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.
