FOR IMMEDIATE PUBLICATION: 16 August 2024
Attwood Marshall Lawyers supports e-petition to repeal Public Trustee Gag Laws and calls on QLD Parliament to take action
QUEENSLAND: We need to stop vulnerable people and their families being subjected to prosecution if they talk publicly about their experiences with the Public Trustee.
In light of people and their families who have already spoken out publicly about the mismanagement of their financial affairs by the Public Trustee, Attwood Marshall Lawyers call on the Queensland government to repeal the gag laws that currently prevent anyone who has been under the guardianship of the Public Trustee, to speak publicly about their experiences.
Currently, section 114a of the QLD Guardianship Act prohibits existing and former clients of the QLD Public Trustee and QLD Public Guardian from being identified and speaking truthfully and openly about their experiences. Anyone found in breach of this can face a $50,000 fine and possible imprisonment. For those in Queensland under the Public Trustee’s control who want to share their story, they must apply to Queensland Civil and Administrative Tribunal (QCAT) for the right to do so.
Attwood Marshall Lawyers contributed to an ABC investigation into the Public Trustee in 2022 whereby the ABC had to apply to two Supreme Courts to be granted permission to identify individuals featured in the program, ultimately exposing the Public Trustee for financial mismanagement which caused significant distress and hardship to the individuals in their care.
Legal Practice Director, Jeff Garrett says, “The original intention of the confidentiality laws was to keep vulnerable people’s affairs private or confidential, but it extends well beyond that and effectively allows the Public Trustee to act without public scrutiny. The laws were not brought in for the purpose of being able to gag any comment with relation to their conduct.”
Attwood Marshall Lawyers support the rights of people who have had their finances mishandled by the Public Trustee to speak about their experiences without fear of prosecution.
This month, a parliamentary petition to repeal QLD gag laws has been circulated.
“We ask that every Queenslander signs and shares this petition, bravely instigated by Sunshine Coast resident, Sue Nunn, whose now deceased brother, Terry was under the Public Trustee for more than 30 years. The petition is also supported by State MP, Fiona Simpson,” said Jeff Garrett.
The petition closes on September 11 to allow it to be tabled to the house in the last sitting session prior to the election.
Note to Editors
PETITION: Link to the ‘Repeal Queensland Gag Laws’ E-Petition can be found here.
AUDIO CONTENT: Audio of our Legal Practice Director, Jeff Garrett talking about Public Trustee Gag Laws is available here.
VIDEO CONTENT: Video of Attwood Marshall Lawyers’ Legal Practice Director, Jeff Garret talking to ABC 4Corners about complaints about the Public Trustee (30 minutes in) is available here.
DIGITAL CONTENT: Attwood Marshall Lawyers’ blogs on the Public Trustee can be read here and here.
Further information
Around 50,000 people’s lives are controlled by trustees and guardians around the country. The Public Trustee is supposed to be a socially and fiscally responsible state government statutory authority which steps in to look after someone who is at risk of financial exploitation, whether that is a person who has suffered an injury, illness, mental health issue, or cognitive impairment such as dementia.
If appointed administrator, the Public Trustee should ensure an individual’s correct income is received, accounts are paid, and a budget and assets are well maintained in the best interests of that person.
Decisions being made on behalf of that person should be least restrictive of their rights, interests and opportunities and their personal dignity and right to make decisions should be upheld.
The Public Trustee is governed by the Trustee Act 1978. The Public Trustee is self-funded – meaning it does not receive any financial support or funding from the Government and is instead, financially provided for by the people supported by its services.
- For further media on this campaign, click here #repealgaglawsQLD
- Learn more about Sue Nunn and Terry’s story on ABC 730 here.
- The repeal of QLD gag laws is supported by the QLD Public Advocate and the Disability Royal Commission.
Key Facts:
PETITION: Link to the ‘Repeal Queensland Gag Laws’ E-Petition can be found here.
AUDIO CONTENT: Audio of our Legal Practice Director, Jeff Garrett talking about Public Trustee Gag Laws is available here.
VIDEO CONTENT: Video of Attwood Marshall Lawyers’ Legal Practice Director, Jeff Garret talking to ABC 4Corners about complaints about the Public Trustee (30 minutes in) is available here.
DIGITAL CONTENT: Attwood Marshall Lawyers’ blogs on the Public Trustee can be read here and here.
About us:
About Attwood Marshall Lawyers: Established in 1946, Attwood Marshall Lawyers is a leading law firm providing expert legal services in all areas of law including wills and estates, aged care, estate litigation, family law, compensation law, commercial litigation, property and commercial law, and equine breeding and racing law.
Over our long history, our firm has been a passionate advocate for social justice and change. Our intent is to help people and change their lives for the better.
Integrity, understanding, and responsibility are Attwood Marshall Lawyers’ core values. With offices located at Southport, Robina, Coolangatta, Kingscliff, Brisbane, Sydney and Melbourne, clients can visit their lawyer at whichever location is most convenient.
Find out more about Attwood Marshall Lawyers at https://attwoodmarshall.com.au
Contact details:
Melissa Summergreene
Media and Marketing Manager
Ph: 07 5553 5803 or +61 415 417 622
msummergreene@attwoodmarshall.com.au
