Warning
“Queensland Statute Reprints”
QUT Digital Collections
This copy is not an authorised reprint within the meaning of the Reprints Act 1992 (Qld).
This digitized copy of a Queensland legislation pamphlet reprint is made available for non-commercial educational and research purposes only. It may not be reproduced for commercial gain.
©State of Queensland
QUEENSLAND.
The Public Curator Acts, 1915 to 1947.
With Regulations and an Index.
(Complete as at 31st May, 1950.)
Compiled by direction of the Han. J. LARCOMBE, M.L.A.,
Attorney-General.
BRISBANE: .
By Authority: A. H. Tuck-er, Government Printer.
1950.
PREFATORY NOTE
"The P~tblic Curator Acts, 1915 to 1947," comprise the following .Acts, namely:-
Short Title of Act. Date of Assent.
" The Public Curator Act of 1915 " (6 Geo. V. No. 14) (By s. I this 13th Dec., 1915 Act came into operation on lst January, 1916)
"The Public Curator Act Amendment Act of 1924" (15 Geo. V. No.3) 8th Sept., 1924
" The Public Curator Act Amendment Act of 1926 " (17 Geo. V. No. 26) 26th Nov., 1926
"The Appropriation Act of 1938-1939, No. I" (2 Geo. VI. No. 1), 12th Aug., 1938 s. 4 (2)
"The Public Curator Acta Amendment Act of 1942" (6 Geo. VI. No. 29th Oct.; 1942 16)
"The Public Curator Acta Amendment Act of 1943" (7 Geo. VI. No. 23rd Sept., 1943 21)
" The Succession Acta and Another Act Amendment Act of 1943 " (7 21st Oct., 1943 Geo. VI. No. 28), Part III.
"The Public Curator Acta Amendment Act of 1945" (10 Geo. VI. No. 18th Dec., 1945 10)
"The Public Curator Acta Amendment Act of 1947" (II Geo. VI. No. 3rd Oct., 1947 25)
In addition to "The ·Public Curator Acts, 1915 to 1947," the Public Curator is referred to in a number of other Acts. These other Acts are not printed in this compilation, but hereunder is a list of several of such Acts showing the sections wherein reference is made to the Public
Curator.
Short Title of Act.
"The Backward Persona Act of 1938"
(2 Geo. VI, No. 30)
" The Companies Acta, 1931 to 1942" (22 Geo. V. No. 53 and amending Acts)
"The Trust Accounts Act of 1923"
(14 Geo. V. No. 4) as amended by " The Trust Accounts Act Amendment ·Act of 1925" (16 Geo. V. No.2)
"The Local Government Acta, 1936 to 1949,. (1 Geo. VI. No.1 and
amending Acts) .
" The Possessory Liens Act of 1942 "
(6 Geo. VI. No. 19)
No. of Section.
15 (4) (iv) 23 (I) 5 184 3A
52 (3) (vi.) 7 (2)
Public Curator-
to be notified of death of patient administration of estates of back-
ward persons by is district receiver
is official trustee in winding up transfer of trust property to
when Local Authority may serve process on
payment of surplus sale to '
lV. Prefatory Note.
Short Title of Act.
" The W arehouaemen' s Liens Act of 1938 " (2 Geo. VI. No. 5)
" The Contracts of Sale of Land Act of 1933 " (24 Geo. V. No. 26)
No. of Section.
8 (2) 8 (3) 8.(4) 5 (a)
Public Curator-
surplus proceeds of sal~
when payable to
when account sales to be fur- nished to
dealing with surplus by
sale by, exemption from fidelity bond
5 (i.) escrow with, exemption from
"The Succession Acta, 1867 to 1943"
(31 Vic. No. 24 and amending Acts)
31B (4)
fidelity bond
power of, to distribute in small estates not exceeding £200 among illegitimate children
31B (4) (iii.), when grant of administration to be 31B (5) made only to
" The Financial Emergency Act of 1931 " (22 Geo. V. No. 1) as amended by " The Financial Emergency Relief Extension Act of 1932 " (23 Geo. V. No. 10)
(iii.) 13 (3) 15 (2)
"The Mortgagors and Other Persona 1 (5) Relief Acta, 1931 to 1943 " (22
Geo. V. No. 6 and amending Acts)
"The Lessees' Relief Acta, 1931 to 2 (4) 1932" (22 Geo. V. No. 28 and amending Acts)
" The Mental Hygiene Act of 1938 " 1 (2) (2 Geo. VI. No. 21)
2 3 (1) 11 (4) 63 (1) 63 (2) 64 (1) 64 (2) 64 (3) 65 (1) 65 (2) 65 (3) 65 (4) 66 70 72 75
included in term " trustee " in Part V.
interest reduction provisions apply to
Act to apply to
. . Act to apply to
saving of appointment of, under . repealed Acts
meaning of term
power to prescribe duties of to be notified of death of patient to be notified of admission, death,
. or discharge of patient
report as to property of patient to be made to
general powers and duties of, relating to estate of mentally sick person
when, to administer estate of patient when powers, &c., of, to administer
patient's estate cease
as committee of estate of patient- appointment
powers and duties period of office
rescission of appointment Supreme Court may direct
inquiry by
trial before, with jury, of allegation that person is mentally sick
powers of, respecting estate of mentally sick person beyond State
as committee of the estate or administrator entitled to possession and management of estate
Prefatory Note. v.
No. of Short Title of Act. Section.
"The Mental Hygiene Act of 1938"
(2 Geo. VI. No. 21~ontinued.
