Concerns raised over funding of Public Trustee

Government funding of the state’s Public Trustee was essential to protect those needing guardianship, parliament has heard. Two years on, concerns have been raised on its funding.

HOBART, Tasmania 14th June 2024. Walk against elder abuse in Hobart CBD. Public Trustee CEO Todd Kennedy. Picture: Linda Higginson

Government funding of the state’s Public Trustee was essential to ensure it was able to meet its obligations to provide services to the public, parliament has heard.

Independent member for Franklin David O’Byrne said he was concerned the government was depriving the organisation of the money it needed to help Tasmanians with estate planning, estate and trustee services.

“Two and a half years after the independent review into the Public Trustee revealed clear failings with Tasmania’s guardianship system and shed light on the harrowing experiences of those within it, there are serious questions being asked about the government’s funding of the guardianship system,” he said.

Independent member for Franklin David O'Byrne after coming to an agreement with Premier Jeremy Rockliff to assist in forming government. Picture: Nikki Davis-Jones

“The Public Trustee is the heart of Tasmania’s guardianship system and has been the subject of significant recent legislative reform recently.

“It’s essential that the organisation is provided with a level of government funding that supports the implementation of these reforms.”

A review of the Office of Public Trustee by Damien Bugg KC in 2021 recommended the government “fully fund the Public Trustee’s net avoidable costs of service provision in the next community service obligation agreement”.

The Attorney-General Elise Archer supported the recommendation in principle and funding was provided in the 2022/24 budget, but no new funding agreement is in place.

Attorney-General Guy Barnett said an agreement to provide funding was being negotiated.

“I am advised the expectation for a formal contract to be entered into to facilitate the payment of the CSO is established within the Treasurer’s instruction rather than explicit requirement of the Government Business Enterprise Act,” he said.

“There have been previous instances where a formal agreement has not been entered into and the Treasurer has approved the payment of CSO funding to a government business to ensure the ongoing operations of the business can continue.

“This is often the case where funding is linked to reform obligations or where there is a concurrent review of the operations of the business, such as the current review of the Public Trustee’s fees and charges.”

Public Trustee CEO Todd Kennedy said he was working constructively with the government to secure the money needed to do the job.

“The review into the Public Trustee conducted by Damian Bugg KC found that a significant investment in frontline services was required,” he said.

“As a result, the Public Trustee has employed more case managers significantly reducing caseloads, implemented a more client-centric operating model and provided more resources to our regional offices ensuring vulnerable Tasmanians can access the support they deserve.

“All of this has been designed to put the needs of the Tasmanian community first and the response has been overwhelmingly positive.

“Obviously, this requires additional funding to sustain these improved services for the community.

“We have outlined to the Government the ongoing financial support needed to ensure we can continue to deliver better services to the community into the future.”