In January 2021, the Queensland Office of the Public Advocate released its report concerning the fees, charges and practices of the Public Trustee of Queensland.
That report was scathing of the Public Trustee’s practices, stating that the report “initially commenced as a review of the Public Trustee’s fees and charges for clients under administration… On closer examination, the complaints and concerns of these people raised some serious issues about the level and complexity of the Public Trustee’s system of fees and charges, it’s lack of transparency… Consequently, what started as an examination of fees and charges became a broader exploration of a range of public Trustee practices that raised concerns about whether the Public Trustee was acting in accordance with its fiduciary duties and in the interests of its administration clients.”
The report continued, noting “The great challenge for people under administration and their advocates and supporters in being able to question the Public Trustee’s decisions and actions, is the lack of transparency and access to information about the Public Trustee’s fees, policies and practices. People under administration have been found by QCAT [Queensland Civil and Administrative Tribunal] to lack legal capacity for financial matters, so they are significantly disadvantaged when trying to access information, interpret what information they are able to access… People under administration are unable to retain lawyers or other professionals to assist them in these endeavours, because they do not have access to their own funds, nor can they legally enter into contracts. They are completely subject to the power and decisions of the Public Trustee.”
A little over 12 months have now passed, and so where are we now? Well, sadly it depends on who you ask…
On the one hand, the Public Trustee itself says that it is making substantial progress in implementing a variety of recommendations (of 23 recommendations identified in the Public Advocate’s report that were the responsibility of the Public Trustee, 10 were accepted and implemented in full, 12 are being implemented to be completed by 30 June 2022, and 1 recommendation was under further consideration. The Public Trustee was also keen to highlight its new initiatives “focused on putting the customer first”.
On the other hand, a further two separate investigations were ordered in March 2022 into the Public Trustee, following further explosive revelations in relation to management of certain clients under administration orders with the Public Trustee.
Change is a process, and it would be wrong to assume that any issues identified could be addressed and fixed overnight. That being said, it is critical that the Public Trustee reforms are implemented swiftly and address any root causes, and not just act as a band-aid solution. The Public Trustee has a critical role to play, and is entrusted with administering the affairs of arguably the most disadvantaged people, who have impaired capacity and limited resources to explore other options. There is no doubt that the public servants who work with the Public Trustee are hardworking and dedicated staff, and it would be appropriate to note that even in her January 2021 report, the Public Advocate noted that, “Much positive change has already occurred in the Public Trustee, especially in terms of its engagement with clients and seeking and supporting their input into decisions affecting their lives.” It is hoped that those positive changes continue, and the most recent issues causing further investigations into the Public Trustee are addressed quickly and properly, so the Public Trustee can move past these matters that have tarnished its reputation. It would be of great benefit to all Queenslanders once the Public Trustee accomplishes its goal to transition into a contemporary and human rights-focused institution in delivering essential services to some of Queensland’s most vulnerable.
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