {see s 40(3)}.

Unlike the Public Trustee’s Scale of Fees, these guidelines are not subsidiary legislation for the purposes of the Interpretation Act 1984. Parliament cannot disallow them.

The Public Trustee must therefore comply with Part III of the Trustees Act 1962 as well as the Treasurer’s guidelines.

ix. Treasurer approval to manage the Common Account or PTIFs

Under s 40 of the PT Act, the Treasurer must approve the terms and duration of any contract or arrangement between the Public Trustee and a person who manages the Common Account or a PTIF. The Treasurer must also approve the person. Currently, the Treasurer has approved a contract with Mercer Investments (Australia) Limited.

x. Deficiency in the Common Account

The Common Account is government guaranteed pursuant to s 42 of the PT Act. If there are insufficient funds “to meet the lawful claims thereon”, the Treasurer has to use the Consolidated Account (that is, the WA Government’s own funds) “to meet the deficiency”.

The WA Government does not guarantee a PTIF. If the Public Trustee is in some way liable for a loss in a PTIF (such as investing in a PTIF not authorised by the Treasurer and not a loss due to market fluctuations), the Public Trustee can either call on its indemnity reserve to pay or call on its insurer.

xi. Review of Public Trustee decisions

Some of the Public Trustee’s decisions are reviewable by the Ombudsman of Western Australia, who can make recommendations and report to Parliament pursuant to the Parliamentary Commissioner Act 1971 (PC Act).

The Ombudsman has wide powers to demand documents and information from the Public Trustee {see s 20 of the PC Act}.

xii. Independent statutory body

The Public Trustee is a statutory body that can make independent decisions. It does not have a special interest in a particular estate. A private administrator of a Represented Person may be a close family member who may end up benefiting personally from the Represented Person (for example by inheriting part of the Represented Person’s estate after death). Public Trustee employees do not have any personal stake in the estates that they administer. The chances of making decisions for personal gain are much reduced.

xiii. Internal procedures/policies

The Public Trustee has numerous internal checks and balances against fraud and bad decisions. Junior staff, for example, must refer certain matters to more senior staff.

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6. Oversight mechanisms

To assist with decision making at all levels, the Public Trustee has a suite of operational policies and procedures in place for staff to follow which are reviewed on a five-year cycle or when changes/updates are required. Delegations of Authority to perform the duties of a specific position are also in place and are subject to annual review.

Public Trustee staff are also subject to disclosures of Secondary Employment, Conflicts of Interest and Gifts and Benefits Declarations whilst performing their duties.

xiv. Corruption and Crime Commission

Alleged misconduct by Public Trustee staff can (and, in some cases, must) be referred to the Corruption and Crime Commission pursuant to the Corruption and Crime Commission Act 2003.

The Public Trustee works under the Department of Justice’s Integrity Framework which includes a Fraud and Corruption Control Plan 2023-2027. There is zero tolerance of fraud, corruption or misconduct. Legislation underpinning the Integrity Framework includes:

• Corruption, Crime and Misconduct Act 2003
• Public Sector Management Act 1994
• The Criminal Code
• Public Interest Disclosure Act 2003
• State Records Act 2000
• Financial Management Act 2006

The Integrity Framework outlines oversight, both internal and external. Western Australian oversight bodies that are integral to the Framework and have jurisdiction over the Department of Justice’s operations are the:

• Corruption and Crime Commission
• Public Sector Commission
• Office of the Auditor General
• Office of the Information Commissioner
• Office of the Inspector of Custodial Services
• Ombudsman WA

xv. Department of Justice

The Public Trustee is a division of the Department of Justice. The Public Trustee sits on the Department’s Senior Management Committee. Some decisions relating to the running of the Public Trustee are taken by the Department. For instance, the Director General is the employing authority for all Public Trustee staff.

xvi. How the Public Trustee pays for its errors

The Insurance Commission of Western Australia (ICWA) is the Public Trustee’s indemnity insurer, and the agency sometimes uses ICWA to discharge its corporate liability.

Section 6(c) of the Insurance Commission of Western Australia Act 1986 (ICWA Act) says that one of the Commission’s functions is “to manage and administer insurance and risk management arrangements on behalf of public authorities”. For the purposes of that Act, the Public Trustee is a “public authority” {see definition in s 3 of ICWA Act}.

