Australian Capital Territory Consolidated Acts

PUBLIC TRUSTEE ACT 1985 - SECT 25

    (1)     Where, in the proceedings, it is adjudged or ordered, or it is agreed, that money, not being money to which subsection (3) applies, be paid to a person under disability (whether or not that person is a party to a cause or matter), the money—

        (a)     shall be paid into court; and

        (b)     shall, unless the court otherwise directs, be paid out to the public trustee.

    (2)     Where money, not being money to which subsection (3) applies—

        (a)     is paid into court—

              (i)     before the commencement of this Act; or

              (ii)     after the commencement of this Act under a judgment, order or agreement given, entered or made before the commencement of this Act; and

        (b)     the money is being held in court on behalf of a person under disability;

the court may, by order, direct that the money be paid out to the public trustee.

    (3)     Where—

        (a)     money payable as compensation under the Workers Compensation Act 1951 is paid into court, whether before or after the commencement of this Act; and

        (b)     the money is being held in court on behalf of a person under disability;

the court may, by order, direct that the money be paid out to the public trustee.

    (4)     Where, as a result of a direction given under subsection (1), money in court is not paid out to the public trustee, the court may, by order, direct that the money be paid out to the public trustee and may make such other order as it thinks fit.

    (5)     Where a court adjudges or orders that property (whether real or personal) be delivered up or transferred to a person under disability (whether or not that person is a party to a cause or matter), the court—

        (a)     may order that the property be delivered up or transferred to the public trustee on behalf of that person; and

        (b)     may give such directions for the service of the order on the public trustee as it thinks fit.

    (6)     Where an order under subsection (5) is served on the public trustee, the public trustee shall accept delivery or transfer of the property to which the order relates and the acceptance of the property shall be a sufficient discharge to the person delivering or transferring the property.

    (7)     Nothing in this section applies in relation to—

        (a)     money ordered or agreed to be paid in proceedings in the Magistrates Court, being money due to a person who has not attained full age as salary, wages or otherwise in respect of the person's employment; or

        (b)     money payable as compensation under the Workers Compensation Act 1951 by way of a weekly payment.