Read the full review here.
EXECUTIVE SUMMARY
The Public Trustee in Tasmania can be traced back to the Office of the Curator of Intestate Estates, established by an Act of Parliament in 1853. The office first became known as the office of the Public Trustee in 1912. The work of the Office has expanded and it now plays an important role in the state interacting with a broad cross section of the community and undertaking a range of welfare roles. Importantly the Office provides Government with the source of representation and advice and professional services for Tasmanians, particularly people who are disadvantaged and whose means do not enable them to readily access legal advice and representation for the orderly management of their estates and affairs.
The scope of this Review is set in wide terms because the Government seeks reassurance that the Public Trustee is providing professional services which are delivered with integrity and understanding to the Tasmanian community and which meet the requirements of the Public Trustee Act 1930 and other applicable legislation.
Scope
The review will inquire into, report on and make recommendations in relation to the following matters:
the extent to which the Public Trustee is effectively performing its main undertakings and community service obligations with reference to relevant matters including legislative responsibilities, the current legislative framework and stakeholder feedback;
the extent to which the Public Trustee effectively meets its commitments under the “Mission, Vision and Values” statement, particularly in relation to a client service focus, with respect and integrity across all its functions;
the appropriateness of current fees and charges applied by the Public Trustee for its services, given its costs and objectives;
the appropriateness of the current Community Service Obligation Agreement between the Crown and the Public Trustee;
the financial sustainability of the entity with particular reference to ongoing changes in the number and composition of clients and commercial activities;
whether the current Public Trustee governance framework is appropriate in assisting the effective delivery of the entity’s main undertakings and any appropriate changes to current governance arrangements that may be required;
the impact that the implementation of the recommendations arising from the Tasmanian Law Reform Institute’s review of the Guardianship and Administration Act 1995 would have on the administrative and operational practices of the Public Trustee;
the potential for current operational practices to benefit from the implementation of reforms to service delivery recently implemented by similar organisations in other jurisdictions; and
any associated relevant matters to assist the review of the administrative and operational practices of the Public Trustee.
Summary of Recommendations
TasCAT hearings
1.1. The TasCAT ensure that hearings are held for the granting of all emergency orders and explain the emergency order process and outcome to the subject and his or her family and support group.
1.2. The TasCAT update the Annual Report pro forma for Administrators to include a report on section 57 duties and outcomes.
1.3 The Attorney General introduce legislation to amend the Guardianship and Administration Act 1995 in advance of implementing the recommendations of the TLRI:
- to enable TasCAT to examine the extent of a conflict of interest. I suggest adopting the provisions in the WA Legislation; and
- consider at the same time a minor amendment of the appeal provisions of the Act to incorporate the WA provisions.
Communication between the Public Trustee and Clients
The Public Trustee:
2.1. Review communications across all fields of work of the Public Trustee;
2.2. Consider the levels of service/communication required for represented persons and implement them;
2.3. Consider the appropriateness of the CAMs pooling model and settle performance standards;
2.4. Train all staff on record keeping, particularly accurate inventory recording when the Public Trustee takes possession of property; and
2.5. Consider its resourcing requirements for CSO clients in the context of the next CSO Agreement.
Files, file management and legal matters
The Public Trustee:
3.1. Improve its file management practices and recording, including resubmit/reminders; and
3.2. Review filing separation between the legal section and operational filing for the same matter.
Education and awareness
4.1. The Public Trustee develop appropriate information and presentations so that the Tasmanian community understands the various roles and powers of the Public Trustee especially:
(i) in areas of managing a represented person’s estate and
(ii) when entering an aged care facility and
(iii) more generally about the Trustee’s powers when administering a represented person’s affairs.
Stakeholder engagement
5.1. The Public Trustee engage with stakeholders and implement a Customer Reference Group to assist in the development of appropriate service initiatives and improve its services to clients.
Client services and training
The Public Trustee:
6.1. Develop a customer centric model to support the journey of all Public Trustee clients with a focus on delivering best practice in the industry so that Tasmanians feel secure in their engagement whether that be as a represented person, executor or administrator of last resort;
6.2. Provide training to staff about customer service standards and appropriate expectations as a professional trustee;
6.3. Implement a program of training for client account managers that covers the policies and procedures of the Public Trustee to better support staff; and
6.4. Develop a policy to be able to identify and triage complex matters including legal/commercial and to obtain appropriate advice to avoid delays in the administration of estates; and
6.5. (a) Expand management reporting to the Board to include a regular Board report on compliance with administrator obligations under the Guardianship and Administration Act 1995; and
(b) Include in the report under 6.5(a) a separate section which addresses performance against best practice standards for administrators.
