Responsibility: State and territory governments
Response:
ACT, QLD, TAS, VIC, NT: Accept in principle
NSW, SA, WA: Subject to further consideration
Australian Capital Territory
Response: Accept in Principle
Status: In progress
What has been achieved to date
The ACT Public Trustee and Guardian actively promote regaining financial independence for its clients under an ACT Civil and Administrative Tribunal order and reports the number of clients successfully regained their decision-making independence.
ACT government response July 2024
The ACT Public Trustee and Guardian has trialled this approach with a small number of clients. The ACT Government will consider the outcomes of this trial and the implications of applying this approach more broadly.
New South Wales
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
The NSW Government continues to consider this recommendation in the context of broader guardianship and supported decision-making recommendations made by the Royal Commission and advice from the NSW Guardianship Working Group.
NSW government response July 2024
In NSW, section 71 of the NSW Trustee and Guardian Act 2009 provides that the NSW Trustee and Guardian may authorise a person under financial management to deal with specified financial matters.
The NSW Trustee and Guardian have established a financial independence team to support this function as highlighted in the Disability Royal Commission Report. The NSW Government is considering whether further reform is required in conjunction with its consideration of the other supported decision- making recommendations.
Also see Recommendation 6.4.
Northern Territory
Response: Accept in principle
Status: In progress
What has been achieved to date
The Northern Territory Public Guardian and Trustee is currently developing and trialling a limited Towards Independence Program to support represented persons transition from guardianship to independence.
NT government response July 2024
Further investigation will be required to determine an appropriate Northern Territory model.
Queensland
Response: Accept in principle
Status: Subject to further consideration
What has been achieved to date
The Queensland Government is carefully considering recommendations 6.4 to 6.18, which call for significant change to state and territory guardianship systems and legislation.
The Queensland Public Trustee offers a Financial Independence Pathway program aimed at educating, supporting and empowering financial management customers to have greater control of their money, and assisting customers who wish to apply for a review/revocation of Queensland Public Trustee’s appointment to collate the evidence they need to demonstrate their ability to manage their finances. A partnership has also been established that allows customers who successfully complete the pathway to be referred to an independent external advocate who can assist them with the application process.
QLD government response July 2024
The Queensland Government recognises the importance of providing education, support and empowerment to Queenslanders under financial administration orders who want to manage their money and improve their financial literacy. Queensland Public Trustee's financial management customers who want to gain greater control of their money are offered the opportunity to participate in the Steps to Financial Independence Pathway, which is tailored to the goals and needs of each individual and includes referral pathways to financial literacy and resilience service providers. Individuals who want to apply for a review of their administration order are encouraged to participate in the Pathway and are assisted to gather evidence they need to support their application.
South Australia
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
The South Australian Government remains committed to considering this recommendation further and will provide a response in due course.
SA government response July 2024
The South Australian government acknowledges the importance of financial education to support independence of people with disability. This proposal represents a significant additional function to be assigned to the Public Trustee. Over 4,000 South Australians are currently under an administration order and further consideration is required around the most appropriate way in which such training could be effectively and efficiently delivered to this cohort.
Tasmania
Response: Accept in principle
Status: In progress
What has been achieved to date
The Public Trustee in Tasmania developed and launched a new financial independence pathway for represented persons in October 2023, empowering clients to build capacity and skills to increase independence in managing their financial affairs.
TAS government response July 2024
The Tasmanian Government accepts this recommendation in principle.
The Tasmanian Government recognises the importance of financial skills development and financial independence for people with disability under an order.
The Public Trustee makes available a series of guides on financial administration. Introduction of a dedicated financial skills development program will require funding.
For information on Financial Administration, see the Public Trustee website.
Victoria
Response: Accept in principle
Status: Completed
What has been achieved to date
The Victorian State Trustees continues to provide the Financial Independence Program to support financial decision-making capacity of represented persons.
VIC government response July 2024
We accept this recommendation in principle.
We have provided funding for Victorian State Trustees’ Financial Independence Program from 2021–22 to 2025–26.
This program helps the financial decision-making capacity of represented persons.
It aims to support participants to gain full independence. This is consistent with Administrators’ duties under the Guardianship and Administration Act 2019 (Vic).
Western Australia
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
Represented Persons are Public Trustee clients where the State Administrative Tribunal of Western Australia (SAT) has declared that person is:
a) unable, by reason of a mental disability, to make reasonable judgements in respect of matters relating to all of their estate; and
b) in need of an administrator of their estate.
Clients who are identified by either the SAT, or the Public Trustee, as being able to manage some or all of their finances are offered an Income Management Trial to take control of their finances, with the view to demonstrating their ability to manage their finances and eventual revocation of the administration order appointing the Public Trustee as their administrator.
Clients are supported to achieve their goal through their NDIS plan’s supports (funding for developing budgeting skills), family and other care providers as well as their Trust Manager.
Most clients under an administration order have a significant mental disability that impacts their decision making. Those who would benefit from financial skills development are encouraged to include this in their NDIS plan.
The recommendations of the Law Reform Commission of WA (LRCWA), in its review of the Guardianship and Administration Act 1990 (GAA), may inform further updates to the provision of financial skills development programs.
WA government response July 2024
The WA Government is giving further consideration to this recommendation. A final decision is expected to be made following consideration of implications and required changes to the Public Trustee Act 1941 (WA) and Guardianship and Administration Act 1990 (WA).
What the Disability Royal Commission said in the final report
a) All public trustees should offer a financial skills development program to people under a representation order appointing the public trustee as a representative. The program should promote financial independence and:
- be developed in partnership with representative organisations of people with disability, including organisations representing people with intellectual disability, and financial counselling community support organisations
- incorporate broad eligibility criteria
be actively promoted, especially among people entering administration.
b) Upon successful completion of the program, public trustees should support a person to apply for a review of their order. If a person is not eligible for the program, the public trustee must advise them of their right to apply to the relevant tribunal for review of their order.
c) Public trustees should report annually on the number of people who have participated in the program, the number who have completed it and the number who have subsequently transitioned out of administration arrangements.
More recommendations
View progress on other recommendations made by the Royal Commission.