76 (a) 76 (b) 76 (c) 76 (d) 76 (e) 76 {f) 76 (g) 76 (h) 76 (i) 76 (j) 76 (k) 76 (l) 76 (m) 76 (n) 76 (o) 76 (p) 76 (q) 76 (r) 76 (a) 76 (t) 76 (u) 76 ('11) 76 (w) 76 (x) 76 (y) 76 (z) 76 (aa) 76 (bb) 76 (cc) 76
77 (a) 77 (b) 77 (c) 77 (d) 77 (e) 77 {f) 77 (g)
78 79
so
81
Public Curator-
powers exercisable without order of the Supreme Court-- · taking possession of property sale
lease repair, insure
pay rates, taxes, insurance powers exercisable without leave
of Supreme Court--
surrender or convert life policy grant powers of attorney proceedings
compounding
institute bankruptcy proceed·
ings
institute criminal proceedings recover debts
discharge debts
surrender onerous property surrender lease and make new
lease
accept surrender of lease complete contract
maintain patient and his family extend or vary mortgage enter into family arrangement reinstate property destroyed by
fire
vary partnership
sell as mortgagee or lessor
· carry on trade or business maintain dependants of
patient
redeem mortgage or encum brance
pay maintenance costs improve or protect property of
patient
exercise powers under " The Public Ourator Acta, 1915 to 1938"
authorised to receive moneys due to patient from sources out of the State
powers exercisable with leave of Supreme Court--
sale
· lease
exchange or partition
expend moneys in improving estate
execute power· to lease exercise power vested in patient purchase home for patient or
his dependants
may, with sanction of Court, execute mortgages for certain purposes
exercise of powers without sanction of the Court where estate of less value than £500
power to act as truslee or guardian in lieu of patient
may execute assurance, &c., on behalf of patient
Vl. Prefatory Note.
Short .Title of Act.
"The Mental Hygiene Act of 1938"
(2 Geo. VI. No. 21)-continued.
No. of Section.
82 (1) 82 (2) 83 84 85 86 87 88
89 90 (1) 90 (2) 90 (3) 91 (1}
91 (2) 92 93 94 95 96 (2) 98 (1) 98 (2) 98 (3) 98 (4) 99 100 ll1 ll2
Public Curator- to be subject to the Court proof of authority under Act power to apply property of person
acquitted on ground of mental sickness for his benefit · capital moneys to form part of
common fund of
general application of " The Public Curator Acts, 1915 to 1938 "
power to proceed under " The Testator'B Family Maintenance Act of 1914"
power to dissolve partnership limit of contractual powers of
person of whose estate he is the committee or administrator may pay maintenance, &c., out of
estate
power to discharge cost of main- tenance of patient in mental hospital
may agree with relative for payment of maintenance
power to proceed for order to pay maintenance
power to obtain information on oath liability of person failing to appear on summons to give information by
may apply to Court for directions saving of powers respecting pro-
tection of aged and infirm persons power to deal with stock belonging
to mentally sick person
summary proceedings by, for pro- tection of property
when deemed to be ex officio com- mittee of estate
when committee of estate to give·
security to
Court to direct what security to be given by committee of estate to may apply to Court for further or
other security by committee of estate
power to enforce security against committee of estate
committee of estate to give state- ment of estate to
committee of estate to pay per- centage to
powers with respect to lunatic in British possession
power of, to pay over estate of lunatic to officer in British possession
In the matter of unclaimed moneys held by certain banks and life insurance companies attention is drawn to the provisions of section 56 of the B_anking Act 1945 of the Commonwealth (No. 14 of 1945) and of section 106 of the Life Insurance Act 1945 of the Commonwealth
(No. 28 of 1945), respectively.
9th June, 1950.
JOHN SEYMOUR,
Parliamentary Draftsman's Office.
TABLE OF CONTENTS.
PUBLIC CuRATOR .ACTS, 1915 TO 1947
. '
REGULATIONS INDEX
PAGE.
1 84 103
*The Public Curator Acts, 1915 to 1947.
THE PUBLIC CURATOR ACT OF 1915 (6 Geo. V. No. 14)
AS AMENDED BY
The Public Curator Act Amendment Act of 1924 (15 Geo. V.
No.3).
The Public Curator Act Amendment Act of 1926 (17 Geo. V.
No. 26).
The Appropriation Act of 1938-1939, No. 1 (2 Geo. VL No. 11.
The Public Curator Acts Amendment· Act of 1942 (6 Geo. VI.
No. 16).
Tlie Public Curator Acts Amendment Act of 1943 (7 Geo. VI.
No. 21).
The Succession Acts and Another Act Amendment Act of 1943 (7 Geo. VI. No. 28), Part III.
The Public Curator Acts Amendment Act of 1945 (10 Geo. VI.
No. 10).
The Public Curator Acts Amendment Act of 1947 (11 Geo. VI.
No. 25). ·
An Act to Constitute a Public Curator, and to Prescribe his Powers and Duties, and for purposes consequent thereon
or incidental thereto. .
[ASSEN'l'ED TO 13TH DECEMBER, 1915.)
B
E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the t Legislative- Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : -PART I.-PRELIMINARY.
1. This Act may be cited as the "Tke P1tblic Curator Act of PART r.- 1915," and shall come into operation on the first day of January, P;u~~AR~
one thousand nine hundred and sixteen. ~n~rt e
· commence-
2. This Act is divided into Parts as follows:- ment.
p .ART I.-PRELIMINARY;
PART !I.-THE PuBLIC CURATOR AND' HIS OFFICE;
PART !!I.-TRUSTS AND ESTATES GENERALLY;
tPART !!!A.-PROTECTION OF AGED AND INFmM PERSONS;
PART IV.-AnMINISTRATION oF CoNVIcTs' PROPERTY;
p .ART V.-UNCLAIMED. PROPERTY:
DIVISION l . .:.._LAND ;
DIVISION 2.-oTHER PROPERTY;
DIVISION 3.-MONEY;
pART VI.-GENERAL.