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6. Oversight mechanisms

ICWA is required to establish, maintain and administer a “Government Insurance Fund” {see s 16(1)(d) of ICWA Act}.

xvii. Public Trustee as examiner of accounts

Pursuant to s 80 of the GA Act, the Public Trustee’s Private Administrator Support team examines the accounts of most private administrators. Section 80 says:

80. Accounts

(1) An administrator shall submit accounts to the Public Trustee as required by, or prescribed by regulations, except so far as the administrator is exempted from doing so by the Public Trustee.

(2) When a sole administrator of the estate of a represented person dies, a person having possession of any books, papers or documents relating to that estate shall deliver them to the Public Trustee.

(3) The Public Trustee shall examine any accounts lodged under subsection (1) or delivered under subsection (2) and may —

• (a) allow them;
• (b) disallow any amount paid;
• (c) determine that any amount or asset has been omitted, or that any loss has occurred.

(4) Where the Public Trustee —

• (a) disallows an amount paid or determines that an amount or asset has been omitted or that any loss has occurred; and
• (b) determines that there has thereby been a loss to or diminution of the estate,

the administrator is liable to the estate for such loss or diminution, except to the extent that the Public Trustee relieves him of liability.

(5) Accounts that have been examined under this section and allowed by the Public Trustee are conclusive unless the administrator acted dishonestly, in bad faith or without reasonable cause.

(6) The Public Trustee shall issue a certificate as to any loss or diminution for which an administrator or his estate is liable under subsection (4), taking into account any relief allowed by the Public Trustee under that subsection, and the Public Trustee may recover the same from the administrator or his estate for the benefit or the estate of the represented person as a debt due in a court of competent jurisdiction.

(6a) A person aggrieved by a decision of the Public Trustee under subsection (3) may apply to the State Administrative Tribunal for a review of the decision.

(7) This section does not apply to the Public Trustee in the Public Trustee’s capacity as an administrator.

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6. Oversight mechanisms

Section 80(1) does not apply to the Public Trustee when appointed administrator. The Public Trustee notes however that the Law Reform Commission of Western Australia in its Final Report on Project 114 has recommended at paragraph 14.88 that:

“the new Act should provide that the SAT may, on application by or on behalf of a Represented Person or a former Represented Person, order that the Public Trustee submit their accounts to an independent person for examination to determine the same matters as contained in s 80 of the Act. If the Public Trustee disagrees with the decision of the independent examiner, they should have the power to apply to the SAT for a review of the decision.”

The Commission goes on to say at paragraph 22.76 that:

“if the Public Trustee has caused loss to a represented person as a result of the administration of their estate, the Public Trustee, who is not subject to s 80 of the Act, can be held liable more efficiently for that loss. Combined, these provisions will provide a unified and comprehensive scheme for a represented person to obtain compensation for loss occasion (sic) by the acts of a representative.”

The Guardianship and Administration Regulations 2005 include the following:

3. Information as to administrator and estate

(1) An administrator must, within 4 weeks of being appointed, provide the Public Trustee with information as to the administrator, the represented person and the estate in a duly completed form approved by the Public Trustee.

Penalty: $1 000.

4. Examination of accounts

(1) Unless the Public Trustee otherwise allows, an administrator must lodge with the Public Trustee accounts in relation to an estate administered by the administrator set out in a form approved by the Public Trustee within 4 weeks of the due date approved by the Public Trustee.

Penalty: $1 000.

(2) An administrator must retain documents relating to the financial transactions of the estate and submit them to the Public Trustee if so required.

Penalty: $1 000.

(3) Unless the Public Trustee otherwise allows, if a person ceases to be the administrator of the estate of a represented person upon —

• (a) the making of an order by the State Administrative Tribunal under the Act; or
• (b) the death of the represented person,

that person must, within 4 weeks of the day on which the order was made or the represented person died, lodge with the Public Trustee accounts in a form approved by the Public Trustee.

Penalty: $1 000.

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6. Oversight mechanisms

5. False or misleading information

A person who provides information under regulation 3 or 4(1) or (3) which the person knows to be false or misleading in a material particular commits an offence.

Penalty: $1 000.

Pursuant to s 80(3) of the GA Act, the Public Trustee’s choices are to:

• allow the accounts;
• disallow any amount paid; and/or
• determine that any amount or asset has been omitted, or that any loss has occurred.

