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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
State Trustees (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Amendment of State Trustees (State Owned Company) Act
1994 2
4. Amendment of Accident Compensation Act 1985 2
5. Amendment of Administration and Probate Act 1958 5
6. Transitional for State Trustees powers 5
30E. Transitional for certain State Trustees powers 6
7. New provision inserted in Administration and Probate Act
1958 6
34A. Application for administration of estate administered by a
creditor 6
8. Amendment of County Court Act 1958 7
Division 2A--Administration of children's funds 7
39B. Court orders relating to administration of children's funds 7
9. Amendment of Magistrates' Court Act 1989 9
Division 1A--Administration of children's funds 9
101A. Court orders relating to administration of children's funds 9
10. Amendment of Ombudsman Act 1973 11
11. Amendment of Supreme Court Act 1986 12
Division 4A--Administration of children's funds 12
51A. Court orders relating to administration of children's
funds 12
12. Amendment of Transport Accident Act 1986 14
NOTES 15
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532062B.I1-17/3/98
PARLIAMENT OF VICTORIA
A BILL
to amend the State Trustees (State Owned Company) Act 1994, to
make consequential amendments to other Acts and for other purposes.
State Trustees (Amendment) Act 1998
The Parliament of Victoria enacts as follows:
1. Purposes
The purposes of this Act are--
(a) to amend the State Trustees (State Owned
Company) Act 1994; and
5 (b) to make consequential amendments to the
Accident Compensation Act 1985, the
Administration and Probate Act 1958, the
County Court Act 1958, the Magistrates'
Court Act 1989, the Ombudsman Act
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State Trustees (Amendment) Act 1998
s. 2
Act No.
1973, the Supreme Court Act 1986 and the
Transport Accident Act 1986.
2. Commencement
(1) This section and section 1 come into operation on
5 the day on which this Act receives the Royal
Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
10 (3) If a provision referred to in sub-section (2) does
not come into operation before 1 August 1998, it
comes into operation on that day.
3. Amendment of State Trustees (State Owned
Company) Act 1994
15 Sections 6, 7 and 11 of the State Trustees (State
Owned Company) Act 1994 are repealed.
4. Amendment of Accident Compensation Act 1985
(1) In section 130(1) of the Accident Compensation
Act 1985--
20 (a) for "the State Trust Corporation of Victoria"
(where first occurring) substitute "a trustee
company determined by the Court or the
Authority (as the case requires)";
(b) for "State Trust Corporation of Victoria"
25 (where secondly occurring) substitute
"trustee company".
(2) After section 130(1) of the Accident
Compensation Act 1985 insert--
"(1A) If the Court or Authority determines under
30 sub-section (1) that State Trustees (within
the meaning of the State Trustees (State
Owned Company) Act 1994) administer
payments of compensation, State Trustees
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State Trustees (Amendment) Act 1998
s. 4
Act No.
must accept a transfer of the amount of
compensation to be administered and the
acceptance of that amount is a sufficient
discharge to the person transferring that
5 amount.".
(3) For section 131(1) of the Accident
Compensation Act 1985 substitute--
"(1) Except as otherwise provided in section 130,
any money administered by a trustee
10 company determined under that section may
be invested in any manner in which money
may be invested under the Trustee Act 1958
and may be applied in any manner that the
trustee company considers appropriate for
15 the benefit of the person entitled to that
money.".
(4) Section 131(2) of the Accident Compensation
Act 1985 is repealed.
(5) For section 131(4) of the Accident
20 Compensation Act 1985 substitute--
"(4) If the amount of money administered on
behalf of any person by a trustee company
determined under section 130 becomes less
than an amount determined by the trustee
25 company, the amount shall be paid out by
the trustee company to that person.
(5) A trustee company must, within a reasonable
period of time before paying out an amount
under sub-section (4), give written notice to
30 the person entitled to the money of its
intention to pay out that amount.
(6) A person entitled to money under this
section who objects to a determination of the
trustee company made under sub-section (4)
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State Trustees (Amendment) Act 1998
s. 4
Act No.
may appeal to the County Court and the
Court may make a new determination.".