Oversight and accountability
7.1. The Government appoint the Disability Services Commissioner to an oversight role for represented persons with a grievance.
Effective performance
C1.1 The Attorney General and Treasurer update the Public Trustee’s Ministerial Charter to reflect their expectations in respect of CSO and represented person clients and the management of funds held in trust.
C.1.2 The Public Trustee include in its Statement of Corporate Intent performance measures relating to:
- trustee industry financial performance targets;
- its obligations under the Guardianship and Administration Act 1995 Act to represented persons in respect of promoting their independence and communication in respect of their wishes;
- client satisfaction with CSO delivery; and
- its obligations under the Public Trustee Act 1930 as a manager of trust funds.
Appropriateness of fees and charges
C3.1 The Treasurer request the Tasmanian Economic Regulator to undertake a review of the Public Trustee’s fees and charges for those clients who are required by legislation to use its services.
C3.2 The Public Trustee match the fees charged to represented persons with those in the Northern Territory.
C3.3 The Public Trustee keep the Treasurer informed on the status of its request for a GST exemption for represented person fees. Appropriateness of CSO Agreement
C4.1. The Attorney General and the Treasurer review the scope of the CSO services purchased from the PT where there appears to be private sector provision such as for the administration of estates under $60k.
C4.2. The Public Trustee include performance indicators relating to the quality of client service provided in the next CSO agreement.
C4.3. The Attorney General and the Treasurer fully fund the Public Trustee’s net avoidable costs of service provision in the next CSO agreement, with funding escalation to reflect demand growth.
C4.4. The counterparty to the next CSO agreement should be the Minister for Community Services supported by the proposed Tasmanian Disability Commissioner.
Appropriate governance
C6.1. The Attorney General and the Treasurer retain the existing GBE model for the Public Trustee and use the performance framework in the Government Business Enterprises Act 1995 to improve service delivery to its CSO clients and represented persons.
Read the full review here.
Media release – Elise Archer, Attorney-General, Minister for Justice, 1 December 2021
Independent Review into the Public Trustee
The Tasmanian Government welcomes the Report of the Independent Review into the administrative and operational practices of the Public Trustee, released today as promised.
The Review was undertaken by Damian Bugg AM QC, following the announcement on 10 June 2021 that an Independent Review would be carried out, in response to concerns raised by the community and clients around how their cases have been dealt with by the Public Trustee.
Mr Bugg delivered the report to Government on 30 November 2021, and I thank him for this important and timely work that was conducted in a comprehensive and consultative manner.
While some of the findings may be tough to hear, they are an opportunity to continue to improve the processes and systems of the Public Trustee and provide for a better client focus in order to meet its statutory obligations and community expectations into the future. This is particularly important in its work with vulnerable Tasmanians, at what can be the most difficult time in their lives.
It is critical to ensure the community maintains confidence in this vital service, and I can assure everyone that our Government will act on the findings and recommendations to make any necessary improvements.
The Report contains 28 recommendations and we will now take the time to consider these, along with the Report, in full before responding further.
The Final Report, along with the Terms of Reference of the Review, are available at https://www.justice.tas.gov.au/news_and_events/review-of-the-public-trustee.
Ella Haddad MP, Shadow Attorney-General, 3 December 2021
No comfort for Tasmanians being let down by the Public Trustee
Today’s Public Trustee GBE hearing was full of spin and bluff, with scant regard shown for the reality of what people they are meant to be caring for are routinely put through.
Shadow Attorney-General Ella Haddad said results of the review into the Trustee had confirmed what Tasmanians already knew and that is for decades the Public Trustee has been failing them.
“We hear harrowing stories every day through our offices and that have come to light in the media. Many more have been revealed through the review,” Ms Haddad.
“Mr Bugg was clear in his findings – for 26 years, the Public Trustee has genuinely misunderstood their duties as an administrator under the Act.
“Today, when the committee asked for straight forward information on processes – things like record keeping and communication and support for clients, they were dismissively told there are policies in place and clients can check websites.
“Clearly any policies have been routinely ignored for years. With many of the recommendations of the review being put back on the Public Trustee to self-implement, how can Tasmanians have any confidence things will improve?”
Ms Haddad said Attorney-General Elise Archer told the committee she will carefully consider the recommendations and seek funding in next year’s budget, however that is way too late.
“If the Attorney is serious about making real change she needs to find immediate emergency funding.
“The way representatives spoke in estimates today was deeply disrespectful to clients. With all that has come to light recently and in the review, they knew the amount of scrutiny they would be under, yet they turned up to the hearings today without answers.
“The Attorney-General continues to express her confidence in the board and the organisation to change, but this is very worrying given everything that has come to light.”
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