If the Public Trustee does not allow the accounts, it decides, under s 80(4):

• whether there has thereby been a loss to or diminution of the estate; and
• whether to relieve the administrator of liability.

If the Public Trustee decides that there has been a loss to or diminution of the estate and decides not to relieve the administrator of liability, it issues a certificate of loss under s 80(6).

Many losses or disallowed payments are unauthorised gifts. In such cases, generally speaking, the Public Trustee only relieves the administrator of liability if:

• the SAT probably would have approved the gift, had approval been sought in advance; and
• the administrator acted in good faith and was unaware of the need to seek approval in advance (or, in some rare cases, it was an emergency and it would not have been practicable to obtain approval in advance).

The following factors were cited in LMM [2005] WASAT 232 at paragraph [11], following a decision of the Guardianship and Administration Board (whose jurisdiction and functions under the GA Act were absorbed by the SAT in January 2005) as to whether to approve gifts in advance:

• the relationship between the Represented Person and the beneficiary of the gift;
• the extent of the estate of the Represented Person;
• the income and expenditure of the estate;
• the age and needs of the Represented Person;
• the purpose of the gift;
• the likelihood of the Represented Person acceding to the request if he/she had capacity;
• the alternatives open to the recipient;
• the attitude of those who are likely to benefit from the estate of the Represented Person on his/her death; and
• the needs of any other person dependent upon the Represented Person.

Two factors not mentioned, but clearly relevant to a decision of the SAT, are:

• the size of the gift; and
• what indirect benefit the Represented Person obtains from the payment.

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6. Oversight mechanisms

In addition to the above, the Public Trustee may consider the following factors in deciding whether to relieve the administrator of liability:

i. Whether the administrator knew that it was not lawful to make the payment, or was put on notice as to its validity, but chose to make it anyway (for example, the administrators stole or committed fraud). In such circumstances, notwithstanding anything else, the Public Trustee would be hard pressed to relieve the administrator of liability, even if the Represented Person was likely to have acceded to the request if he or she had capacity.

ii. Whether the administrator is a professional and ought to know their obligations. Professional administrators are expected to have higher standards than family members or friends. They are expected to know their legal obligations and are being paid to provide a service. Less leniency should be afforded to them.

iii. The need to discourage administrators from making payments without having the proper authority at the time.

iv. The fact that once a payment is made, it could be difficult if not impossible to recover it from the payees and/or the administrator.

v. Whether it would have been practical to obtain the SAT’s consent before making the payment.

vi. Whether the administrator obtained advice before making the payment, and if so, the substance of that advice. In at least one case, non-professional administrators obtained advice from Centrelink that was wrong. It would have been unfair to penalise them for that.

vii. Whether the administrator has personally benefited from the payment.

viii. The general performance of the administrator. It is appropriate to view the disallowed payment in the context of everything that the administrator has done.

The Public Trustee can enforce a certificate of loss as a debt due to the Represented Person in a court of competent jurisdiction or it can make an application to the SAT seeking a review of the administration order.

xviii. Freedom of Information Act 1992 (FOI Act)

The Public Trustee is subject to the FOI Act which creates a right of access to the documents of an agency {see s 10 of the FOI Act}.

The Public Trustee is an “agency” because it is a body corporate established for a public purpose under a written law {see Schedule 3 clause 1 of the FOI Act and s 4 of the PT Act}

The Public Trustee, as an agency, can refuse access to a document under the FOI Act if it is an “exempt document” containing “exempt matter” {see s 23(1)(a) and the Glossary}.

xix. Section 47(2) of the PT Act

The Public Trustee has an obligation, in certain circumstances, to provide accounts and other documents to a person who has an interest in an estate that the Public Trustee is administering.

xx. Governing Board

In the 2022 Office of the Auditor General’s Performance Audit of the Public Trustee’s Administration of Trusts and Deceased Estates Report, a recommendation was made

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6. Oversight mechanisms

that the Department of Treasury review whether current governance arrangements should be aligned with practices at other State entities that hold private monies in trust, including establishing a governing board.

In May 2023, the then Attorney General the Hon. John Quigley announced that an interim advisory board was to be established to oversee the development of a revised fee model and fee waiver policy. The Advisory Board was also tasked with overseeing and providing guidance on the transition to an independent Governing Board.

The establishment of a Governing Board would require legislative amendments to the Public Trustee Act 1941.

