Trusts Bill 2025
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Vote on a motion
Vote on whether to declare the Trusts Bill 2025 urgent with the Justice, Integrity and Community Safety Committee required to report by 7 March 2025. The Opposition opposed this on procedural grounds, arguing it circumvented proper consultation processes.
The motion was agreed to.
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 (50)
Noes (36)
▸1 procedural vote
Vote to grant leave
Vote on whether to grant leave for the Attorney-General to move a motion without notice to declare the Trusts Bill urgent and set a truncated committee reporting deadline of 7 March 2025.
Permission was granted.
A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.
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Ayes (51)
Noes (35)
Referred to Justice, Integrity and Community Safety Committee
The Justice, Integrity and Community Safety Committee examined the Trusts Bill 2025 under an urgent timeframe, receiving five submissions and holding a public briefing and hearing on 3 March 2025. The Bill replaces the Trusts Act 1973 with modernised trust law, building on the Queensland Law Reform Commission's 2013 review and the lapsed Trusts Bill 2024 from the previous parliament. The committee endorsed the former Housing Committee's report on the 2024 Bill and focused its examination on provisions that had changed. The committee unanimously recommended the Bill be passed, finding it compatible with human rights and fundamental legislative principles.
Key findings (5)
- The Bill modernises and replaces the Trusts Act 1973, informed by the Queensland Law Reform Commission's review completed in December 2013 and the lapsed Trusts Bill 2024.
- The committee endorsed the former Housing, Big Build and Manufacturing Committee's report on the 2024 Bill and limited its examination to provisions that differed from the earlier version.
- Stakeholders raised concerns about clause 22 (replacement of trustees with impaired capacity), particularly the interaction between trustee appointment powers and duties under the Guardianship and Administration Act 2000 and Powers of Attorney Act 1998.
- The Queensland Law Society proposed amendments to clause 44 regarding renunciation of probate and its effect on trusteeship of further trusts established under a will, which the Department of Justice agreed to consider.
- Clauses 212 to 215 on charitable ancillary funds were updated to include regulation-making powers following Queensland Law Society feedback about avoiding unintended consequences for charitable trust status under Commonwealth law.
Recommendations (1)
- The committee recommends that the Bill be passed.
▸1 procedural vote
Vote on whether a member could speak
The member was not allowed to speak.
A vote on whether a specific member should be allowed to continue speaking.
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Ayes (31)
Noes (50)
▸22 members spoke20 support2 mixed
Spoke in favour of modernising trust law, emphasising the need for transparency and accountability in trust administration. Declared his own interest as a trust beneficiary.
“This bill is not just a technical adjustment to outdated laws; it is a vital safeguard for public trust and the integrity of our institutions.”— 2025-05-01View Hansard
Acknowledged the bill is important and uncontentious in substance, but strongly criticised the rushed committee process — only 2.5 weeks to review a 221-page bill replacing the Trusts Act 1973, despite the QLRC review being completed 12 years ago. Used the bill to criticise the government's lack of a legislative agenda.
“It is the kind of legislation that is likely to stick around with us for a very long time and it is one of those areas of law that does not tend to matter to you until it does and then it really matters; the detail matters.”— 2025-04-30View Hansard
As Attorney-General, introduced and moved the bill to modernise the Trusts Act 1973, noting it delivers reforms based on over a decade of consultation and Queensland Law Reform Commission recommendations.
“This legislation has needed to be changed for a very long time. The people in the world today who are so excited are the Queensland trusts lawyers who genuinely have been awaiting this change.”— 2025-03-14View Hansard
Strongly supported the bill as a long overdue modernisation of Queensland trust law, noting the QLRC review began under the former LNP government in 2012-13.
“The Crisafulli government is finally beginning to deliver a modern and updated Trusts Act more than 10 years after the process began.”— 2025-05-01View Hansard
Strongly supported the bill as important micro-economic reform, highlighting the modernised trustee duties and powers, the expanded District Court jurisdiction for trust disputes, the clarification of charitable trust modifications, and the new regulation-making power for eligible recipients. Criticised the former Labor government for leaving the QLRC recommendations unimplemented for over a decade.
“It is about getting those one percenters that together drive more productivity and more opportunity that feeds the prosperity of ordinary households. It is yet another piece in the puzzle of setting the conditions for the economic growth and the success of this state.”— 2025-04-30View Hansard
As shadow Attorney-General, confirmed the opposition supports the bill which builds on legislation introduced by the former Labor government, though criticised the use of urgency motions to truncate consultation.
“The opposition has no intention of standing in the way of sensible legislation. We support the intention of this bill and support these changes being effected. We will not impede progress of legislation for partisan gain.”— 2025-03-14View Hansard
Supported the bill as necessary to ensure trusts are administered transparently, while raising concerns about disclosure requirements for those in public office.
“At a time when public trust is fragile, we need modern trusts law that ensure trusts are administered transparently for the benefit of the beneficiaries of the trust.”— 2025-05-01View Hansard
Acknowledged the bill rewrites and modernises Queensland's trust law following the QLRC review, but strongly criticised the government's consultation process — only three business days for stakeholders to review a 221-page bill with no page-by-page comparison to the lapsed 2024 version. Quoted STEP's criticism that the timeframe was 'so short as to be illusory' and called for at minimum four weeks' consultation.
“The bill has been over a decade in the making, hence there is no reason to rush now at the last moment.”— 2025-04-30View Hansard
As chair of the Justice, Integrity and Community Safety Committee, noted the committee recommended the bill be passed and praised the long-overdue modernisation of trust law in Queensland.
