Public Trustee (Advisory and Monitoring Board) Amendment Bill 2021
Plain English Summary
Overview
This bill creates a new independent board to oversee Queensland's Public Trustee, which manages the financial and legal affairs of vulnerable people. It was introduced after the Public Advocate found significant issues with the Public Trustee's fees, charges and practices in a 2021 review.
Who it affects
People with impaired decision-making capacity who rely on the Public Trustee, their families, and seniors using Public Trustee services for powers of attorney or estate management.
Key changes
- Creates a Public Trustee Advisory and Monitoring Board to independently oversee the Public Trustee's performance
- Board must monitor complaints about the Public Trustee and review how they are handled
- Board can advise the Minister on changes to legislation, policies and practices to improve services for vulnerable clients
- Board must include members with expertise in finance, disability advocacy, law, and human resources, plus at least one Aboriginal or Torres Strait Islander member
- Public Trustee's annual report must include information about the board's activities
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee28 Oct 2021View Hansard
Referred to Legal Affairs and Safety Committee
The Community Support and Services Committee examined the Public Trustee (Advisory and Monitoring Board) Amendment Bill 2021 and tabled its report in January 2022. The committee recommended the bill be passed, with two additional recommendations: adding a board member with lived experience of impaired decision-making capacity, and requiring the Board to table a separate annual report in Parliament. The Queensland Government accepted all three recommendations and moved amendments during consideration in detail.
Key findings (5)
- The bill proposes to establish an Advisory and Monitoring Board to provide additional oversight over the Public Trustee, enhancing transparency and public accountability.
- Stakeholders including Queensland Advocacy Incorporated and the Queensland Law Society broadly supported the bill but raised concerns about the composition of the Board and the need for lived experience representation.
- The committee found that requiring the Board to produce a separate annual report, rather than including it in the Public Trustee's own report, would strengthen the Board's independence.
- Queensland Advocacy Incorporated recommended increasing the minimum frequency of Board meetings beyond three per year, given the breadth of the Public Trustee's services and the scale of reform required.
- The Queensland Government accepted all of the committee's recommendations and moved amendments to the bill during consideration in detail.
Recommendations (3)
- The committee recommends the Public Trustee (Advisory and Monitoring Board) Amendment Bill 2021 be passed.
- The committee recommends that clause 4, new section 117ZD (Appointed Board Members), be amended to add another appointed Board member with lived experience of impaired decision-making capacity, increasing the number of Board members by one.
- The committee recommends that the Bill be amended at clause 5, new section 141B, to ensure a separate annual report of the Board of the Public Trustee be provided to the Minister and tabled in the Queensland Legislative Assembly.
Committee report tabled
▸Second Reading10 May 2022View Hansard
▸29 members spoke16 support13 mixed
Supported the bill's intent to provide oversight of the Public Trustee but argued it was a missed opportunity, as the board would have only advisory powers with no governance authority. Urged support for the LNP's amendments requiring stricter reporting timelines.
“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
Moved the second reading as Attorney-General. Defended the advisory and monitoring board model, outlined government amendments to increase appointed board members and require a separate annual report tabled in parliament.
“The bill demonstrates the commitment of the Palaszczuk government to look after the interests of vulnerable Queenslanders by establishing the board and ensuring additional independent oversight over the Public Trustee.”— 2022-05-10View Hansard
Spoke in support of the bill as a national first in establishing an independent oversight board for the Public Trustee, welcoming amendments to include a board member with lived experience of impaired capacity.
“This bill will provide independent and effective oversight of the Public Trustee to improve its performance, transparency and accountability.”— 2022-05-11View Hansard
Heavily criticised the bill as 'window-dressing' and a 'toothless tiger' that fails to address fundamental issues with the Public Trustee. Argued for a governance board with real power rather than merely advisory functions. Acknowledged government amendments made the bill barely acceptable.
“The bill in its current form really is just window-dressing and it will not address the vast number of issues raised in the Public Advocate's report last year, let alone the more deep-seated cultural and organisational issues.”— 2022-05-10View Hansard
Strongly criticised the Public Trustee and the bill, arguing the proposed board was granted no real power and the spirit of the Public Advocate's recommendation had been betrayed. Supported the LNP amendments.
