Public Trustee Act 1978

When the public trustee is manager of the estate of a prisoner under this part the public trustee shall have full power to deal with any property of the prisoner and to acquire any property for or on behalf of the prisoner and generally may do all such things in relation to property, on behalf of and in the name of the prisoner, as the prisoner could do if the prisoner were not a prisoner; and in particular—

the public trustee may in the name and on behalf of the prisoner execute all such assurances and take all such proceedings as the public trustee considers desirable and the same force and effect shall be given thereto as if executed or taken by the prisoner and no registering or recording of the public trustee’s authority so to do shall be necessary; and

the public trustee may cause payment or satisfaction to be made of any debt or liability of the prisoner which is established in due course of law or otherwise to the public trustee’s satisfaction and may cause any property which comes into the public trustee’s hands to be delivered to any person claiming to be justly entitled thereto if the right of such person is established in due course of law or otherwise to the public trustee’s satisfaction; and

the public trustee may cause such payment or other satisfaction to be made out of the property of the prisoner as the public trustee thinks fit by way of compensation for any loss or injury alleged to have been suffered by any person through any alleged criminal or fraudulent act of the prisoner; and

the public trustee may, in such manner as the public trustee considers fit, apply any property of the prisoner for the maintenance or benefit of the prisoner or the prisoner’s spouse or any child (including an exnuptial child) of the prisoner or any person wholly or partially dependent upon the prisoner; and

where a prisoner is registered as proprietor of or is entitled to an estate in any land—a registering authority shall, at the request of the public trustee, record on the register relating to such land a memorial of the fact that the public trustee is authorised to manage the estate of the prisoner; and

the public trustee may, in the public trustee’s corporate name or in the name of the prisoner, institute any proceedings of a property nature or for the recovery of any debt or damage which the prisoner might have instituted but for the provisions of this part, and in like manner defend any proceedings instituted against the prisoner and, in either case, may enter into such compromise or arrangement as the public trustee thinks fit.

All action taken by the public trustee under this part shall be binding on the prisoner and the propriety thereof and the sufficiency of the grounds on which the public trustee may have acted shall not be in any manner called in question by the prisoner or any other person.

The public trustee shall not be liable for any injury, damage or loss sustained by any other person in relation to any action taken or omitted by the public trustee as manager of the estate of a prisoner under this part, but that estate shall be liable therefor.

The various powers conferred on the public trustee by this section may be exercised by the public trustee in such order and course as to priority of payments or otherwise as the public trustee thinks fit.

The reference in subsection (1)(d) to the prisoner’s spouse includes a reference to—

if the prisoner was already imprisoned when this subsection commenced—a person who would have been, immediately before the prisoner was imprisoned, the prisoner’s de facto partner had the Acts Interpretation Act 1954, section 32DA been in force; or

otherwise—a person who was, immediately before the prisoner was imprisoned, the prisoner’s de facto partner or civil partner.