(6) Section 132(1) of the Accident Compensation
Act 1985 is repealed.
5 (7) In section 132(2) of the Accident Compensation
Act 1985--
(a) for "State Trust Corporation of Victoria"
(where first occurring) substitute "trustee
company determined under section 130";
10 (b) in paragraph (a), for "State Trust Corporation
of Victoria" (where twice occurring)
substitute "trustee company".
(8) For section 132(3) of the Accident
Compensation Act 1985 substitute--
15 "(3) A dependant may apply to the trustee
company to vary any determination made
under sub-section (2) if the dependant
believes that the dependant is inadequately
provided for or the circumstances of the
20 dependant or other dependants have
changed, and the trustee company may make
any determination it considers appropriate
for the variation of the earlier
determination.".
25 (9) For section 132(5) of the Accident
Compensation Act 1985 substitute--
"(5) A dependant who objects to any
determination of the trustee company made
under this section may appeal to the County
30 Court and the Court may make a new
determination.".
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State Trustees (Amendment) Act 1998
s. 5
Act No.
5. Amendment of Administration and Probate Act 1958
In the Administration and Probate Act 1958--
(a) in section 15, for "State Trust" substitute
"State Trustees";
5 (b) in section 24A(2)--
(i) for "State Trustees" (where first
occurring) substitute "a trustee
company";
(ii) for "State Trustees" (where secondly
10 occurring) substitute "the trustee
company";
(c) section 30B is repealed;
(d) in section 35(1)--
(i) in paragraph (a), for "the State Trust or
15 to some person" substitute "a trustee
company or any other person";
(ii) in paragraph (b), for "the State Trust or
some person or trustee company"
substitute "a trustee company or any
20 other person";
(e) in section 35(2), for "sub-sections (3) and (4)
of the last preceding section" substitute
"section 34(3) and (4)";
(f) in section 57(4), for "State Trust" substitute
25 "State Trustees".
6. Transitional for State Trustees powers
After section 30D of the Administration and
Probate Act 1958 insert--
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State Trustees (Amendment) Act 1998
s. 7
Act No.
"30E. Transitional for certain State Trustees
powers
Despite the repeal of section 30B, that
section as in force immediately before the
5 commencement of section 6 of the State
Trustees (Amendment) Act 1998 continues
to apply to State Trustees in respect of any
action taken by State Trustees in accordance
with that section before that
10 commencement.".
7. New provision inserted in Administration and Probate
Act 1958
After section 34 of the Administration and
Probate Act 1958 insert--
15 "34A. Application for administration of estate
administered by a creditor
(1) If a grant of administration of the property or
estate of a deceased person has been granted
to a creditor, a trustee company or any other
20 person interested in the estate may apply to
the Court for the removal of the creditor and
the appointment of the trustee company or
another person instead.
(2) An application under sub-section (1) must be
25 supported by an affidavit stating why it
would be beneficial to any person interested
in the estate that the creditor be removed and
the trustee company or another person be
appointed.
30 (3) If a grant of administration of the property or
estate of a deceased person has been granted
to a creditor and the creditor has any
property in his or her hands for at least 12
months after payment of creditors or for at
35 least 3 years after the grant of administration
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State Trustees (Amendment) Act 1998
s. 8
Act No.
(whether creditors have been paid or not), a
trustee company or any other person
interested in the estate may apply to the
Court for the removal of the creditor and the
5 appointment of the trustee company or
another person instead.
(4) On being satisfied that a creditor should be
removed under this section, the Court may
order the removal of such creditor from the
10 position of administrator and appoint the
trustee company or another person named in
the order administrator in place of the
creditor so removed on such terms and
conditions as the Court thinks fit and may
15 make all necessary orders for vesting the
estate in the new administrator and as to
accounts and such order for costs as the
Court thinks fit.
(5) Upon the appointment of a new
20 administrator under sub-section (4), the
provisions in section 34(3) and (4) apply so
far as appropriate as if repeated in this
section.".