“The board is granted no real power. It can give advice but cannot give directions. It cannot force anyone to correct errors or change their approach at a micro or meta level.”— 2022-05-11View Hansard
Spoke as committee chair, outlining the committee's three recommendations including adding a board member with lived experience and requiring a separate annual report. Commended the bill.
“The first the recommendation was that the Public Trustee (Advisory and Monitoring Board) Amendment Bill 2021 be passed.”— 2022-05-10View Hansard
Defended the bill against LNP criticism, arguing it faithfully implements recommendation 30 of the Public Advocate's report. Praised the inclusion of lived experience on the board.
“I fail to see how this bill is betraying the spirit of recommendation 30.”— 2022-05-11View Hansard
Declared a personal interest as his family deals with the Public Trustee. Raised concerns about the board's independence given public servant membership, questioned the need for another layer of bureaucracy when existing boards already exist, and criticised the lack of transparency around remuneration.
“My problem with having another level of public servant bureaucracy is that there already exists a governance board within the Public Trustee—the financial risk board. I think it is clear that there are already many monitoring systems.”— 2022-05-10View Hansard
Argued the bill does not go far enough to protect vulnerable Queenslanders, citing the case of constituent Sue Nunn whose family had $80,000 ripped from them by the Public Trustee. Supported LNP amendments.
“This bill does not go far enough. The system needs reforming. Let us not try to dress it up and say that this is the answer.”— 2022-05-11View Hansard
Outlined the committee process and the Public Trustee's responsibilities to vulnerable Queenslanders. Supported the bill's establishment of independent oversight for the Public Trustee.
“The government listened closely to our most vulnerable and advocacy groups in Queensland to strengthen the processes. We are acting on the concerns raised to make this process more effective to serve those who have been impacted.”— 2022-05-10View Hansard
Spoke in support of the bill, outlining the board's functions and the importance of protecting vulnerable Queenslanders under the guardianship system.
“Protecting Queenslanders and especially our vulnerable is a priority of the Palaszczuk government.”— 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. Foreshadowed an amendment requiring six-monthly progress reports on the remaining recommendations. Shared constituent stories of Public Trustee overcharging and mistreatment.
“Creating an oversight board is helpful, but manifestly inadequate.”— 2022-05-10View Hansard
Welcomed the amendments but argued the bill goes nowhere near far enough, noting the government accepted only one of 32 recommendations from the Public Advocate's report.
“This goes nowhere near far enough to restore the public's confidence in the Public Trustee. It is another example of this government always being seen to be doing something rather than actually getting in, doing the hard work and doing something.”— 2022-05-11View Hansard
Spoke as Minister for Seniors and Disability Services, welcoming the inclusion of First Nations and disability representatives on the board. Noted that 62 per cent of those in supported accommodation have the Public Trustee as financial administrator.
“As minister for some of the state's most vulnerable people, I welcome the extra oversight that is included in this bill. It is vital the public has full confidence that the Public Trustee will work in the best interests of those whom they represent.”— 2022-05-10View Hansard
Supported the bill and outlined the committee's recommendations and the government's acceptance of them, including the addition of a lived experience board member and annual reporting requirements.
“I would like to thank the Attorney-General for introducing this important bill.”— 2022-05-11View Hansard
Argued the bill seeks to remediate longstanding failings of Queensland's Public Trustee but that the advisory board alone is insufficient. Called for the LNP's transparency amendments to be supported.
“This bill seeks to remediate the longstanding failings of Queensland's Public Trustee by establishing an advisory and monitoring board, which will provide additional oversight of the Public Trustee, with the aim of enhancing transparency and public accountability.”— 2022-05-11View Hansard
Spoke in support of the bill, emphasising the importance of the board's independence and accountability measures including the annual report tabled in parliament.
“When all of that occurs, that information will be tabled here in this parliament, on that very table. They are very important accountability measures.”— 2022-05-11View Hansard
Supported the bill on the basis of openness and transparency but argued it should go further, strongly backing the LNP amendments for 30-day reporting timelines.
“We on this side of the House have supported this bill on that basis, but it should go further.”— 2022-05-11View Hansard
Spoke in support of the bill, emphasising the importance of protecting vulnerable Queenslanders and the need for oversight of the Public Trustee.