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7. SAT role and conduct

Part 7: Role and conduct of the State Administrative Tribunal as far as it relates to the above

KEY POINTS:

• The SAT may appoint substitute decision makers to make decisions about legal and financial matters (administrator), or health and lifestyle matters (guardian) for people who no longer have decision making capacity.
• The SAT has both original and review jurisdiction and plays an ongoing supervisory role for the duration of an administration order.
• The SAT may give a decision maker plenary or limited powers.
• The SAT may impose conditions, restrictions or directions when appointing a substitute decision maker.

For the SAT to make an administration order, the following four elements need to be satisfied:

i. Mental Disability

Section 64(1)(a) of the Guardianship and Administration Act (GA Act) requires the SAT to find that a person “is unable, by reason of a mental disability, to make reasonable judgments in respect of matters relating to all or any part of his estate …”.

A “mental disability” is defined in s 3(1) of the GA Act as:

“mental disability includes an intellectual disability, a psychiatric condition, an acquired brain injury and dementia”

It is an inclusive definition rather than an exhaustive definition {S and SC [2015] WASAT 138 at [17] and FH [2016] WASAT 95 at [80]}.

In the Second Reading Speech of the Guardianship and Administration Bill 1990, the then Minister for Health, the Hon K Wilson, observed:

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iii. Need for an administrator

Section 64(1)(b) says that a person is also required to be “in need of an administrator of his estate.”

iv. Least restrictive alternative

Section 4(4) of the GA Act says that the SAT must decide whether there is an alternative to making an order that is “less restrictive of the person’s freedom of decision and action”.

If all four elements are not met, the SAT cannot make an administration order.

Pursuant to ss 69, 71(1) and 71(3) of the GA Act, the SAT can make limited or plenary administration orders.

Pursuant to s 65 of the GA Act, the SAT can also appoint a person or the Public Trustee to exercise the powers of an administrator as an emergency measure to protect a proposed Represented Person’s estate until it can decide if the requirements for an administration order are met.

For instance, the Public Trustee is often appointed under s 65 where the proposed Represented Person has entered into a contract of sale of their property, and consideration needs to be given as to whether the contract should proceed or not.

The SAT can appoint:

• one administrator;
• two or more administrators to act jointly (as contemplated by s 75 of the GA Act);
• one administrator to perform some functions and another administrator to perform other functions; or
• a combination of the above.

Generally speaking, an administrator must be an adult individual or a corporate trustee who has consented to act and who, in the SAT’s opinion, will act in the best interests of the Represented Person and is otherwise suitable to act {see s 68(1) of the GA Act}.

Section 68(3) sets out matters to take into account, including the Represented Person’s wishes. The choices of administrator, in essence, are:

• Family and friends. The GA Act was designed, in part, to make it easier for people to look after their disabled loved ones and joint appointments are reasonably common.
• Professional people such as accountants or lawyers.
• Trustee companies under the Trustee Companies Act 1987. Section 68(2) of the GA Act restricts when they can be appointed;
• The Public Advocate. In practice, she is never appointed as administrator jointly with someone else, although sometimes is appointed as guardian jointly with someone else. Otherwise, she can only be appointed administrator when no other individual or corporate trustee is suitable and willing to act {see s 68(5) of the GA Act}. In practice, except in rare cases, the Public Trustee is both willing and suitable to act. Sometimes, the Public Advocate is appointed to perform some functions, and the Public Trustee is appointed to perform other functions.

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• The Public Trustee. The GA Act does not specifically restrict when the Public Trustee can be appointed. In practice, the SAT would normally prefer to appoint a family member who is willing and suitable, but there may not be one. The Public Trustee never gets appointed as administrator jointly with someone else, but is sometimes appointed to perform some functions, and someone else appointed to perform other functions.

The SAT has recognised that the appointment of government bodies such as the Public Trustee and the Office of the Public Advocate has its limits in terms of the amount of contact such bodies would have with a Represented Person {see AR [2021] WASAT 137}.

In the matter of MT [2018] WASAT 80 at paragraphs [60] to [63], the Member outlined the advantages and disadvantages of appointing the Public Trustee as opposed to a family member:

“In Holt and Another v Protective Commissioner (1993) 31 NSWLR 227, Kirby P as he was then, weighs up the factors which might be considered in the appointment of a family member or the Protective Commissioner as manager of the estate of a protected person. (The Protective Commissioner plays a similar role to that of the Public Trustee of Western Australia when appointed an administrator of an estate under equivalent legislation in New South Wales).