8. Amendment of County Court Act 1958
25 After section 39A of the County Court Act 1958
insert--
"Division 2A--Administration of children's
funds
39B. Court orders relating to administration of
30 children's funds
(1) If in any civil proceedings before the court it
is adjudged or ordered that money be paid to
a child (whether or not that child is a party to
a cause or matter) the money--
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State Trustees (Amendment) Act 1998
s. 8
Act No.
(a) is to be paid into court; and
(b) unless the court otherwise orders, is to
be paid out to an administrator
specified by the court.
5 (2) If any money, not being money to which
sub-section (3) applies--
(a) is paid into court--
(i) before the commencement of this
section; or
10 (ii) after the commencement of this
section in accordance with a
judgment or order entered or made
before the commencement of this
section; and
15 (b) the money is being held in court on
behalf of a child--
the court may by order direct that the money
be paid out to an administrator specified in
the order.
20 (3) If the court adjudges or orders that property
(whether real or personal) be delivered up or
transferred to a child (whether or not that
child is a party to a cause or matter), the
court--
25 (a) may order that the property be
delivered up or transferred to an
administrator specified in the order; and
(b) may give any directions for the service
of the order on the administrator as it
30 thinks fit.
(4) If an order under sub-section (3) is served on
State Trustees within the meaning of the
State Trustees (State Owned Company)
Act 1994, State Trustees must accept
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State Trustees (Amendment) Act 1998
s. 9
Act No.
delivery or transfer of the property to which
the order relates and the acceptance of the
property is a sufficient discharge to the
person delivering or transferring the
5 property.
(5) A copy of any order made under this section
must be given by the administrator to the
Guardianship and Administration Board
established under the Guardianship and
10 Administration Board Act 1986 and the
Public Advocate appointed under that Act.
(6) An order of the court under this section that
money be paid out to an administrator has
effect as if it were an administration order
15 under the Guardianship and
Administration Board Act 1986 and,
subject to the order of the court, the
administrator has all the powers and duties
of an administrator referred to in Divisions 3
20 and 3A of Part 5 of that Act.".
9. Amendment of Magistrates' Court Act 1989
After section 101 of the Magistrates' Court Act
1989 insert--
"Division 1A--Administration of children's
25 funds
101A. Court orders relating to administration of
children's funds
(1) If in any civil proceedings before the Court it
is adjudged or ordered that money be paid to
30 a child (whether or not that child is a party to
a cause or matter) the money--
(a) is to be paid into court; and
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State Trustees (Amendment) Act 1998
s. 9
Act No.
(b) unless the Court otherwise orders, is to
be paid out to an administrator
specified by the Court.
(2) If any money, not being money to which
5 sub-section (3) applies--
(a) is paid into court--
(i) before the commencement of this
section; or
(ii) after the commencement of this
10 section in accordance with a
judgment or order entered or made
before the commencement of this
section; and
(b) the money is being held in court on
15 behalf of a child--
the Court may by order direct that the money
be paid out to an administrator specified in
the order.
(3) If the Court adjudges or orders that property
20 (whether real or personal) be delivered up or
transferred to a child (whether or not that
child is a party to a cause or matter), the
Court--
(a) may order that the property be
25 delivered up or transferred to an
administrator specified in the order; and
(b) may give any directions for the service
of the order on the administrator as it
thinks fit.
30 (4) If an order under sub-section (3) is served on
State Trustees within the meaning of the
State Trustees (State Owned Company)
Act 1994, State Trustees must accept
delivery or transfer of the property to which
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State Trustees (Amendment) Act 1998
s. 10
Act No.
the order relates and the acceptance of the
property is a sufficient discharge to the
person delivering or transferring the
property.
5 (5) A copy of any order made under this section
must be given by the administrator to the
Guardianship and Administration Board
established under the Guardianship and
Administration Board Act 1986 and the
10 Public Advocate appointed under that Act.
(6) An order of the Court under this section that
money be paid out to an administrator has
effect as if it were an administration order
under the Guardianship and
15 Administration Board Act 1986 and,
subject to the order of the Court, the
administrator has all the powers and duties
of an administrator referred to in Divisions 3
and 3A of Part 5 of that Act.".