* This collective title was conferred by s. 1 of ''The Public Curator Acta Amendment Act of 1947."
t The Legislative Council of Queensland was abolished by '' The Con- stitution Act Amendment Act of 1922.''
; The reference to Part iliA was inserted by s. 2 ()£ ' ' ThiJ Public Curator Ar.t A-mendment tl.ct of 1924."
Division of Act.
2
Amendment,
&c., of certain enactments.
N.S.W. 1913, No. 19, s. 3 Schedule.
Interpreta- tion.
41.Vic.
No. 24, s. 1, N.Z.1908, No. 159, s. 2.
Convict.
N.Z. 1908, No. 149, s. 52.
The Public Curator Acts, 1915 to 1947.
3. (1.) The Acts mentioned in the *First Schedule to this Act are repealed or amended to the extent and in the manner therein set forth:
Provided that, without limiting the operation of t'' The Acts Sh&rtening Acts"-
( i.) Such repeal shall not affect the validity of any act or thing lawfully performed or done, or the liability of any person to pay any fees or expenses lawfully payable pursuant to any such repealed enactment, but such acts or things shall be deemed to have been performed and done by, and .such fees and expense to be payable to, the public curator under this Act ;
( ii.) The public curator shall by virtue of his office be deemed to be curator of intestate estates for the pur- pose of any estate to which the t" Curator of Intestate Estates Act of 1867 '' now applies, and to have been so appointed under and for the purposes of that Act;
(iii.) In the case of any insolvency under any Act prior to
§"The Insolvency Act of 1874," the affairs of which have not yet been fully administered, the whole of.
such unadministered estate, and every power, right, title, privilege, and remedy vested in or competent to any assignee by virtue of ,his appointment under such Act, shall, without any conveyance or assignment, become vested in the public curator, who is hereby authorised exclusively to do all such acts and things with respect to such insolvency as fully and effectually as if the same were an insolvency under §"The Insolvency Act of 187 4." And the trustee of such estate shall for- ward returns of all moneys received and disbursed by him since a date to be fixed b'y the public curator, and shall pay over any balance remaining from such moneys to the public curator :
Provided that nothing herein shall impose any liability on the public curator for any wrongful act or omission of such trustee, or relieve such trustee from any personal liability therefor; and the liability, if any, of the public curator under this Act shall be limited to the value of the property which has devolved upon him as aforesaid.
4. In this Act, unless the context otherwise indicates, the following terms have the meanings set against them respectively, that is to say:-
"Convict"-Any person who .upon a charge of a llcapital offence has been sentenced to death, or any person who after conviction of any indictable offence is undergoing a sentence of imprisonment for a term of three years or upwards with or without hard labour;
* Word "First" inserted by s. 2 of "The Public Curator Acts Amend- ment Act of 1945.''
t 31 V. No. 6 and amending Acts.
+ 31 V. No. 10, repealed.
~ 38 V. No. 5.
II The sentence of death was abolished by ''The Cri·111inal Code A rnend- rnent Act of 1922" (13 G. 5 No. 2).
The Public Cttrator Acts, 1915 to 1947.
''Estate'' or ''estates''-Any property under administra- Estate.
tion or . held, managed, or controlled by the public curator in any capacity whatsoever;
''Expenses'' includes costs and ch~rges ; Expenses.
"Minister"-The Attorney-General or other Minister of.the Minister.
Crown charged for. the time being with the administra- tion of this Act ;
"Order to administer".:__An order granted by the court to Ord~r to the public curator to administer the estate of a deceased administer.
person, whether general or special or limited in any way, and whensoever or wheresoever such person may have died;
''Property'' includes both real and personal property of Property.
every description or kind whatsoever;
"Public Curator"-The pu1blic curator of Queensland con- Public
stituted by this Act; curator.
"Regulations"-Regulations made under the authority of Regulations.
this Act;
"Rules"-Rules of the Court made under the authority of Rules.
this Act;
"Supreme Court" or "Court"-The Supreme Court of Supreme Queensland or a Judge thereof ; gg~~. or
"This Act"-This Act and all rules, regulations, and Orders This Act . . in Council made thereunder ;
"Trust" does not include the duties incident to an estate Trust.
mortgaged; but, with this exception, "trust" and
"trustee" include implied and constructive trusts, and include cases where the truStee , has some beneficial estate or interest in the subject of the trust, and include also the Crown or any public officer, or an executor or administrator, and the !Juties incident to the office of personal representative of a deceased person;
"Trust instrument" includes a will, settlement, or other Ti rutst - t
. . t h h h nsrumen.
rq.strument creatmg a trus , w et er t e same was made, or came or .is to come into operation, or took or is to take effect, before or after the commencement
of this Act; ·
''Trust property'' includes all property in the possession or Trust under the control, wholly or partLy, (of the public property.
· curator, o~ to which he is entitled by virtue of any trust.
''Will'' includes a codicil. Will.
S. (_1.) Save a~ by this A~t is otherwise expressly provided, ~fX~i~!ion
the provisions of thrs ·Act relatmg to trusts and trust mstruments trusts.
apply to those ,in existence at the commencement of this Act as well as to those hereafter created.
(2.) The powers and discretions of the public curator under saving.
any of the provisions of, this Act shall be in addition to and not in restriction of any powers or discretions vested in him in his capacity as a trustee under any other Act.
3
4
PART {I.- THE PUBLIC CURATOR AND
His OFFICE.
Appoint- ment or
public curator and deputies.
