Bid to ‘make things right’: Hundreds demand compensation from Public Trustee’s office
A man has lodged a claim in court seeking to win back thousands of dollars from the Public Trustee – and his case could be the first of hundreds. LATEST >>
Tasmania
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MICHAEL Burles paid $50 a month for nine years for a funeral plan and he’s now going to court to get the money back in the first of what could be many more claims for compensation against the Public Trustee.
Hobart Community Legal Service lawyer Ben Bartl lodged a claim in the Hobart Magistrates Court on Friday seeking $5500 in compensation, arguing the Public Trustee did not act in Mr Burles’s best interests and did not provide “adequate care or management” of his estate.
“In Michael’s case, the Public Trustee never asked him whether or not they could dispose of his possessions or end his funeral plan and that’s why we’re going to court,” Mr Bartl said.
“It’s the first and only case before the court but we want an independent assessor, such as a retired judge, to go through the files of hundreds of other cases and assess whether they should be compensated.”
Mr Bartl said Mr Burles, 72, was subjected to “appalling” treatment after he was admitted to hospital after a fall in January 2020 and the Public Trustee was appointed to make decisions on his behalf.
“Michael’s Public Trustee file confirms there was no written communication with him nor were there any records informing him of the decisions being made on his behalf,” he said.
“It was not made clear that the lease agreement on his home would be terminated and that all his possessions would be sold or taken to the tip.
“He was left with nothing, no home to return to and no belongings and he was forced to move into aged care believing it was just for respite.”
In light of a damning report into the Public Trustee by Damian Bugg AM QC, a group of 10 community organisations, led by Advocacy Tasmania, is seeking compensation for people who have suffered because of the Public Trustee’s management of their finances.
Premier Peter Gutwein said the government was working through Mr Bugg’s 28 recommendations and did not rule out compensation.
“I’m not going to rule anything in or anything out at this stage,” he said. “I’m going into this with a completely open mind.”
Labor justice spokeswoman Ella Haddad supported compensation for people “whose lives have been ruined”.
“The question now is, what did the board know and can the government guarantee that things will improve for future clients?” she said.
Greens leader Cassy O’Connor said there was “a compelling argument for compensation”.
“Instead of returning a dividend to government, this GBE should be made to compensate people who have had their rights, freedoms, property and money taken from them – along with their sense of wellbeing,” she said.
Mr Burles just wants his money back to pay for a funeral.
Hundreds demand compensation from Public Trustee
The State Government is being asked to compensate hundreds of Tasmanians who have suffered “pain and loss” at the hands of the Public Trustee.
In a letter to Attorney-General Elise Archer, Advocacy Tasmania and nine community groups argue the case for an independent assessor to urgently review Public Trustee compensation cases.
It comes less than two weeks after a damning review by Damian Bugg QC found the Public Trustee was failing to meet its community expectations and was in breach of its statutory duty.
“It is worth emphasising that these breaches cannot be dismissed as a solitary incident or that blame rests with a historic management team with the review concluding “that for 26 years the Public Trustee has genuinely misunderstood the duties of an administrator…,” the letter says.
“The review clearly highlights the urgent need for an independent assessor to be appointed and compensation made available where breaches are found.”
Advocacy Tasmania chief executive Leanne Groombridge, who drove the push for the review after being inundated with complaints about harrowing cases of loss, said life changing decisions were made, and continue to be made, without people being heard or their wishes truly considered.
“The Public Trustee has taken a lot from Tasmanians and it‘s time to make things right,” Ms Groombridge said.
“The government has the opportunity to go some way towards rectifying these horrific experiences and compensation is a financial acknowledgement of the suffering, pain and loss its Public Trustee has inflicted upon Tasmanians.
“Compensating victims is the right thing for the government to do.”
The letter says Ms Archer has “been a strong supporter of the government providing compensation in appropriate cases”.
“For example, in 2018 you observed that “redress schemes provide an alternative avenue for the provision of redress to civil law claims…” and that “redress has a restorative focus and includes services that many not otherwise be accessed in a civil settlement such as counselling supports, institutional responses and apologies”.
“Tasmania has a record of providing compensation to victims of institutional wrongs. For example, between 2003 – 2013 Tasmania’s Abuse in State Care compensation scheme paid out over $54m to assist more than 1,800 survivors who were the subject of sexual, physical, or emotional abuse whilst in State care as children.”
The letter points out that the federal government also supported compensation schemes for Stolen Generations survivors and the National Redress Scheme for people who have experienced institutional child sexual abuse.
