PUBLIC TRUSTEE AND GUARDIAN ACT 1985

PUBLIC TRUSTEE AND GUARDIAN ACT 1985

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Dictionary  
   3.      Notes  
   3A.     Offences against Act—application of Criminal Code etc  
   4.      Administration Act definitions  

   PART 2--THE PUBLIC TRUSTEE AND GUARDIAN

           Division 2.1--Administration

   5.      Public trustee and guardian  
   6.      Deputy public trustee and guardian  
   8.      Public trustee and guardian a corporation sole  
   9.      Agent of public trustee and guardian  
   9A.     Delegation by public trustee and guardian  

           Division 2.2--Protection and liability of public trustee and guardian

   10.     Protection of public trustee and guardian etc from liability  
   11.     Protection of public trustee and guardian where mistake as to death  
   12.     Liability of public trustee and guardian  

   PART 3--APPOINTMENT OF PUBLIC TRUSTEE AND GUARDIAN

           Division 3.1--General

   13.     Capacities in which public trustee and guardian may act  
   13A.    Appointment as person responsible for disposal of unclaimed deceased  
   14.     Public trustee and guardian may act jointly with another person  
   15.     Appointment of public trustee and guardian on order of court  
   16.     Effect of appointment or election  

           Division 3.2--Appointment of public trustee and guardian as trustee

   17.     Appointment  
   18.     Appointment of public trustee and guardian as sole trustee  
   19.     Vesting of property  

           Division 3.3--Appointment of public trustee and guardian as guardian or manager

   19A.    Application—div 3.3  
   19B.    Other functions of public trustee and guardian as guardian or  
   19C.    Guardian or manager of last resort  
   19D.    Engagement of lawyer  

   PART 4--POWERS AND DUTIES OF PUBLIC TRUSTEE AND GUARDIAN

   20.     Powers of public trustee and guardian under Act additional to powers under other  
   21.     Express powers of public trustee and guardian  
   22.     Wills  
   23.     Safe custody of documents and chattels  
   23A.    Public trustee and guardian register  
   24.     Legal representation  
   24A.    Public trustee and guardian to report to ACAT  
   25.     Payment of money etc to public trustee and guardian on behalf of person under  
   25A.    Amounts etc paid by trustee for person under disability  
   26.     Power of public trustee and guardian to sue self when acting in different  
   27.     Power of public trustee and guardian to contract with self in certain  
   28.     Fees and expenses of public trustee and guardian  
   29.     Payments to persons outside Australia  
   29A.    Payment of money without grant of administration  
   30.     Dealings with other public trustees  
   31.     Unclaimed moneys  
   32.     Allowance of claims  
   33.     Dispute involving claims  

   PART 5--UNCLAIMED PROPERTY

   33A.    Meaning of domestic partner for pt 5  
   34.     Application for appointment as manager of property  
   35.     Election to become manager of property  
   36.     Public notice of appointment or election  
   37.     Property does not vest in public trustee and guardian as manager  
   38.     Powers of public trustee and guardian as manager  
   39.     Application for directions and sale of property in special  
   40.     Management of certain moneys by public trustee and guardian  
   41.     Property to be held for owner  
   42.     Charge over property  
   43.     Disposal of property  
   44.     Cessation of management  
   45.     Claims made after cessation of management  

   PART 6--FINANCIAL

           Division 6.1--Investment board

   46.     Establishment of board  
   47.     Function of board  
   48.     Membership of board  
   49.     Senior member of board  
   53.     Ending board member appointments  
   53A.    Honesty, care and diligence of board members  
   53B.    Conflict of interest  
   53C.    Agenda to require disclosure of interest item  
   53D.    Disclosure of interests by board members  
   53E.    Reporting of disclosed interests to Minister  
   53F.    Protection of board members from liability  
   53G.    Indemnification and exemption of board members  

           Division 6.2--Board meetings

   54.     Time and place of board meetings  
   54A.    Presiding member at meetings  
   54B.    Quorum at meetings  
   54C.    Voting at meetings  
   54D.    Conduct of meetings etc  

           Division 6.3--Common funds

   55.     Establishment of common funds etc  
   56.     Investment of money held in common funds  
   57.     Investment of money not held in common funds  
   58.     Withdrawal of money from common funds  
   59.     Distribution of capital and income  
   59A.    Management fee  
   60.     Income accounts  
   61.     Common fund guarantee and reserve account  
   63.     Application of surplus funds  
   64.     Advances from common funds  
   65.     Advances to beneficiaries  

   PART 7--MISCELLANEOUS

   65A.    Use and disclosure of protected information  
   66.     Public trustee and guardian may require information or documents  
   67.     Notices to be given to public trustee and guardian  
   68.     Costs in legal proceedings  
   69.     Costs arising out of certain applications  
   70.     Jurisdiction of court  
   71.     Certain covenants void  
   72.     Lien in respect of insurance premiums  
   73.     Manner of giving notices  
   74.     Evidence  
   75.     Determination of fees and charges  
   76.     Regulation-making power  
           DICTIONARY
           ENDNOTES