Local deputies.
English Rules, 33.
The Public Curator Acts, 1915 to 1947.
PART II.-THE PUBLIC CURATOR AND HIS OFFICE.
6. (1.) The Governor in Council may from time to time appoint an offi-cer to be called "the public curator," and an officer to be called ''the deputy public curator.''
The office of the public curator shall be at Brisbane.
(2.) The Governor in Council may establish at Rockhampton, within the Central District as defined by *"The Central and Northern Districts Boundaries Act of 1900," and at Townsville, within the Northern District as defined by the said .Act, branches of the public curator's office, and may from time to time appoint a local deputy public curator or local deputy public curators for each such district.
tThe Governor in Council may also from time to time appoint such local deputy public curators for the Southern district of the State as he thinks proper.
(a) With respect to local deputy public curators appointed for the Southern district; and
(b) If more than one local deputy public curator is appointed for the Central district or the Northern district , respectively, the Minister may direct the respective places within the districts concerned at which the office of each such deputy of the public curator shall ibe situated, and may define the respective localities in and for which each such deputy shall conduct the business of ~he public curator.
( 3.) The public curator shall, by and through himself and his deputies and agents, exercise and perform his powers and duties for the whole of the State.
( 4.) Every deputy of the public curator shall exercise his office under the general control, supervision, and direction of the public curator.
The public curator may authorise any of his deputies to exer- cise and perform (either generally or in relation to any particular case and subject to such conditions and restrictions, if any, as he may impose) all or any of the powers and duties of the public curator under this .Act except the power or duty of determining whether a trust or estate shall be administered from his office or from a branch office .
.Any such authority, conditions, or restrictions may at any time be withdrawn or varied by the public curator.
( 5.) Subject as aforesaid-
( a) Whenever under or pursuant to this or any other .Act, or any rule, regulation, or document, anything may be done or is appointed to be done by or any reference is made to the public curator, the same may be lawfully done by or the reference shall be deemed to extend to the deputy public c1,1rator;
" 64 V. No. 2.
t Inserted by s. ~ of "The P11blir C.11.Tiltor dct Amendment dot Df 1926.''
The Public Curator Acts, 1915 to 1947.
(b) Every local deputy public curator may, in relation to the district for which he is appointed, perform all the duties and functions and exercise all the powers and authorities which are by this Act or by any other Act, rule, regulation, or document imposed and conferred upon and vested in the public curator;
and while so acting his deputy shall have the same powers, duties, and liabilities, and be entitled to the same immunities, as the public curator.
(6.) No person shall be concerned to see or inquire whether- ( a) Any acts, dealings, or transactions by or with the public
curator or any of his deputies, officers, or agents are or are not within his powers; or ..
(b) Any occasion has arisen requiring· or authorising his deputy to act, or as to his authority, or as to the necessity for or propriety of his appointment; and all acts or things done or omitted by his deputy shall be as valid and effectual and shall have- the same conse- quences as if the same had been done or omitted by the public curator. ·
(7.) The Governor in Council may from time to time appoint such officers as are necessary for the purposes of this Act.
7. (1.) The offices respectively of curator of intestate estates, certain
curator in insanity, official trustee in insolvency, and principal ~J!~f.hed.
receiver in insolvency are abolished. .
Subject to this Act, the former powers and duties of such officers shall be exercised and performed by the public curator.
All orders or gi-ants made by the court empowering the curator of intestate estates to administer estates shall, on the r.ommencement of this Act, take effect as orders to administer, empowering the public curator to administer such estates.
All property vested in o"r held by or on behalf of the curator of intestate estates, the curator in insanity, or the official trustee in insolvency by virtue of any Act shall, on the commencement of this Act, pass to and become vested in the pulblic curator.
So far as is necessary for giving effect to this Act, whenever qonstruc-
in any other Act, ·rule, regulation, or document any reference is ~t~~r0~cts, made to the curator of intestate estates, or to the curator in &c.
insanity, or to an official trustee in insolvency, or to the principal receiver in insolvency, such reference shall be construed as a reference to the public curator.
(2.) The office of district receiver in insolvency is abolished, and, subject to this Act, the former powers and duties of every district receiver in insolvency shall be exercised and performed by such officer as the public curator designates respectively in that behalf.
(3.) Ail the duties, powers, authorities, and functions which Duties of
by *"The Insolvency Act of 1874" were imposed or conferred upon accountant
nr vested hi the accountant in insolvency, and which by t'' The ~~1~:f:;ree'dcy
·
Insolvency, Intestacy, and Insanity Administration Act of 1893" ~~r~~~;ic
were transferred to and imposed and conferred upon and vested in 57 Vic.·
- - - -~~-5 }g·lo.
"'35 V. No. 5.
t 57 V. No. 15, repealed by this Act. See Schedule.
6
Return of accounts in liquidation to public curator.
Outstanding assets after close of liquidation.
Delay, &c., liquidation in proceedings.
The Public Curator Acts, 1915 to 1947.
one or more of the offi'Cial trustees appointed by the Governor in Council in that behalf, shall, on the commencement of this Act, be transferred to and imposed and conferred upon the public curator, and the term "trustee" in sections one hundred and thirty- six, one hundred and ·ninety-three, one hundred and ninety-four, and one hundred and ninety-five of*" The Insolvency Act of 1874"
shall be construed as relating solely to a trustee appointed by the creditors.
tSection one htmdred and ninety-three of the said last- mentioned Act shall not apply to the public curator.