The signatories say people needing compensation should not have to wait until a Disability Commissioner, as recommended in the review, is appointed.
“We believe there is an urgent need to establish an independent assessor.
“We therefore suggest the Government fund an interim alternative body with the power to investigate, assess and respond to complaints including the ability to provide compensation in relation to the Public Trustee as a matter of urgency.”
The letter’ signatories are Advocacy Tasmania, TasCOSS, Anglicare, Council on the Ageing, Community Legal Centres Tasmania, Disability Advocacy Network Australia, Speak Out, Older Persons Advocacy Network, Mental Health Council Tasmania and Disability Voices Tasmania.
Call for Public Trustee to compensate for ‘ruined lives’
TASMANIANS who suffered at the hands of the Public Trustee should be compensated, Advocacy Tasmania says.
Chief executive Leanne Groombridge said it was “shocking” that a report into the Public Trustee found it had ignored its legislative responsibilities and for 26 years had misunderstood the duties of an administrator.
“Given the way it’s acted for decades it’s ironic that the Public Trustee’s slogan is ‘every moment counts’,” Ms Groombridge said.
“For the thousands of clients and their families who have received appallingly dismissive and devastating treatment at their hands, every one of those moments has, and continues to, hurt with a living hell being played out daily.
“So many Tasmanians’ lives have been ruined and it is now time to make amends.”
Ms Groombridge said Attorney-General Elise Archer’s apology was “appreciated” but more needed to be done.
“There must now be compensation for those who have lost so much,” she said.
She said the same people shouldn’t be “responsible for fixing their own mess”.
“It is simply unacceptable, and she must appoint independent persons to oversee how the Public Trustee can appropriately implement the report’s recommendations.”
Ms Groombridge said the report and recommendations were just part of “our broken guardianship and administration system”.
“We must now recognise the rights of people with disability explicitly in Tasmanian law, and people must have effective ways to take action when others violate their rights,” she said.
In a statement, the board and staff of the Public Trustee said they were committed to improving its services.
“In recent years we have implemented a range of improvements to our systems and service delivery and we welcome the recommendations from the review, which will form the basis of further improvement,” it said.
Public Trustee misunderstood role for decades
TASMANIA’S Public Trustee had been operating under a fundamental misunderstanding of its role for more than two decades, an inquiry has found.
A review of the government business, carried out by Damian Bugg QC, followed a series of reports from clients who were unhappy with their treatment.
In his report, Mr Bugg said many of the submission he received highlighted similar issues, which he atrributed to a misunderstanding of the legislation applicable to the Government Business Enterprise.
“The responses on all occasions lead me to conclude that for 26 years the Public Trustee has genuinely misunderstood the duties of an administrator under section 57,” he said.
“What has been seen by many people, family and friends of represented persons, as indifference, poor communication and lack of engagement by the Public Trustee with represented persons and their support, and complained about through advocacy groups and the wider community may be attributed to a misconception of role. But change is needed to achieve an appropriate outcome.
Mr Bugg noted a recent client survey showed “an uncomfortably high level of dissatisfaction”.
“Some submissions suggested that there was little or no contact with the represented person and when family members or friends attempted to make inquiries they were either ignored or rebuffed.”
When one woman went to the Public Trustee’s office seeking further information on her son’s case, police were called.
He made 28 recommendations for improvements.
Independent federal MP for Clark Andrew Wilkie said many constituents had contacted him confused about the way in which their money was being spent and frustrated by a lack of communication.
“For years now my office has been dealing with concerns from constituents and their families about the conduct of the Public Trustee,“ he said.
“One case that really resonated with me was a man who wasn’t even left with enough money to treat himself to a coffee, which was one of the few pleasures left in his life.
“Yes it’s important to pay the bills, but you also need to be able to do the little things you enjoy.
“To hear that the Public Trustee has misunderstood its core brief to act in the best interests of its clients for 26 years is not only alarming but saddening as vulnerable people in our community deserve to be treated with much more respect.”
Attorney-General and Minister for Justice Elise Archer said she would carefully consider the findings.
“I thank him for this important and timely work that was conducted in a comprehensive and consultative manner,” she said.
“While some of the findings may be tough to hear, they are an opportunity to continue to improve the processes and systems of the Public Trustee and provide for a better client focus in order to meet its statutory obligations and community expectations into the future. This is particularly important in its work with vulnerable Tasmanians, at what can be the most difficult time in their lives.
“It is critical to ensure the community maintains confidence in this vital service, and I can assure everyone that our government will act on the findings and recommendations to make any necessary improvements.”
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