“I am proud to be part of a Crisafulli government introducing this bill early in our term. The extensive work and consultation that have already taken place are evident in every provision of this legislation.”— 2025-03-14View Hansard
Supported the bill as important for family and small businesses, criticising Labor's decade of inaction on trust law reform.
“Queenslanders who use trusts can have confidence knowing that the Crisafulli government has stepped up where Labor sat on its hands for years.”— 2025-05-01View Hansard
Spoke in explicit support of the bill, describing it as a significant and long-overdue reform that replaces the outdated Trusts Act 1973 with a modern, simplified and accessible framework. Emphasised the bill's three core aims of modernisation, simplification, and legal clarity, and noted that Australians deserve confidence that trusts are administered transparently in beneficiaries' genuine interests.
“For too long, Queensland has operated under the Trusts Act 1973, legislation that, while once adequate, has over the decades become outdated, overly complex and increasingly misaligned with contemporary legal, financial and social contexts.”— 2025-04-30View Hansard
Supported the bill as necessary modernisation of trust legislation that has remained unchanged for 50 years, praising the Crisafulli government for delivering long overdue reforms.
“The Trusts Bill 2025 builds upon extensive consultation and broad support from legal experts, charitable organisations and trustees.”— 2025-03-14View Hansard
Supported the bill as essential to modernising Queensland's trust laws, praising the government for acting swiftly on long overdue reforms.
“This bill brings Queensland's trust laws into the 21st century, providing greater clarity, efficiency and fairness for trustees, beneficiaries and all stakeholders involved in trust management.”— 2025-05-01View Hansard
Supported the bill as a critical modernisation of trust law that addresses stakeholder concerns and provides clarity for trustees and legal professionals.
“There is no reason to stand in the way of these reforms. The Trusts Bill 2025 is a product of extensive consultation and it is time for it to be passed into law.”— 2025-03-14View Hansard
Supported the bill while raising questions about the terminology change from 'bankrupt' to 'insolvent under administration' and potential unintended consequences.
“The change in terminology from 'bankrupt' to 'insolvent under administration' is to deal with those people who should not be given the responsible role of being a trustee in this state.”— 2025-05-01View Hansard
Confirmed the opposition will vote to support the bill, noting it has unanimous endorsement across parliament, while criticising the government for not passing it sooner despite declaring it urgent.
“As the shadow attorney has made incredibly clear, the opposition will be voting to support the passing of this bill this evening.”— 2025-03-14View Hansard
Spoke in support of the bill as a landmark reform that will ensure trust laws remain robust, transparent and fair.
“This bill is a crucial step in ensuring our legal and financial systems remain robust, transparent and fair, benefiting all Australians.”— 2025-05-01View Hansard
Strongly supported the bill as necessary reform for the many small and family businesses that use trusts for asset protection and tax planning, praising the Attorney-General for prioritising the legislation.
“After 10 years of Labor's deferral, dithering and procrastination, it is time for reform of our trust legislation.”— 2025-03-14View Hansard
As Attorney-General, moved the bill and thanked both government and opposition for bipartisan support. Addressed the Kable doctrine amendment to preserve court independence.
“This bill is a once-in-a-generation reform, bringing 18th and 19th century legal concepts into the 21st century with modernised, plain English drafting.”— 2025-05-01View Hansard
Supported the bill as overdue reform that the former government failed to complete, praising the committee process and the 12-month lead time to prepare Queenslanders for changes.
“The Crisafulli government is now doing the work that should have been done when Labor came to power a decade ago—introducing this bill, now called the Trusts Bill 2025, early in the term—because Queenslanders have waited long enough for these long overdue reforms.”— 2025-03-14View Hansard
Supported the bill as essential modernisation of trust law that has evolved since medieval times, explaining the historical origins of trusts and the need to update antiquated rules including the rule against perpetuities.
“The objective of the Trusts Bill brought in by our dynamic and hardworking Attorney-General is to replace the act. In less time than it takes a Labor Party member to change factions... the Attorney-General has introduced a Trusts Bill that modernises the last 50 years of legislation here in Queensland.”— 2025-03-14View Hansard
Supported the bill as important reform for the many Queenslanders who use trusts for charitable purposes, tax obligations, asset protection and providing security for family members with impaired decision-making capability.
“The Trusts Bill 2025 provides a fresh start to all Queenslanders who have a trust, all Queenslanders who are a trustee and all Queenslanders who are a beneficiary of a trust.”— 2025-03-14View Hansard
Plain English Summary
Overview
This bill replaces Queensland's 50-year-old trust law with modern legislation. It clarifies the powers and duties of trustees, makes it easier to replace trustees who die or become incapacitated, and gives beneficiaries clearer rights to see how their trust is being managed.
Who it affects
Anyone involved with trusts in Queensland, including trustees, beneficiaries of family trusts, charitable organisations, and legal professionals who advise on trust matters.
Key changes
- Trustees now have the powers of an absolute owner of trust property, subject to their duties
- Statutory duties codified: trustees must act with care and skill, honestly and in good faith, and keep proper records
- Children, insolvents, and people disqualified by a court cannot be appointed as trustees
- Administrators or attorneys can appoint replacement trustees when the last trustee has impaired capacity, without going to court
- Capital available for beneficiaries' maintenance and education increased from $2,000 to $100,000 (indexed to inflation)
- Attorney-General can approve changes to smaller charitable trusts instead of requiring Supreme Court proceedings
- District Court can now handle trust disputes within its monetary limit