The identified advantages of the appointment of the Protective Commissioner were enumerated as follows at 242:

(i) the manifest independence of his statutory office;

(ii) the advantages of a dispassionate and neutral approach where there is potential for family conflict and sharply divided views concerning the best interests of the protected person;

(iii) the expertise of his staff, their experience in managing estates, the know how accumulated by them over time and their impeccable reputation; and

(iv) the security provided to the estate against loss or damage[.]

The advantages of appointment of AT as a family member which include his devotion to MT’s best interests, the administration of the estate being free of fees and the personal contact that he would have with MT as her administrator are outweighed in this case in the Tribunal’s judgment by the experience, expertise and neutrality of the Public Trustee.

Although the Tribunal must ascertain the wishes of MT, the primary obligation is to act in her best interests. While accepting that MT would prefer AT to be her appointed administrator, given the complexity of the circumstances and the conflict between the sons regarding the property of MT the Tribunal considers that her best interests are served by the appointment of an independent administrator with the requisite skills and knowledge together with independence from family conflict.”

Section 44(1)(b) of the GA Act stops someone being appointed guardian whose interests conflict or may conflict with the interests of the Represented Person, although

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s 44(3) and (4) qualify that. There is no similar provision for administrators. As a result, a conflict of interest does not render a person or body unsuitable to be an administrator. Sometimes, though, the conflict of interest is so great that the SAT appoints a different person or body {see AS [2018] WASAT 1}. Split appointments may also be a way of managing a conflict of interest.

The SAT is required under s 4(7) of the GA Act to seek to ascertain the wishes of the person the subject to an application to appoint an administrator for them, though the SAT is not necessarily bound by them.

Section 17A reviews

Section 17A(1) of the GA Act says:

17A. Review

(1) Where the State Administrative Tribunal consisting of one member makes any determination, a party who is aggrieved by the determination may request the President to arrange for a Full Tribunal to review the determination, and the President shall comply with any such request.

The request normally needs to be made within 28 days of the determination, although an extension can be granted {see s 17A(2)}.

According to the definitions in s 3(1):

• a “Full Tribunal” consists of the President or a Deputy President (in other words, one of the judges), plus two other members; and
• a “determination” does not mean any decision in proceedings under the GA Act, but does include the making of, or refusal to make, an order under s 64 or an order on a review under ss 84, 85 or 86.

A s 17A review is a merits review in the SAT’s review jurisdiction.

Appeals to the Supreme Court

Section 19 of the GA Act says:

19. Right of appeal by leave

By leave as provided in this Subdivision, an appeal lies to —

• (a) a single judge of the Supreme Court from a determination of the State Administrative Tribunal when constituted by 3 members not including the President; or
• (b) the Court of Appeal from a determination of the State Administrative Tribunal when constituted by 3 members including the President.

But otherwise, there is no appeal from a determination of the SAT.

Section 105 of the State Administrative Tribunal Act 2004 also gives an avenue of appeal to the Supreme Court. According to S v State Administrative Tribunal of Western Australia [No 2] [2012] WASC 306, that avenue extends to challenging a “determination” under the GA Act made by a single member of the SAT. According to

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RM v MF [2012] WASC 367, it does not, which represents the long-standing view before S.

In S v State Administrative Tribunal of Western Australia [No 2] at paragraph [27], the Supreme Court said that by virtue of s 3A of the GA Act, the Supreme Court “retains its powers of judicial review by certiorari, prohibition, mandamus, declaration or injunction in respect of those decisions”.

Part 7 of the GA Act — Review of orders

When the SAT makes a guardianship or administration order, it must set a date by which the order is to be reviewed, no more than five years away, and then review it {see s 84 of the GA Act}. That said, the order does not need to be reviewed if the Represented Person dies in the meantime.

The SAT is also obliged to review guardianship and administration orders in certain circumstances {see s 85 of the GA Act}.

The Public Advocate, the Public Trustee, the Represented Person, a private administrator or a private guardian can ask for the SAT to review the orders without the need for leave. Others need the leave of the SAT to do so {see ss 86 and 87 of the GA Act.}

Part 7 reviews are in the SAT’s original jurisdiction, not its review jurisdiction {see s 90(2) of the GA Act}.

