The Public Trustee’s work includes:
- acting as plenary or limited administrator appointed by the State Administrative Tribunal to manage the financial and legal matters of people who have been deemed incapable of doing so themselves;
- examining the accounts of private administrators appointed by the State Administrative Tribunal;
- acting as trustee for people under the age of 18; or when appointed to manage personal or criminal injuries compensation; or when appointed by Deed or order of a Court;
- administering the estates of people who have died; and
- preparing Wills and Enduring Powers of Attorney when appointed as Executor or done.
Definitions
Health Information
Means sensitive personal information that relates to a person’s health or disability. It also includes information about health services and preferences for future healthcare. The Public Trustee considers information about a person’s mental or psychological wellbeing to be health information.
Personal Information
Means information or opinions relating to an individual whose identity is apparent or can reasonably be ascertained from that information or opinion. This includes things like names, dates of birth, addresses, pseudonyms.
Sensitive Personal Information
Personal information related to a person’s racial, ethnic, gender, sexual, political, and philosophical identity or practices. It also refers to information about a person’s union or trade association membership, criminal records, and their health, genetic, genomic, or biometric information. This information is subject to additional privacy protections.
Information Collection and Use
We collect personal information to carry out our responsibilities or because the law requires it. This includes work related to courts and the State Administrative Tribunal.
The types of information collected can include, but is not limited to:
- correspondence from the public, including management of feedback;
- financial and other information from Federal and State Government agencies, banking institutions, utility and service providers; and
- details of staff, job applicants, and service providers.
Disclosure
We may share your personal, sensitive and other information with other agencies or organisations when it is needed for the purpose it was collected. For example, details in an Order issued by the State Administrative Tribunal may be given to a person’s bank so the Public Trustee’s authority to act on behalf of that person is recognised by the bank.
Sometimes we may share your personal information with other agencies or third parties for reasons other than the original purpose it was collected. Examples include:
- For research and evaluation purposes.
- To respond to a threat of harm.
We may share information for reasons other than for the original purpose when:
- The law allows us to share the information;
- We are legally required to provide it; or
- You have given informed consent to share it.
Exemptions from privacy legislation
In some situations, the Public Trustee does not have to follow privacy requirements, such as when:
- Another law gives specific directions on how the information must be managed; or
- The information is already publicly available.
Storage and Protection
We keep your information secure and manage it according to the WA Government Cyber Security Policy and the State Records Act 2000 (WA). Records are stored, protected, and disposed of based on their sensitivity, with safeguards to prevent unauthorised access, misuse, disclosure, or loss.
Accessing or correcting your personal information
Under the Freedom of Information Act 1992 (FOI Act), you have the right to access personal information held by government agencies. You can also ask us to correct information you believe is inaccurate, incomplete, outdated, or misleading.
Under s6(b) of the FOI Act access rights do not apply to documents that are already available for inspection (whether for a fee or charge or not) under Part 5 or another enactment.
s47(2) of the Public Trustee Act 1941 (WA) permits the Public Trustee to consider your request for access to documents under its own enabling legislation. To request access, submit a written application to PTOFeedback@justice.wa.gov.au
If your request relates to accessing or correcting personal information held by Registry of Births Deaths and Marriages, there may be other restrictions. Please refer to the linked page for full details The Registry of Births, Deaths and Marriages.
If your request relates to information held by a court, please refer to the eCourts Portal.
Privacy Policy
This statement is supported by the Department of Justice’s Privacy Policy, which explains how we manage privacy obligations. You can request a copy of the policy by contacting the Manager, Privacy and Responsible Information Sharing at PRIS@justice.wa.gov.au
Print this page