( 4.) Notwithstanding anything to the contrary in section two hundred and two, subsection nine, of the said Act, the provisions of that Act as amended by this Act with respect to the audit of trustees' accounts shall apply in the case of a debtor whose affairs are under liquidation by arrangement, and sections one hundred and ninety-three, one hundred and ninety-four, and one hundred and ninety-five of that Act shall be construed as applying equally to every trustee under such liquidation, as well as every trustee appointed by the creditors.
(5.) Whenever proceedings in liquidation by arrangement have been closed, and the trustee has obtained his release, all outstanding assets belonging to the estate of the debtor shall vest in the public curator, and he shall be deemed to be the trustee in such liquidation for the purposes of realising such assets and properly distributing the same, and of the debtor's discharge, and of any other matter or thing which may arise in connection with
the estate. ·
t (
6;) Whenever proceedings in liquidation are or are likely to be delayed, or the interests of the creditors or of the debtor are or are likely to be prejudicially affected, by reason of the death or absence or conviction or improper conduct of the trustee, or for any other cause, the court, upon an application by the public curator in . that behalf, may order that all outstanding assets belonging to the estate of the debtor shall vest in the public curator, and that he shall be the trustee in such liquidation for the purpose of realising such assets and properly distributing the same, and the court may make all such further orders and give all such further directions as it thinks proper in connection with the matter:Provided that nothing herein contained shall impose any personal liab"ility on the public curator on account of anything wrongfully done or omitted to be done iby the trustee aforesaid, and the liability of the public curator for anything wrongfully done or omitted to be done shall in all such cases be limited to the extent of the net value of the assets which have devolved upon him as aforesaid: Provided further that nothing herein contained shall relieve any such trustee from any such personal liability as aforesaid.
Application 8. The power contained in any other Act of makin~ rules or
of rules, &c. re!!11lations with reference to the performance and exercise of the 0 . .
* 38 V. No. 5.
t Original paragraph rel?ealed, and this provision inserted in lieu thereof by s. 3 (1) of "The Public Curator Act Amendment Act of 1924.''
t Subsection (6) added by s. 3 (2) of "The Public Curator .Act Amendment Act of 1924."
The Public Curator Acts, 1915 to 1947.
duties and powers of the curator of intestate estates, or of the curator in insanity, or of an official trustee in insolvency, or of the principal receiver in insolvency, or of the public curator, shall extend to authorise the making of rules or regulations with reference to the performance and exercise of the duties and powers of the public curator and of every deputy of the public curator
with respect to the same matters.
9. (1.) The public curator is hereby constituted a corporation Public
sole under the name of ''The Public Curator of Queensland,'' with ~o%~t~:u~n perpetual succession and a seal of office. ~.18:w. 19u,
*The public curator shall be capable in law of suing and being ~~z.\l9Jit Rued, and of taking, purchasing, holding, aliena,ting, conveying and No. 159, s. 4.
otherwise dealing with real and personal, moveable and immove- able property within and outside the State of Queensland, and of doing and suffering all such other acts and things as bodies cor- porate may by law do and suffer.
(2.) The appointment of the public curator and of his deputies and their signatures, and the seal of the public curator, shall be judicially noticed.
7
10. Where the public curator is authorised to enter into any contracts.
contract or exercise any power, such authority may be exercised as ~~~·11~~~: 11•
follows:-
Any contract which if made between private persons, or any power which if exercised by private persons,-
Firstly, must be by deed or in writing under seal;
Secondly, must be in writing signed by the parties thereto or the persons executing the power;
Thirdly, may be made or exercised verbally, without writing;
When entered into or exercised by the public curator,- In the first case, shall be in writing under his seal, and
signed _by or on behalf of the public curator;
In the second case, shall be in writing, signed by or on behalf of the public curator;
In the third case, may be made or exercised verba_lly, with- out writing, by or on behalf of the public curator.
· 11. (1.) The public curator may appoint any person to act Appoint-
. · ment and
as his agent. duties of
At the request of the public curator, any clerk of petty ses-~~~%;:: 1913, sions and any other State officer shall act as such agent within his No. 19• s. 10· district, and with, under, and subject to such powe_rs, conditions,
and limitations as are contained in such appointment.
( 2.) Every such agent, not being a clerk· of petty sessions or other State officer, shall, if required by the public curator, give such security for the clue performance of his duties as the public curator thinks proper and sufficient.
12. Any officer or agent of the public curator who is Delegation
authorised by the public curator in writing in that behalf, whether ~~r~~~:~c generally or in any particular case, may make any oath or declara- ~;·N~3•44 tion required to be made by the public curator, or verify any · ' · ·
* Paragraph inserted in lieu o£ paragraph (repealed) by s. 2 o£ "The Public Curator .Acts Amendment Act of 1947."
8
No bond by public curator.
Officers to make declaration o! secrecy.
N.Z.1913, No. 19, s. 41.
Employment ot solicitors,
&c.
Restriction on fees, &c.
6 Edw. 7, c. 55, s. 11.
Fees.
6 Edw. 7, c. 55. s. 9.
N.S.W. 1913, No. 19, s. 9.
The Public Curator Acts, 1915 to 1947.
account, or execute transfers and assurances of any property, or sign or seal any documents or instruments requiring the public curator's signature or seal, or give consents or appear and conduct proceedings and give personal attendance in any court, or generally do any act or thing whatsoever for and on behalf of the public curator.
When so signing, such person shall sign his personal name, adding the words ''acting under the authority of the public curator of Queensland pursuant to *'The Public Cttrator Act of 1915,' "
and he shall affix the public curator's seal in cases requiring the nse of such seal ; and such person's signature shall be judicially taken notice of without further proof.
Any such transfer, assurance, consent, document, or instru- ment executed as aforesaid by such person shall have the same
effect as if the same were executed by the public curator personally.
