Public Trustee (Advisory and Monitoring Board) Amendment Bill 2021
Plain English Summary
Overview
This bill creates an independent advisory and monitoring board to oversee the Public Trustee of Queensland. It responds to the Public Advocate's 2021 report which found the Public Trustee needed greater transparency and accountability in how it manages the financial affairs of vulnerable Queenslanders, particularly people with impaired decision-making capacity.
Who it affects
People who have the Public Trustee appointed to manage their finances or legal matters, and their families. This particularly includes adults with impaired decision-making capacity and seniors.
Key changes
- Establishes a Public Trustee Advisory and Monitoring Board as an independent oversight body
- Board will monitor Public Trustee performance, review complaints handling, and recommend improvements to the Minister
- Membership includes five senior public servants and four to five appointed experts in finance, disability advocacy, law, and human resources
- At least one appointed member must be an Aboriginal or Torres Strait Islander person
- Strict confidentiality rules apply, with penalties of up to 200 penalty units for disclosing personal information
- Board activities must be reported in the Public Trustee's annual report
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee28 Oct 2021 – 11 May 2022View Hansard
Referred to Legal Affairs and Safety Committee
Vote on a motion
Second vote on the same LNP amendments to the annual report amendment, confirming the defeat of Mr Nicholls's amendments seeking stricter 30-day reporting timelines and additional transparency requirements for the Public Trustee board.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (33)
Noes (49)
▸1 procedural vote
Vote to grant leave
Vote on whether to grant leave for Greens member Mr Berkman to move an amendment outside the long title of the bill. Both ALP and LNP voted against granting leave, with only crossbench members (Greens, KAP, PHON) voting in favour. The amendment was blocked.
Permission was refused.
A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.
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Ayes (5)
Noes (77)
▸Second Reading10 May 2022 – 11 May 2022View Hansard
▸22 members spoke10 support12 mixed
Acknowledged the need for Public Trustee reform but criticised the bill as a missed opportunity, arguing the advisory-only board lacks governance power to direct the Public Trustee or the minister, and the reporting requirements are insufficient.
“By being only advisory in its nature and with no governance power, this newly established board will not have the power to direct the Public Trustee or the minister.”— 2022-05-11View Hansard
As Attorney-General, moved the second reading and defended the bill as implementing key recommendations from the Public Advocate's report to improve oversight of the Public Trustee.
“The bill will establish an advisory and monitoring board to provide strategic advice and monitor the Public Trustee's operations.”— 2022-05-10View Hansard
Supported the bill as an important step in reforming the Public Trustee, emphasising the need for oversight and accountability for vulnerable Queenslanders under administration.
“This bill is an important step towards addressing the issues identified by the Public Advocate.”— 2022-05-11View Hansard
Supported the objectives of improving Public Trustee oversight but heavily criticised the bill as 'window-dressing' and a 'toothless tiger' that fails to provide genuine independent oversight or address systemic issues.
“This is window-dressing. This is a toothless tiger designed to give the impression of doing something without actually doing anything at all.”— 2022-05-10View Hansard
Supported the establishment of the board but expressed concerns that the bill does not go far enough to address the full scope of the Public Advocate's 32 recommendations.
“This legislation that is before the Queensland parliament seeks to implement recommendation 30 of the Public Advocate's report.”— 2022-05-11View Hansard
As chair of the Economics and Governance Committee, outlined the committee's examination of the bill and its recommendation that the bill be passed.
“The committee recommends that the Public Trustee (Advisory and Monitoring Board) Amendment Bill 2022 be passed.”— 2022-05-10View Hansard
Supported the bill as chair of the committee that examined it, highlighting the need for independent oversight of the Public Trustee.
“This bill establishes the Public Trustee Advisory and Monitoring Board which will provide independent and effective oversight over the Public Trustee.”— 2022-05-11View Hansard
Declared his family's dealings with the Public Trustee and expressed concern about the board's independence and the risk of adding another layer of bureaucracy without genuine accountability.
“I have some real concerns about whether this board will be truly independent or just another layer of bureaucracy.”— 2022-05-10View Hansard
Criticised the bill as still fluffing around the edges of the tough issues, shared the story of constituent Sue Nunn whose family had $80,000 ripped from them by the Public Trustee, and argued the conflict of interest in self-funding had not been fundamentally addressed.
“To suggest that a board alone is going to bring about the necessary changes is naive. It is only an advisory board.”— 2022-05-11View Hansard
Spoke in favour of the bill, highlighting the importance of protecting vulnerable Queenslanders who rely on the Public Trustee.
“This bill is about ensuring that those who are most vulnerable in our community have the protections they deserve.”— 2022-05-10View Hansard
Supported the bill, highlighting the importance of establishing an oversight mechanism to improve the Public Trustee's transparency and accountability.
