(1) The Governor is to appoint a person to hold office as the Public Trustee.(1A) Subject to this Act, the person appointed to the office of Public Trustee holds office for such period (not exceeding 5 years) as is specified in his or her instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.(2) The person for the time being holding the office of Public Trustee may be suspended from his or her office by the Governor for misbehaviour or incompetence, but shall not be removed from office except as hereinafter provided:The Minister shall cause to be laid before Parliament a full statement of the grounds of suspension within seven sitting days after such suspension if Parliament is in session, and, if not, then within seven sitting days after the commencement of the next session.
The person suspended under this subsection shall be restored to office unless each House of Parliament within twenty-one days from the time when such statement has been laid before it declares by resolution that such person ought to be removed from office; and if each House of Parliament within the said time does so declare such person shall be removed from office by the Governor accordingly.
(3)(a) The person for the time being holding the office of Public Trustee shall cease to hold office if he or she:(i) dies,(ii) resigns his or her office by writing under his or her hand addressed to the Governor,(iii) engages in New South Wales in any paid employment outside the duties of his office except with the approval of the Governor,(iv) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit,(v) is absent from duty without reasonable cause for a period of fourteen consecutive days except on leave granted by the Governor, or(vi) becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act 1958 or a person under detention under Part 7 of that Act.(b) (Repealed)(3A) (Repealed)(4) Notwithstanding anything in any Act nothing contained in this Act shall affect the rights accrued or accruing under the Public Service Act 1902, the Public Service (Amendment) Act 1919 or the Superannuation Act 1916 to any officer of the Public Service appointed as Public Trustee.(5) Any officer of the Public Service appointed as Public Trustee shall continue to contribute to any fund or account and be entitled to receive any deferred or extended leave and any pension, payment, or gratuity, as if he or she were an officer or employee within the meaning of the Public Service Act 1902, the Public Service (Amendment) Act 1919 or the Superannuation Act 1916, as the case may be; and for such purpose his or her service as Public Trustee shall be deemed to be service for the purpose of such Acts.(6) The replacement of subsection (1) by the Statute Law (Miscellaneous Provisions) Act (No 2) 2003 does not affect the appointment of a person as the Public Trustee if the appointment was in force immediately before the replacement of that subsection.
(1) The Governor may, under and subject to the provisions of the Public Service Act 1902, appoint one or more deputy Public Trustees but so that not more than three deputy Public Trustees shall hold office at the same time.(2) Subject to this Act, whenever under or pursuant to this or any other Act, or any rule, regulation, by-law, ordinance or other instrument or document whatsoever, anything may be done or is appointed to be done by, or any reference is made to, or any notice or document is required or authorised to be served on, the Public Trustee, the same may be lawfully done by or the reference shall be deemed to extend to or the notice or document may be served on any deputy Public Trustee, and any deputy Public Trustee shall have and may exercise and discharge any of the powers, authorities, duties and functions of the Public Trustee, and shall be entitled to the like immunities as the Public Trustee.This subsection shall apply whether or not there is a vacancy in the office of Public Trustee.
(3) Every deputy Public Trustee shall exercise his or her office subject to such conditions and restrictions (if any) as the Public Trustee may impose:(a) generally, or(b) in relation to any specified matter or class of matters, or(c) in relation to all matters other than any specified matter or class of matters.(4) No person shall be concerned to see or inquire whether:(a) any act, dealing or transaction by or with the Public Trustee or any deputy Public Trustee, or any other member of staff, or any agent of the Public Trustee, is or is not authorised, or(b) in the case of any dealing or transaction with a deputy Public Trustee whether any condition or restriction has been imposed upon the exercise of the powers of such deputy Public Trustee, or as to his or her authority; and all acts or things done or omitted by such deputy Public Trustee shall be as valid and effectual and shall have the same consequences as if the same had been done or omitted by the Public Trustee.(5) The person who immediately before the commencement of the Public Trustee (Amendment) Act 1936 held the office of deputy Public Trustee shall be deemed to have been appointed a deputy Public Trustee under this section.(6) The provisions of subsection (2) of section 5 shall not apply to any deputy Public Trustee.
7 Public Trustee a corporation sole
(1) The Public Trustee is hereby constituted a corporation sole under that name, with perpetual succession and a seal of office. The appointment of the Public Trustee and of any deputy Public Trustee and their signatures, and the seal of the Public Trustee, shall be judicially noticed.(2) The Public Trustee:(a) may take proceedings and be proceeded against in its corporate name,(b) may, notwithstanding any other provision of this Act, for the purposes for which it is constituted, purchase, exchange, take on lease, hold, dispose of and otherwise deal with property, and(c) may do and suffer all other things that bodies corporate generally may, by law, do and suffer and that are necessary for or incidental to the purposes for which it is constituted.
(1) There may be charged in respect of the duties of the Public Trustee such fees, whether by way of percentage or otherwise, as may be prescribed by the regulations.(2) Any expenses which might be retained or paid out of the trust property if the Public Trustee were a private trustee may be so retained or paid, and the fees may be retained or paid in the like manner as and in addition to such expenses.(3) (Repealed)(4) The incidence of the fees and expenses under this section as between corpus and income shall be determined by the Public Trustee.
(1) The Public Trustee may appoint any member of staff or any clerk or acting clerk of a Local Court to be the agent of the Public Trustee for such purposes, and with, under, and subject to, such powers, conditions, and limitations as shall be contained in such appointment.(2) (Repealed)
11 Property vested and powers transferred
(1) All orders made by the Court empowering the curator of intestate estates to collect, manage, and administer estates shall, on the commencement of this Act, take effect as orders of the Court, empowering the Public Trustee to collect, manage, and administer such estates.(2) All property, real and personal, including books, documents, moneys, and securities for money, at present vested in or held by or on behalf of the curator of intestate estates by virtue of any order made under any Act, shall on the commencement of this Act pass to and become vested in the Public Trustee.