13. No bond or other security shall be required from the public curator or any of his deputies in relation to his appointment to or acting in any office or capacity pursuant to this Act.
14. Every member of the staff of the public curator, and every agent of the public curator, shall be bound to secrecy by declara- tion in the prescribed form.
15. The public curator may, subject to the regulations, employ such solicitors, counsel, bankers, accountants, and brokers or other persons as he considers necessary.
In determining the persons to be so employed in relation to any trust, he shall have regard to the interests of the trust, but subject to this shall, whenever practicable, take into consideration the wishes of the creator of the trust and of the other trustees (if any), and of the beneficiaries, either expressed or as implied by the practice of the creator of the trust, or in the previous management of the trust.
16. The public curator f!hall not, nor shall any of his deputies or officers, act under this Act for reward, except as provided by this Act.
17. (1.) There shall be charged and payable in respect of the duties and services of the public curator such fees, whether by way of percentage or otherwise, as are prescribed by the regulations.
Such fees shall be collected and accounted for by such persons a.nd in such manner, and shall oe paid to such accounts, as are so prescribed.
(2.) Any expenses which might be retained or paid out of the trust property if the public curator were a private trustee shall be so retained or paid, and the prescri9ed fees shall also be retained or paid in the like manner as and in addition to such expenses.
(3.) Such fees shall under the regulations be applied as an appropriation in aid of moneys provided by Parliament for
* This Act.
The Public Curator Acts, 1915 to 1947.
expenses under this Act, and so far as not so applied shall be paid into the Treas_ury *in ~hole or in part as from time to time directed by Order m Counml.
( 4.) The incidence of the fees and expenses under this section as between corpus and income shall be determined by the public curator.
18. (1.) Subject to this Act, all tmoneys, however arising, common vested in the public curator, whether directed to be invested or not, f~~~st~~~~~
shall tiecome one common fund (he.rein called the ''common fund''), and shall be invested by him. ~-Z·st32, 3'3. 11~os.
I f h h N.S.W. 1913,
nvestments made rom t e common fund s all not be made No. 19. s. 36.
on account of or belong to any particular trust or estate. ~~r~!~~7.
Subject to this Act, interest earned by such investments shall be paid into the common fund.
(2.) The public curator may invest in any of the investments Mannerof
in which, under t" The Trustees and Exemttors Act of 1897," or investment.
any Act amending the same, trustees are authorised to invest trust funds, and also in any class of investment from time tb time approved, for the purposes of this Act, by the Governor in Council by Order in Council published in the Gazette.
(3.) He may invest or retain invested money belonging to·any trust or estate and coming to his hands in any investment authorised by the trust instrument or (save as otherwise provided by that instrument) authorised by law, and may (save· as so provided) retain any investment existing at the date of the com- mencement of the trust, or (where the trust arises on an intestacy) at the date of the Q.eath of the intestate.
(4.) The interest payable to the respective trusts or estates the moneys of which form the common fund shall be ~t a rate to be from time to time determined by the Governor in Council.
Such interest shall b'e credited to the respective trusts or estates §half-yearly, on the first days of January a,nd July in each year.
(5.) Provided that moneys expressly directed to be invested Special
otherwise than as mentioned in subsection two h!lreof shall not ~~~=~J~ents
form part of the common fund, and the public curator may invest common
such moneys in accordance with such direction. But any loss or func'.
deficiency in respect of any such investments, or of the money received therefrom or realised thereby, shall be borne by the trust or estate to which such moneys belong, or if received or realised would belong.
19. (1.) In order to admit of the moneys in the common fund Temporary
being kept· closely invested, or to· provide moneys wherewith to ~g~~~~f~
make advances in connection with estates, the public curator may, curator .
. h" h l f h M' . t . h bt . d N.Z. 1912,
mt t e approva o, t e lUIS er In eac case,- o a1n _a vances No. 17, s. 3.
* Words to end of subsection added by s. 3 of "The Public Curator Acts Amendment Act of 1945.''
t Word "capital" repealed by s. 4 of "The Public C1trator Acts Amendment Act of 1945."
:t: 61 V. No. 10 and amending Acts.
~ Words "quarterly, on the first days of January, April, July, and October" repealed and the words "half-yearly, on the first days of January and July" inserted by s. 4 of "The Public Curator Acts Amendment Act
of 1945. '' B
9
10
Deficiency in common fund.
N.Z.1908.
No. 159, s. 35.
Advances for administra- tion purposes or against
!::ihare~.
English Rules, 29.
N.S.W. 1913, No. 19, s. 39.
N.Z. 1908, No. 159.
ss. 37, 38 ; 1913, No. 17, s. 6.
Public Curator Investment Board.
The Public Curator Acts, 1915 to 1947.
f:rom the Treasurer or the bank at which the public curator's account is kept, by hypothecating securities held by him in respect of investments of the common fund.
(2.) Every such advance shall be for such period, not exceed- ing four months, and at such rate of interest as are approved by the Minister :
Provided that on the expiration of the said period the advance may be renewed for the same or any shorter period, and so on from time to time.
(3.) The total amount of advances to the public curator under this seetion outstanding at any one time shall not exceed sixty thousand pounds.
20. If the common fund is insufficient to meet the lawful claims thereon, the Treasurer shall, without further appropriation than this Act, pay such sums out of the Consolidated Revenue Fund as are necessary to meet the deficiency.
21. (1.) The public curator may make advances out of moneys standing to the credit of the common fund for the purposes of any trust or estate in course of administration or about to be administered by him.
(2.) Where an esta,te is under administration by him and there is no money or not sufficient money available to make payments required to be made on account of such estate, whether to the persons entitled thereto or to a share or interest therein or other- wise, he may advance and pay for or on account of such estate any sum of money (not exceeding in the whole one-half the total value of the property) which he is authorised or required to pay.