“I rise to support the Public Trustee (Advisory and Monitoring Board) Amendment Bill 2021.”— 2022-05-11View Hansard
Supported the bill but argued it was manifestly inadequate, implementing only one of 32 recommendations from the Public Advocate's report. Moved an amendment requiring six-monthly reporting.
“This bill implements just one of 32 recommendations. It is manifestly inadequate.”— 2022-05-10View Hansard
Supported the need for the board but criticised the bill for implementing only one of the Public Advocate's 32 recommendations and for lacking sufficient transparency in reporting requirements.
“There were 10 recommendations in the Public Advocate report for the government to take up, but we are here debating one of those.”— 2022-05-11View Hansard
As Minister for Seniors, spoke in support of the bill, emphasising the importance of proper oversight for the Public Trustee's role in protecting vulnerable older Queenslanders.
“The Public Trustee plays a critical role in the lives of many seniors across Queensland, and this board will help ensure that role is fulfilled properly.”— 2022-05-10View Hansard
Supported the bill as an important measure to provide oversight and accountability for the Public Trustee.
“The bill establishes the Public Trustee Advisory and Monitoring Board.”— 2022-05-11View Hansard
Acknowledged the bill takes a small step towards reform but argued it goes nowhere near the scale of reform needed, highlighting the perverse incentive of self-funding and sharing constituent stories of the Public Trustee contesting wills it helped prepare.
“This bill takes a small step towards reforming how the Public Trustee operates. Unfortunately, it goes nowhere near the scale of reform needed to establish the kind of fair, caring and ethical system needed to support vulnerable Queenslanders.”— 2022-05-11View Hansard
Expressed support for the principle of oversight but criticised the bill as inadequate, arguing the advisory-only board needs governance power and stronger reporting requirements.
“The government had to be guided by the committee's recommendations to strengthen this bill.”— 2022-05-11View Hansard
Supported the need for reform but criticised the bill as not going far enough, sharing stories of constituents impacted by the Public Trustee's practices.
“The Public Trustee has a significant role in our society and one in which it is placed in an utmost position of trust.”— 2022-05-11View Hansard
Agreed that the establishment of the board alone is not sufficient to address the numerous issues raised by the Public Advocate's report, but supported the bill as a step in the right direction.
“Queensland Advocacy Incorporated submitted that the establishment of the board alone is not sufficient to address the numerous issues of concern raised by the Public Advocate's report. I agree.”— 2022-05-11View Hansard
In reply as Attorney-General, defended the bill as an important step in the reform process, noting the Public Trustee has been on a significant reform journey under new leadership and that the remaining eight government recommendations are being considered.
“The government is absolutely committed to ensuring vulnerable Queenslanders are supported and protected when they need it most.”— 2022-05-11View Hansard
Supported the principle of the bill but criticised it as insufficient, arguing the board needs genuine governance powers rather than just an advisory role.
“The board needs to be able to direct the Public Trustee, not just advise.”— 2022-05-11View Hansard
Supported the bill as establishing important oversight for the Public Trustee to improve transparency and accountability for vulnerable Queenslanders.
“This bill establishes the Public Trustee Advisory and Monitoring Board.”— 2022-05-11View Hansard
▸In Detail11 May 2022View Hansard
Insert new commencement clause providing that the Act commences on a day to be fixed by proclamation, rather than on assent, to allow time for board member recruitment.
Increase appointed board membership from 4-5 to 5-6 members, require at least one board member to have experience living with impaired capacity (including as a carer or family member), increase quorum from 3 to 4 members, and define 'carer' and 'paid carer' for eligibility purposes.
Insert annual reporting requirement for the board to prepare a written report on its functions after each financial year, including details of advice and recommendations made to the minister and Public Trustee, with the minister required to table it within 14 sitting days.
Amend the government's annual report amendment to require reporting within 30 days (not 'as soon as practicable'), include the board's performance of each function and expenditure, and require the minister to table within 30 calendar days (not 14 sitting days).
That the amendments to the amendment be agreed to
Vote on LNP amendments moved by Mr Nicholls to the Attorney-General's annual report amendment, seeking to require the board to report within 30 days (rather than 'as soon as practicable'), include performance against each function and expenditure details, and require the minister to table within 30 days (rather than 14 sitting days). The LNP amendments were defeated with KAP and PHON supporting but Greens and ALP opposing.
The motion was defeated.
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Ayes (33)
Noes (49)
Omit clause 5, removing transitional reporting provision that was superseded by the new annual reporting amendment.
Supported the principle of the bill but argued it needed strengthening, particularly on reporting timelines, and supported the shadow Attorney-General's amendments for 30-day reporting.
“I do not believe that we on this side of the House can have confidence that it will not be sometime later in the year.”— 2022-05-11View Hansard