Public Trustee Act 1978

This Act may be cited as the Public Trustee Act 1978.

This Act shall commence on a day to be fixed by proclamation.

This Act, except where otherwise provided, binds the Crown not only in right of the State but also, as far as the legislative power of Parliament permits, the Crown in all its other capacities.

The Child Protection (International Measures) Act 2003 includes provisions about the exercise of jurisdiction under this Act.

In this Act—appointed board member, for part 8A, see section 117V.benefit, in relation to a person, includes insurance on the life of that person and the education and advancement of that person.board, for part 8A, see section 117V.board meeting, for part 8A, see section 117ZO(1).board member, for part 8A, see section 117ZB.body includes a corporation, unincorporated body or association including a partnership or association of persons.chief executive (corrective services)...common fund means a common fund established under section 19.corporation means the corporate sole constituted by the public trustee under the name The Public Trustee of Queensland.court means the Supreme Court.deputy public trustee...election to administer means an election filed pursuant to section 30 or 31.employer, in relation to an amount of unpaid wages, for part 8, division 1, see section 98.estate under administration means any property held, administered, managed or controlled by the public trustee in any capacity (including, for example, as personal representative, trustee, administrator, guardian, committee, manager, liquidator or receiver), and includes—

an estate under management as defined in section 64; and

an estate under administration that is administered jointly with someone else.

former employee, for part 8, division 1, see section 98.grant of administration means—

probate of the will of a deceased person; or

letters of administration of the estate of a deceased person, with or without the will annexed, for general, special or limited purposes; or

an order to administer; or

an election to administer;

and a reference to the making of a grant of administration includes the filing of an election to administer.incapacitated person means an incapacitated person as defined in section 64.instrument includes any deed, will, agreement for a settlement, Act of Parliament or order of a court or any number of such instruments, whether made or passed before or after, or partly before and partly after, the commencement of this Act.land...Minister...mortgage...mortgagee...mortgagor...official solicitor means the official solicitor to the public trustee provided for in section 16.order to administer means an order of the court made pursuant to part 3 authorising the public trustee, either solely or jointly with someone else to administer the estate of a deceased person, whether general or special or limited in any way.owner, in relation to property, includes any person having an estate or interest in the property.permanent board member, for part 8A, see section 117V.personal information means information or a document about an individual’s affairs, but does not include—

information or a document that is publicly available; or

criminal history information within the meaning of section 117ZM(5); or

statistical or other information, or a document containing statistical or other information, that could not reasonably be expected to result in the identification of the individual to whom the information or document relates.

personal representative means a person having a grant of administration.person under a legal disability—

for section 59—see section 59(1A); and

otherwise—means a child.

proceedings includes any action, cause or matter and any other procedure, in court or otherwise, whether formal or informal, (including criminal proceedings as to property, the submission to arbitration or the lodging of a caveat) directed to the assertion, enforcement or protection of any right.property includes real and personal property of every description or kind and wherever situated, any estate or interest therein, any debt, any thing in action and any other right or interest whether legal or equitable (including, without prejudice to the generality of the foregoing, rights as to rescission, avoidance or restitution).public trustee means—

as an individual—the Public Trustee of Queensland; or

in any other case—the corporation.

Real Property Acts...registering authority means the registrar of titles or anyone else required or permitted to record interests in property.spent conviction...stock includes stock (whether debenture, inscribed or otherwise), shares, debentures, units and notes (secured or otherwise) and other like investments.trust includes—

implied and constructive trusts; and

cases where the trustee has a beneficial interest in the trust property; and

the duties incidental to a personal representative’s office;

but does not include the duties incidental to a mortgaged interest.trustee means a person who administers a trust.unclaimed moneys fund means the account maintained pursuant to section 25.under a legal disability...unpaid wages, for part 8, division 1, see section 98B.will...

There is a Public Trustee of Queensland and an office called the Public Trust Office.

The Public Trust Office consists of the public trustee and the office’s staff.

The corporation sole constituted by the public trustee is continued under the name The Public Trustee of Queensland (the corporation).

The corporation—

is a body corporate with perpetual succession; and

has a seal; and

may sue and be sued in its corporate name.

The corporation represents the State.

Without limiting subsection (3), the corporation has all the State’s privileges and immunities.

The corporation has all the powers of an individual and may, for example—

enter into contracts; and

acquire, hold, dispose of, and deal with, property; and

appoint agents and attorneys; and

engage consultants; and

fix charges, and other terms, for services it supplies; and

do anything necessary or convenient to be done in the performance of the public trustee’s functions under this or another Act.

The corporation also has the powers conferred on it by this or another Act.

The corporation may exercise its powers inside and outside Queensland.

Without limiting subsection (7), the corporation may exercise its powers outside Australia.

The corporation is declared to be an excluded matter for the Corporations Act, section 5F, in relation to the whole of the Corporations Legislation.

The public trustee is to be appointed by the Governor in Council.

The public trustee is to be appointed for a term of not longer than 5 years.

The public trustee is subject to the Minister, but is not subject to any officer or employee of the department.

The public trustee is entitled to be paid the remuneration and allowances decided by the Governor in Council.

The public trustee ceases to hold office if the public trustee—

resigns by signed notice given to the Minister; or

finishes a term and is not reappointed; or

is removed from office by the Governor in Council under subsection (6).

The Governor in Council may remove the public trustee if the public trustee—

is found guilty of an indictable offence or an offence against this Act; or

engages in misbehaviour; or

becomes incapable of performing the duties of the public trustee because of physical or mental incapacity; or

is incompetent; or

contravenes subsection (7); or

without the Minister’s leave and without reasonable excuse, is absent for 14 consecutive days or 28 days in a year.

The public trustee must give written notice to the Minister of all direct or indirect financial interests that the public trustee has or acquires in a business or in an entity carrying on a business.

The public trustee holds office on the terms not provided for by this Act as are decided by the Governor in Council.

The public trustee is to be appointed under this Act, and not under the Public Sector Act 2022.

The Governor in Council may appoint a person to act as public trustee during—

a vacancy, or all vacancies, in the office; or

a period, or all periods, when the public trustee is absent from duty or is, for another reason, unable to perform the functions of the office.

The staff of the Public Trust Office are to be employed under the Public Sector Act 2022.

The public trustee may delegate the public trustee’s powers under this Act to any person.

A power may be subdelegated if the delegation expressly allows the subdelegation of the power.

Without limiting subsections (1) and (2), the following powers may be delegated (and subdelegated)—

making an affidavit or statutory declaration required or permitted to be made by the public trustee, signing a document to be filed in a court, verifying an account or personally attending a court instead of the public trustee;

executing a transfer of property for the public trustee;

giving or signing a notice, consent, certificate, instrument or other document the public trustee is required or permitted to give or sign.

If, when exercising a power under a delegation or subdelegation under this section, the delegatee signs a document, the delegatee may add after the delegatee’s signature the following statement or a statement to the following effect—‘Signed as delegate for the public trustee under section 11A of the Public Trustee Act 1978’.

A document purporting to be a document mentioned in subsection (4) is taken to have been properly signed by a delegatee of the public trustee under a delegation made under this section unless the contrary is proved.

Subsections (4) and (5) do not limit section 27A of the Acts Interpretation Act 1954.

The public trustee’s seal may be kept in as many facsimiles as the public trustee considers are necessary for the Public Trust Office’s business.

The seal and any facsimile are to be kept in the custody directed by the public trustee and may be used only as authorised by the public trustee.