Agency Information Guide
Under the Government Information (Public Access) Act 2009 (GIPAA), all NSW Government departments and agencies are required to publish certain information.
This Agency Information Guide is about NSW Trustee & Guardian.
NSW Trustee & Guardian was established on 1 July 2009 by the NSW Trustee and Guardian Act 2009 merging the former Office of the Protective Commissioner and the Public Trustee NSW.
The position of Public Guardian continues and remains separate in its functions but reports administratively to the Chief Executive Officer of NSW Trustee & Guardian.
NSW Trustee & Guardian operates pursuant to the NSW Trustee and Guardian Act 2009 and the NSW Trustee and Guardian Regulation 2017 and we have regard to a wide range of legislation impacting on our operations.
Our purpose
NSW Trustee & Guardian is a statutory agency within the Stronger Communities Cluster. The agency supports the Chief Executive Officer of NSW Trustee & Guardian and the Public Guardian to carry out the statutory functions.
These functions protect, promote and support the rights, dignity, choices and wishes of the people of New South Wales. The services help support and protect some of the most vulnerable members of the NSW community, as well as supporting people at vulnerable moments in their life.
We do this by providing independent and impartial services that support customers and help them manage their health, lifestyle and financial affairs. This ensures their wishes are carried out when the time comes.
Our functions
We provide the following services to the people of NSW:
Financial management
NSW Trustee & Guardian may be appointed financial manager to provide financial management services for people who are not able to manage their own financial affairs and need someone with legal authority to make important financial decisions on their behalf. Usually this is due to mental illness, brain injury, intellectual disability, psychiatric disability or dementia.
These decisions are made according to the principles of substitute decision making contained in the NSW Trustee and Guardian Act 2009.
Authorisation and direction of private managers
Private managers are appointed by the Guardianship Division of the NSW Civil & Administrative Tribunal or Supreme Court to manage the financial affairs of people with impaired decision-making abilities. NSW Trustee & Guardian provides authorisation, supervision and direction for private managers.
Trustee services
We provide trustee services for people, government and organisations wishing to employ an executor, trustee, agent or attorney.
Our services include:
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Will making
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Administration of deceased estates
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Trustee of trusts created by wills, deeds, court orders and legislation
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Attorney services
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Additionally, NSW Trustee & Guardian is named in legislation:
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as trustee for workers compensation death benefits and Civil Procedure Act 2005 compensation funds; and
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to manage seized or confiscated assets pursuant to Confiscation of Proceeds of Crime Act 1989 and Criminal Assets Recovery Act 1990.
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Guardianship services
The Public Guardian may be appointed as guardian for a person with impaired decision-making abilities when there is no other person able to take on this role and when there is a need to make decisions about health and welfare issues. The Public Guardian makes decisions in accordance with the principles of the Guardianship Act 1987.
Public participation
Members of the public can contribute and/or participate in policy formulation, to make suggestions, or raise issues that they feel are of concern to them or to the public at large by writing to the Chief Executive Officer of NSW Trustee & Guardian.
From time to time various areas of government may undertake public consultations which may impact on the functions of NSW Trustee & Guardian. In instances where submissions are sought, information on public participation is outlined on the website of the relevant department.
Our finances
NSW Trustee & Guardian is a self-funding NSW general government agency. Our revenue comes from:
- commissions and fees on estates, trusts and agencies
- fees for managing our clients’ assets
- income on corporate investments
- our community service obligations payment from government.
Commission and fee rates are constantly reviewed regarding both costs to the organisation and market rates. Charges are structured to enable the provision of professional trustee and financial management services at reasonable cost to the people of NSW, irrespective of their wealth. Fees and commissions may be reduced or waived in cases of hardship.
The basis for charging and the level of fees is established in the NSW Trustee and Guardian Act 2009 and NSW Trustee and Guardian Regulation 2017.
For details of our operating performance refer to our Annual Report.
Definitions
- private manager
A person appointed by the Supreme Court of NSW or the Guardianship Division of the NSW Civil and Administrative Tribunal to manage the financial affairs of a person who cannot do so themselves.
- Private manager
A person appointed by the Supreme Court of NSW or the Guardianship Division of the NSW Civil and Administrative Tribunal to manage the financial affairs of a person who cannot do so themselves.