There are times when, following such a review, the SAT removes the Public Trustee as administrator. That can happen for a number of reasons. For instance:

• The Represented Person recovers sufficiently from their disability.
• There is no longer a need for an administrator. Sometimes, the Public Trustee is appointed to give instructions in a personal injuries claim in the District Court, but the case gets resolved and there is no other need for an administrator.
• A person who previously had a conflict of interest no longer does so. Sometimes, the Public Trustee is appointed to decide whether to challenge the Will of the Represented Person’s parent. Other family members may not be suitable to do that, because they are also beneficiaries of the Will, or closely connected to people who are. But once the issue is resolved, the Public Trustee may be able to step away.
• A family member who previously did not want to take on the role is now prepared to do so.
• It turns out, on further testing, that the person does not have a mental disability.

In theory, s 17A reviews should be used when someone thinks that the decision of a single Member was wrong, whereas Part 7 reviews should be used to look at the matter afresh after a change in circumstances or a lapse of time. In practice, that distinction can get blurry, particularly because Part 7 reviews are generally simpler than s 17A reviews.

A review of an administration order under Part 7 of the GA Act is a fresh set of proceedings. It is not a continuation of what has gone before {see KWD [2011] WASAT 4 at paragraphs [63] to [83]}.

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Section 4 of the GA Act lists principles that the SAT must observe in dealing with proceedings commenced under that Act.

One of them is set out in s 4(2), which says:

“The primary concern of the State Administrative Tribunal shall be the best interests of any represented person, or of a person in respect of whom an application is made.”

The GA Act also contains specific provisions that override acting in the best interests of the person. For instance, the SAT might consider that it is in the best interests of a person to:

• Have the Public Advocate appointed as the sole guardian, but that is not possible if someone else is willing and suitable to act {see s 44(5)}.
• Have an administrator, but that is not possible if the person does not have a “mental disability” {see s 64(1)(a) and Public Trustee and KMH [2008] WASAT 171}.
• Set aside a transaction that the person had made before being placed under an administration order, but s 82 contains restrictions on when the SAT can do this.

The SAT considered the “best interests” test in AS [2018] WASAT 1. It quoted from Justice EM Heenan in Re Full Board of the Guardianship and Administration Board (2003) 27 WAR 475. It said (at paragraph [48]) that his Honour’s comments were “consistent with the primary concern of the Tribunal which is the best interests of the represented person”.

The SAT went on to say (at paragraph [49]):

“Fundamentally, the expression ‘best interests’ in the context of a protective jurisdiction, reinforces the idea that the paramount concern is the overall interest of the person to whom the protection is directed (Public Trustee v Blackwood (1998) 8 Tas R 256) (Blackwood). Put another way, the expression is concerned with the person’s ‘separate and independent welfare’ (Charlton v Baber [2003] NSWSC 745 at [52]).”

The “best interests” of the Represented Person (or the person in respect of whom an application is made) also arises for the SAT when deciding:

• Whether or not to make a costs order out of the person’s assets {see s 16(4) GA Act}. The SAT must be satisfied that the party seeking costs has acted in the best interests of the person, although that is not the only criterion.
• Whether to close a hearing to the public {see s 17(1) and clause 11(2) of GA Act Schedule 1}.
• Who to appoint as guardian {see s 44(1)(a) GA Act}. The SAT must be of the opinion that the guardian will act in the best interests of the person, although that is not the only criterion.
• Whether to consent to a sterilisation {see s 63(1) GA Act}. The SAT must be satisfied that this would be in the best interests of the Represented Person.
• Who to appoint as administrator {see s 68(1)(c) GA Act}. The SAT must be of the opinion that the administrator will act in the best interests of the person, although that is not the only criterion.

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• What orders to make when reviewing, under Part 7, a guardianship or administration order {see s 90(1) GA Act}. The SAT needs to consider what is necessary in the best interests of the person.

Pursuant to s 74 of the GA Act, the Public Trustee can seek directions from the SAT, but the SAT is not obliged to give them and exercises this power sparingly. The Public Trustee as administrator is generally left to manage the day-to-day matters of the Represented Person without the SAT’s involvement.

A Represented Person, their family member or any other person can at any time seek a review of the appointment of the Public Trustee as administrator if they are dissatisfied with how the Represented Person’s financial or legal matters are being managed.

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