“I rise to speak in support of the Public Trustee (Advisory and Monitoring Board) Amendment Bill 2021.”— 2022-05-11View Hansard
Argued the bill barely scratches the surface and is a missed opportunity to give hope to vulnerable Queenslanders trapped by the Public Trustee. Criticised the board's lack of power and lax reporting requirements.
“This bill had the potential to change lives, to give back Public Trustee clients their dignity. Instead, it barely scratches the surface of the issue so many Queenslanders currently face within the Public Trustee.”— 2022-05-11View Hansard
Supported the bill as providing independent and effective oversight of the Public Trustee, welcoming the inclusion of a lived experience board member and annual reporting to parliament.
“This bill gives the board the tools it requires to effectively perform its oversight function, including: a skilled and knowledgeable membership providing a fresh perspective.”— 2022-05-11View Hansard
Supported the intent of the bill but argued it falls far short of community expectations, noting the advisory board is not anywhere near enough without the needed accountability and transparency.
“While supporting the intent of the bill, it is difficult to support endeavours that continue to fall far short of community expectations.”— 2022-05-11View Hansard
Supported the bill, sharing her family's positive experience with the Public Trustee managing her late sister-in-law's affairs. Acknowledged not every client has the same outcome.
“During Annette's later years, when she was unable to make financial decisions for herself and for her estate, her finances were managed well by the Public Trustee.”— 2022-05-11View Hansard
Argued the bill does little to resolve the issues highlighted by the Four Corners program and is nothing more than window-dressing. Urged the House to support the LNP amendments.
“This bill does little to resolve the issues highlighted by the Four Corners program or help the 10,000 Queenslanders who rely on the Public Trustee.”— 2022-05-11View Hansard
Supported the bill and acknowledged the great work of the Public Trustee, while welcoming the establishment of the advisory and monitoring board for additional oversight.
“Protecting Queenslanders, especially those experiencing vulnerability, is a priority for the Palaszczuk Labor government, and that is why this government has moved decisively to establish the Public Trustee Advisory and Monitoring Board.”— 2022-05-11View Hansard
Defended the government's progress on implementing Public Advocate recommendations, citing the Public Advocate's own update showing several recommendations already accepted and implemented.
“I commend the Attorney-General for what they have done in providing a board that is going to monitor and report in relation to the activities of the Public Trustee.”— 2022-05-11View Hansard
Supported bringing accountability and transparency but argued the reforms should go further. Raised concerns about inherent conflicts of interest in the Public Trustee's funding model.
“Why would we not want to bring about transparency and accountability in a piece of legislation for an organisation that is designed to protect the dignity and rights of Queensland's most vulnerable people?”— 2022-05-11View Hansard
Spoke in support of the bill, emphasising the importance of the oversight board for protecting vulnerable Queenslanders.
“I rise to speak in support of the Public Trustee (Advisory and Monitoring Board) Amendment Bill 2021.”— 2022-05-11View Hansard
Spoke in support of the bill and the establishment of the advisory and monitoring board to enhance oversight of the Public Trustee.
“I rise to speak in support of the Public Trustee (Advisory and Monitoring Board) Amendment Bill 2021.”— 2022-05-11View Hansard
▸In Detail11 May 2022View Hansard
Inserted a commencement clause providing the Act commences on a day to be fixed by proclamation rather than on assent, to allow time for board member recruitment.
Amendments 2-5: Increased appointed board members from 4-5 to 5-6, added requirement for at least one member with lived experience of impaired capacity (including as a carer or family member), and increased the quorum to require at least 4 appointed members.
Inserted new section 117ZZA requiring the board to prepare an annual report on its functions as soon as practicable after each financial year, with the minister to table it within 14 sitting days.
Three amendments to the Attorney-General's annual report amendment: (1) replace 'as soon as practicable' with 'within 30 days' for the board's report deadline; (2) require the report to include performance against each function and board expenditure; (3) replace '14 sitting days' with '30 days' for the minister's tabling deadline.
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.
The motion was defeated.
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Ayes (33)
Noes (49)
Omitted clause 5 which had contained the original reporting provisions, as these were replaced by the new annual report amendment.
Vote on a motion
Confirmatory 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 Greens member Mr Berkman leave to move an amendment outside the long title of the bill, which would have required regular progress reports on implementing the Public Advocate's 32 recommendations. Leave was denied with both ALP and LNP voting against.
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)
Assent date: 20 May 2022
Referenced Entities
Legislation
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Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards