Prior to the reference, the law in Western Australia relating to unclaimed money differed depending on how a potential claim to the money might arise. There existed provision for money to be paid to the Treasurer where it remained unclaimed for a certain period of time. However the requisite period of time before such payment was required differed depending on the category. Further, upon receiving a payment, the Treasurer was required to deal with the money differently depending on which category the payment arose from. There was an obvious need for consolidation of the law.
Terms of Reference
In 1973 the Commission was asked to consider and report upon the subject of unclaimed money.
Outcomes
In 1990 Parliament passed the Unclaimed Money Act 1990 (WA) which substantially implemented the Commission’s recommendations. The only recommendations not implemented by the legislation were those incidental to the main focus of the report. These dealt with reforms to the Aboriginal Affairs Planning Authority Act 1972 (WA) and to the jurisdiction of Supreme Court Masters to make orders under s 66 of the Trustees Act 1962 (WA).
