AGY-28 | Public Trust Office / Public Trustee

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The Public Trustee Act of 1913 (Act No 19, 1913) abolished the office of Curator of Intestate Estates (1) and established the office of the Public Trustee. (2) The functions of the Curator were taken over by the Public Trustee from 1 January 1914. (3)

According to the Public Trustee Act of 1913 the Public Trustee exercised the following administrative functions:
. to act as a trustee under a will, or marriage or other settlement; (4)
. as executor or administrator of a will; (5)
. as administrator under a will where the executor declines to act, dies or is absent from the State; (6)
. as administrator of intestate estates; (7)
. and as agent or attorney for any person who authorises him so to act. (8)

The Public Trustee was able to act as manager, guardian, or receiver of the estate of an insane or incapable person, as guardian or receiver of the estate of an infant, or as receiver of any other property. (9) The Public Trustee was a corporation sole with perpetual succession and a seal of office, (10) and was subject to the control and orders of the Supreme Court.

The Public Trustee also administered the funds vested in him under the Destitute Children's Society (Vesting) Act, 1916 (Act No.82, 1916). (11) The Local Government Act of 1919 (Act No.41, 1919) gave the Public Trustee the power to sell land for local councils for rates which had been overdue for 7 years. (12) In November 1934 the Companies (Receiver & Manager) Act 1934 (Act No.21, 1934) placed the investigation of a Royal Commission in the hands of the Public Trustee. In 1935 it was appointed as liquidator of the same companies. (13)

The Public Trustee had responsibilities under The National Relief Fund Act 1914 (Act No.19, 1914) (14), and became ex-officio the Commissioner of Dormant Funds by the Dormant Funds Act, 1942 (Act No.25, 1942). (15)

The first regional branch was opened on 1 July 1946 at Broken Hill. (16) By 1971 the Public Trust Office conducted branch offices at Broken Hill, Newcastle, Wollongong, Lismore Parramatta, Kogarah, Liverpool, Bankstown, and Gosford. (17)

The Public Trust Office was abolished by the Public Sector Employment and Management Act (Public Trust Office) Order 2003 on 24 September 2003. (18) However the statutory office of Public Trustee under the Public Trustee Act 1913 was not abolished at this time and the functions carried out by the Public Trustee continued to be carried out by staff from the former Public Trust Office who were transferred to the Attorney General's Department. (19)

From 1 July 2009 under the NSW Trustee and Guardian Act 2009 (Act No.49, 2009) the office of the Public Trustee was abolished. (20)

Endnotes
1. Public Trustee Act, 1913 s.4.
2. Ibid. s.5.
3. Ibid. s.13.
4. Ibid. s.13.
5. Ibid. s.18.
6. Ibid. s.19.
7. Ibid. s.23.
8. Ibid s.12.
9. Ibid s.18.
10. Ibid s.7.
11. Destitute Children's Society (Vesting) Act, 1916, s.3.
12. Local Government Act, 1919 s.602
13. Companies (Receiver & Manager) Act,, 1934 ss.2-15.
14. National Relief Fund Act 1914, s.3.
15. Dormant Funds Act 1942 , s.4(2).
16. Annual Report of the Public Trustee for the year ended 1946 p. 2 Reproduced in NSW Parliamentary Papers 1946-47, p.298.
17. Public Trustee, Annual Report, 1971.
18. Attorney General and Justice "Outline", 1971 p. 53 [copy on AG 28 file].
19. Public Sector Employment and Management Act (Public Trust Office) Order 2003; NSW Government Gazette No.154, 26 September 2003, p.9626.
20. NSW Trustee and Guardian Act 2009 (Act No.49, 2009) Sch.1 cl.10(1); notified on NSW Legislation Website (2009 No.305), 1 July 2009.

References
(1) Kass, Terry, "An Outline History of the Public Trustee of New South Wales - Final Report". April 1996. [copy on AG 28 file]
(2) NSW Government Directory, 1977/8-1996.
(3) Public Trustee Annual Report, 1994.