(3.) Where an estate is under administration by him and any person entitled to a share of that estate desires an aqvance against his share, he may make advances to that person not exceeding in the whole one-haJf of the value of the share as estimated by the public curator.
( 4.) All sums so advanced, with all interest thereon, shall be a first charge upon all the property of the estate, or the share advanced against, as the case may be, and shall bear interest at the rate fixed by the public curator, but not exceeding six pounds per centum per a:q.num.
(5.) All interest received under this provision shall be paid into the common fund.
(6.) A certificate under the hand and seal of the public curator stating the amount owing for advances and interest on any specified date, by the estate, or person to whom the advances were made, and the share if any against which they were made, shall be sufficient evidence of the facts until the contrary is proved.
*21A. (1.) All investments of funds by the public curator shall be controlled and managed by a Board to be called ''The Public Curator Investment Board" (herein in th~s section referred to as " the Board") .
• Section 21A inserted by s. 2 of ''The Publ·ic Curator Acts Amendment Act of 1942.''
The Public Curator Acts, 1915 to 1947.
(2.) The Board shall consi"t of three members as follows.
namely:-
( i.) The Insurance Comm i.ssioner ; and (ii.) The Public Curator,
eaeh of whom shall be e.x officio a m~mber thereof, and- (iii.) An officer of the Department of the Treasury appointed
by the Governor in Council, who shall be a member during the pleasure l)f the Governor in Council.
( 3.) At any meeting of the Board two members thereof shall form a quorum.
The Insurance Commissioner shall preside at all meetings of the Board at which he is present and in his absence the public curator shall so preside.
( 4.) The public curator shall-
(i.) Not invest any funds without the approval of the Board first had and obtained;
(ii.) Satisfy the Board that every proposed investment of funds by him is legally authorised and that he has done and executed or caused to be done and executed all such acts, matters, and things as he is by this Act or by any other Act or law or by any relevant instrument required to do and execute preliminary to such investment;
(iii.) Account to the Board continuously for every invest- ment made by him and produce to the Board from time to time and at all times all such accounts, securi- ties, and other documents, and all such information and reports as will enable the Board to examine the then state of any investment made by him or as may be required by the Board;
(iv.) In the case of any investment upon the security of a mortgage or other charge over property, report forth- with to the Board any breach of any term or condition
of such mortgage or charge, and exercise against a defaulting mortgagor all such rights and remedies had and possessed by him as the Board shall direct, and account to the Board for the due and proper exercise by him of all such rights and remedies.
Paragraphs (ii.), (iii.), and (iv.) of this subsection shall apply as well to investments made by the public curator before as to investments made by him after the passing of ""'The Pt~blic
Curator Acts Amendment Act of 1942".
(5.) The public curator shall continue to be legally liable for any act, matter. or thing done or executed or omitted to be done or executed by him by direction of the Board to the same extent as he would have been so liable if this section had not been enacted and he had himself elected to do or execute or to omit to do or execute such act, matter, or thing:
Provided that no person whomsoever shall have any action.
' claim, or demand for damages or compensation or any other right or remedy whatsoever against the Board or any member thereof for or in respect of any loss or injury sustained or alleged to have
* 6 G. 6 No. 16.
11
12
Exemption of certain advances and in vestments from the operation of par. (i.) of subsec. 4 of
thi~ section.
The Public Curator Acts, 1915 to 1947.
been sustained by reason of the fact that the public curator did or omitted to do any act, matter, or thing by direction of the Board.
(6.) In addition to investments made or proposed to be made from the common fund, this section extends to all funds whatso- this section, the provisions of paragraph (i.) of subsection four of ever invested or proposed to be invested by the public curator and agent or in any other capacity whatsoever.
*(7.) Notwithstanding anything hereinbefore contained in whether invested or proposed to be invested by him as trustee or as
this section shall not apply to the following matters, namely:- (i.) Any advance made or to be made by the Public Curator under and pursuant to the provisions of section twenty-one of this Act from ~oneys standing to the credit .of the Common Fund in respect of a.ny trust or estate in course of administration or about to be administered by him.
(ii.) Any investment from time to time made by the Public Curator-
( a) Under a power of attorney in which he is specifically directed by the principal thereunder to make such par- ticular investment;
(b) Under any instrument declaring or creating a trust (including without limiting its meaning, any will or other testamentary document) and appointing the Public Curator as Trustee whereby the Public Curator is directed, authorised, and empowered by the creator of the trust concerned to make the particular invest- ment specified in the instrument of trust concerned;
(c) In the purchase of debentures issued by a Crown cor- poration, or State instrumentality which corporation or instrumentality is specially authorised to issue such debentures by the Act constituting such corporation or
"instrumentality or in the subscription to or purchase of any loan or loans issued by the Government of the Commonwealth of Australia or of any State thereof;
(d) At the request of the beneficiaries who are sui juris in estates in course of administration or about to be administered by the Public Curator, qf such portion of the estate concerned and approved by the beneficiaries in the purchase of shares in a company additional to the shares already held in such company on behalf of the estate concerned and where on a reconstruction thereof by increase ·of capital or otherwise; the share- holders therein are offered an option to take up addi- tional shares;
* Subsection (7) added by s. 2 (1) of "The Public Curator Acts Amendment Act of 1943." Section 2 (2) of that Act provides-
Retrospective Operation of Section.
(2.) The amendments made in the Principal Act by this section shall take effect on and from the date of the passing of ''The Public Curator Acts Amendment Act of 1942," and to that extent this Act shall have retrospective operation and effect, accordingly.
