AGY-6368 | NSW Trustee and Guardian

Full description

NSW Trustee and Guardian was established on 1 July 2009 under the NSW Trustee and Guardian Act 2009 (Act No.49, 2009) as a corporation. (1) The NSW Trustee and Guardian replaced the former Public Trustee and the former Protective Commissioner. (2) NSW Trustee and the Guardian may be referred to as 'NSW Trustee'. (3) A Chief Executive Officer of NSW Trustee and Guardian may be appointed. (4)

The NSW Trustee may be appointed to and act in any of the following capacities:
(a) trustee,
(b) executor or administrator,
(c) collector of estates under an order to collect,
(d) agent or attorney,
(e) guardian or receiver of the estate of a minor,
(f) receiver of any other property.

The NSW Trustee may be appointed to and act in the capacity of a financial manager of the estate of a managed person.

The NSW Trustee may prepare wills and carry out professional services in connection with wills, probate and administration. The NSW Trustee, if appointed to act in a trust or protective capacity:
(a) has the same liabilities, and
(b) is entitled to the same rights and immunities, and
(c) is subject to the same control and orders of any court, as a private person acting in the same capacity. (5)

The Public Guardian has the following functions:
(i) provision of information and referrals to people appointed as private and enduring guardians,
(ii) provision of information to the community on guardianship and the alternatives,
(iii) management of restrained and forfeited assets and pay the proceeds from realisation of those assets to NSW Treasury,
(iv) management of victim support payments for people who were either under 18 years of age or could not be located at the time the application for support was granted,
(v) holding funds on an ‘at-call’ basis in the common funds as directed by courts,
(iv) acting as nominal title holder of all assets of the people of New South Wales from the time of their death until grant of probate or administration. (6)

From 25 June 2018 changes were made to the structure of the NSW Trustee and Guardian. The organisation was headed by the Chief Executive Officer with the following divisions: NSW Trustee Service Delivery; Financial Performance & Investments; Legal and  Professional Services; Strategy & Governance; Information & Technology; Communications & Engagement; and, Office of the Public Guardian. (7) During 2018-19 Executive Operations was added to the organisation structure. This new business unit supported the Chief Executive Officer manage operational aspects of decisionmaking and issues management across the NSW Trustee and Guardian. The unit was also responsible for facilities management across all NSW Trustee and Guardian locations. (8) By mid 2020 executive operations and facilities management comprised the Office of the CEO. (9)

From 22 November 2019 the NSW Trustee and Guardian's functions were amended to include that:
(3A) The NSW Trustee may prepare instruments that create enduring guardianship appointments and carry out professional services in connection with the preparation of the instruments; and
(3B) The NSW Trustee may prepare instruments that create powers of attorney and carry out professional services in connection with powers of attorney. (10)

By mid 2021 the NSW Trustee and Guardian consisted of: Trustee Services; Strategy & Governance; Legal & Professional Services; Customer Experience; Information & Technology; Office of the CEO; Financial Performance & Investments; and, Public Guardian. (11)

By mid 2022 the divisions reporting to the CEO were: Estate Management; Estate Planning & Administration; Strategy, People & Governance; Legal & Professional Services; Customer Experience; Information & Technology; Office of the CEO; Financial Performance & Investments; and, NSW Public Guardian. (12)

NSW Trustee and Guardian reported to the Department of Communities and Justice. (13)

As of October 2023 NSW Trustee and Guardian had offices at Lismore, Port Macquarie, Newcastle, Broken Hill, Bathurst, Gosford, Wollongong, Wagga Wagga, Sydney CBD, Surry Hills and Parramatta. (14)

Endnotes
1. NSW Trustee and Guardian Act 2009 (Act No.49, 2009) s.5.
2. NSW Trustee and Guardian Act 2009 (Act No.49, 2009) Sch.1 cl.10(1); NSW Legislation Website (2009 No.305), 1 July 2009.
3. Ibid. s.3.
4. Ibid. s.7.
5. Ibid. s.11.
6. NSW Trustee and Guardian, Annual Report, 2020-2021, p.7.
7. NSW Trustee and Guardian, Annual Report, 2017-2018, p.11.
8. NSW Trustee and Guardian, Annual Report, 2018-2019, p.7.
9. NSW Trustee and Guardian, Annual Report, 2019-2029, p.7.
10. Justice Legislation Amendment Act (No 2) 2019 (Act No.20, 2019) Sch.1.17[1], inserting NSW Trustee and Guardian Act 2009, ss.3A and 3B.
11. NSW Trustee and Guardian Annual Report, 2020-2021, p.13.
12. NSW Trustee and Guardian, Annual Report, 2021-2022, p.11.
13. NSW Trustee and Guardian, Annual Report, 2020-2021, p.iii.
14. NSW Trustee and Guardian website, Office locations, https://www.tag.nsw.gov.au/office-locations (accessed 4 October 2023).