20 10. Amendment of Ombudsman Act 1973
(1) In section 2 of the Ombudsman Act 1973--
(a) in the definition of "Public Statutory Body",
after "members" insert "and includes State
Trustees";
25 (b) after the definition of "Public Statutory
Body" insert--
' "State Trustees" means the company
described as State Trustees in the State
Trustees (State Owned Company)
30 Act 1994 while that company is a
company a majority of shares in which
is held by or on behalf of the State;'.
(2) After section 13(2) of the Ombudsman Act 1973
insert--
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State Trustees (Amendment) Act 1998
s. 11
Act No.
"(2A) Despite sub-section (3)(c), the Ombudsman
may, subject to this Act, enquire into or
investigate any administrative action taken
by State Trustees.".
5 11. Amendment of Supreme Court Act 1986
After section 51 of the Supreme Court Act 1986
insert--
"Division 4A--Administration of children's
funds
10 51A. Court orders relating to administration of
children's funds
(1) If in any civil proceedings before the Court it
is adjudged or ordered that money be paid to
a child (whether or not that child is a party to
15 a cause or matter) the money--
(a) is to be paid into court; and
(b) unless the Court otherwise orders, is to
be paid out to an administrator
specified by the Court.
20 (2) If any money, not being money to which
sub-section (3) applies--
(a) is paid into court--
(i) before the commencement of this
section; or
25 (ii) after the commencement of this
section in accordance with a
judgment or order entered or made
before the commencement of this
section; and
30 (b) the money is being held in court on
behalf of a child--
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State Trustees (Amendment) Act 1998
s. 11
Act No.
the Court may by order direct that the money
be paid out to an administrator specified in
the order.
(3) If the Court adjudges or orders that property
5 (whether real or personal) be delivered up or
transferred to a child (whether or not that
child is a party to a cause or matter), the
Court--
(a) may order that the property be
10 delivered up or transferred to an
administrator specified in the order; and
(b) may give any directions for the service
of the order on the administrator as it
thinks fit.
15 (4) If an order under sub-section (3) is served on
State Trustees within the meaning of the
State Trustees (State Owned Company)
Act 1994, State Trustees must accept
delivery or transfer of the property to which
20 the order relates and the acceptance of the
property is a sufficient discharge to the
person delivering or transferring the
property.
(5) A copy of any order made under this section
25 must be given by the administrator to the
Guardianship and Administration Board
established under the Guardianship and
Administration Board Act 1986 and the
Public Advocate appointed under that Act.
30 (6) An order of the Court under this section that
money be paid out to an administrator has
effect as if it were an administration order
under the Guardianship and
Administration Board Act 1986 and,
35 subject to the order of the Court, the
administrator has all the powers and duties
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State Trustees (Amendment) Act 1998
s. 12
Act No.
of an administrator referred to in Divisions 3
and 3A of Part 5 of that Act.".
12. Amendment of Transport Accident Act 1986
(1) In section 59(4) of the Transport Accident Act
5 1986--
(a) for "the State Trustees" (where first
occurring) substitute "a trustee company
determined by the Commission";
(b) for "State Trustees" (where secondly
10 occurring) substitute "trustee company".
(2) After section 59(4) of the Transport Accident
Act 1986 insert--
"(4A) If the Commission determines under sub-
section (4) that a death benefit under sub-
15 section (1) be paid to State Trustees within
the meaning of the State Trustees (State
Owned Company) Act 1994, State Trustees
must accept payment of the amount of the
benefit and the acceptance of that amount is
20 a sufficient discharge to the person
transferring that amount.".
(3) In section 59(5) of the Transport Accident Act
1986--
(a) for "State Trustees" (where first occurring)
25 substitute "trustee company";
(b) for "State Trustees" (where secondly
occurring) substitute "trustee company".
14
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State Trustees (Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
15
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State Trustees (Amendment) Act 1998
Act No.
16
532062B.I1-17/3/98
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