Subsection (7) is here printed as amended by s. 5 of "The Public Curator Acts Amendment Act of 1945.''
(e)
(f)
The Public Curator Acts, 1915 to 1947.
Of portion of the Unclaimed Moneys Fund as and when directed by the Governor in Council so to invest same under and, in accordance with the provisions of·
section twenty-four of this Act.
Under the provisions of Part IliA. of this Act and of
*"The Mental Hygiene Act of 1938."
13
22. The Thfinister, and any officer of his department authorised Inspection
hy him, shall have at all times access to all the books, accounts, ~n;~k~~r documents, and papers in the public curator's office, and the public ~~~~~~r.
curator shall at all times furnish to the Minister all such informa- N.s.w. 1913,
· h M' · · No. 19. s. 41.
tlon as t e Inister reqmres. N.z. 1908,
The accounts of the public curator in every capacity in which No. 159 ' •· 42
'
he acts shall be audited by the Department of the Auditor-General ; and the public curator, his deputies, officers, and ~ents shall be deemed to be public accountants within the meaning of
t"
The Audit A,cts, 1874 to 1906."The Auditor-G:eneral shall have with respect to the public curator's office all the powers which he possesses with respect to officers in the public service.
23. ( 1.) The public curator shall make or cause to be made Accounts to
an inventory of each estate in course of administration by him, ~1 ~~~- and shall retain the same in his office, and shall keep an account ~o.
r·\"·
37.0f all his receipts, payments, and dealings in every such estate, R~fe~~ 32, 33.
and shall retain all letters received and copies of all letters written by him and all deeds, papers, and writings of and relating to every such estate.
He shall file a copy of such inventory in respect of each estate in the registry of the court; but, notwithstanding any Act, rule, or practice to the contrary, it shall not be necessary for him to file any such account in such registry.
(2.) Upon an a·pplication in writing by or with the authority of any person interested in any such estate, the public curator shall-
(a) Permit the applicant or his solicitor or other authorised agent to inspect and take copies of any entry in any register relating to the estate, and (so far as tJ:e interest of tbe applicant is or may be affected thereby) of any account, notice, or other document in the custody of the public curator; and
(b) At the expense of the applicant supply him or his solicitor or other authorised agent with a copy of any such entry, account, or document as aforesaid, or of any extract therefrom ; and
(c) Give to such applicant or his solicitor or other authorised agent such information respecting the estate and the trust property as is reasonably requested in the application and is within the power of the public curator.
(3.) Subject as aforesaid, the public curator, his deputies, officers, and agents, shall observe strict secrecy in respect of every trust or estate in course ·of administration by him.
* 2 G. 6 No. 21.
t 38 V. No. 12 and amending Acts.
14
Unclaimed Moneys Fund investment
Public curator's accounts and balance- sheet.
41 Vic.
No. 24, s. 38.
N.S.W. 1913, No. 19, s. 40.
N.Z.1908, No. 159, s. 39.
The Public Curator .Acts, 1915 to 1947.
24. There shall be established by the public curator an account to be called the "Unclaimed Moneys Fund."
The Governor in Council may direct that the whole or part of the moneys paid to the credit of the Unclaimed Moneys Fund shall be invested in the purchase of Government. debentures or stock *'or in any class of investment from time to time approved by the Governor in Council by Order in Council published in the Gazette, and the interest arising from such investment shall be paid into the Consolidated Revenue Fund.
t25. The public curator shall in every year, not later than the thirty-first day of August, transmit to the :Minister, to be laid before Parliament-
( a) A balance-sheet setting forth the assets and liabilities as at the thirtieth day of June last preceding;
(b) A statement showing the total receipts and expenditure during the year ended on the thirtieth day of June last preceding;
(c) A profit and loss account setting forth the total revenue and expenditure of the public curator's office during the year ended on the thirtieth day of June last pre- ceding;
(d) A statement showing the position and investment of the Unclaimed Moneys Fund.
custody of 26. All documents of title held by the public cu;rator shall
~~c~W~:~ts be kept in safe custody in such manner as he directs, and may be
N.z. 1913, produced or parted wfth by his authority as and when he thinks
No 19 · · s. 39.-proper m t e con uc o t e usmess o . h d t f h b . f h' 1s o ce. ffi
Lands not under Real Property Acts.
Registration ot titles.
41 Vic.
No. 24, ss. 25, 26.
Public curator may require issue of
in~truments
of title.
N.Z. 1908, No. 159, s. 2.
Searches.
27. (1.) All freehold land which becomes vested in the public curator under or pursuant to this or any other Act, and which is not subject to the provisions of t" The Re,_al Property Acts, 1861 to 1887," may be brought by him under the provisions of those A.cts.
(2.) The proper registrar of titles shall register transmission of any real property to the public curator when duly appointed, and register all transfers and other instruments executed by the public curator, in the same manner as transmission is now entered up to the devisee, and as transfers and other instruments are now registered.
(3.) Whenever in any case the title of the public curator is defective through the non-existe:rlce or non"issue of any ii1Strument of title which ought to be issued,· then the public curator may require the same to be issued to him, and the proper officer shall upon such request issue the same to him accordingly.
( 4.) The registrar-general and the Department of Public Lands, and every officer of the Supreme Court and every registrar cf titles, registrar of companies, registrar of firms, and mining
* Words ''or in any elass of investment from time to time approved·
by the Governor in Council by Order in Council published in the Gazette"
inserted by s. 4 (2) of ''The App·ropriation Act of 1938-1939, No. L'' t Section printed as amended by s. 4 of ''The Public Curator Act Amendment Act of 1924."
~ 25 V. No. 14 and amending Acts.
