Public Trustee Act 1978

Unless the court in any particular case otherwise orders, the public trustee, as administrator of any unclaimed property, may in respect of the unclaimed property and any money received in respect of it—

exercise, as if the unclaimed property were vested in the public trustee, all powers which as trustee the public trustee can exercise under this Act or any other Act or law in respect of trust property; and

pay any debts owing by the owner; and

apply the same or part thereof for the maintenance or benefit of the spouse or any child (including an exnuptial child) of the owner, or any person who is, or was, wholly or partially dependent upon the owner; and

complete and carry out, or enforce, in such manner as the public trustee may think fit, any contract affecting the unclaimed property or entered into by the owner, and exercise any powers pursuant to such contract.

The court may confer on the public trustee as such administrator such other powers as it considers expedient.

The public trustee may, as administrator of any unclaimed property, execute and do all such assurances and things as the public trustee may think necessary for effectuating any of the powers conferred on the public trustee pursuant to this division, and all assurances and things so executed and done shall have the same force and effect as if executed or done by the lawful owner of the property not under a disability, no registration or recording of the authority of the public trustee shall be necessary and no court, registering authority or other person shall be concerned to see or inquire whether power to execute or do such assurance or thing had or had not become exercisable.

Where the public trustee is administrator of any unclaimed property the public trustee shall, subject to any direction of the court, have a complete discretion as to whether or not the public trustee exercises any of the powers conferred on the public trustee by or under this division, and shall not be liable for anything done or omitted to be done by the public trustee in good faith in the exercise of that discretion or power.

The reference in subsection (1)(c) to the spouse of the owner includes a reference to—

if the last known contact with the owner happened before this subsection commenced—a person who would have been, when the last known contact happened, the owner’s de facto partner had the Acts Interpretation Act 1954, section 32DA been in force; or

otherwise—a person who was, immediately before the last known contact with the owner happened, the owner’s de facto partner or civil partner.