The WA government will develop a revised fee model and independent governing board for the state's Public Trustee.
It comes after an ABC investigation into state care around the country revealed numerous accounts of the community's most vulnerable people receiving questionable care.
In WA, the Public Trustee has been facing increasing scrutiny from clients, lawyers, and advocates about the body's fees, oversight measures, transparency, and the gag laws preventing people under state care from speaking out.
WA Attorney-General John Quigley has told parliament an independent governing board will be established.
"Prior to the establishment of an independent governing board to strengthen the oversight of the Public Trustee, an interim advisory board will be established," he said.
Across Australia, some clients unknowingly subsidise the fees of others who can't afford to pay in order to fund the trustee operations.
In WA and Queensland, the trustees are completely self-funded, meaning the state governments don't contribute a single dollar.
In 2008, WA legislation was changed by the Liberal-National state government with the aim of helping the Public Trustee achieve self-funding, and to bring it "in line" with other state trustees.
"The Barnett-Liberal Government failed to consider the impact of cross-subsidisation on clients of the Public Trustee," Attorney-General John Quigley said.
Liberal MP Tjorn Sibma said that after six years in government it was time for Mr Quigley to start taking responsibility for "policy shortcomings".
"It is remarkable that midway through the second term of the McGowan government, and on the verge of delivering its seventh budget, the Attorney-General is still seeking to excuse his portfolio underperformance and neglect of the state's most vulnerable people by blaming the former government," he said.
Mr Quigley said the board, which is yet to be implemented, will oversee "the development of a revised fee model and fee waiver fault policy for the Public Trustee that is simple, transparent, and equitable".
"While there's no suggestion of any past mismanagement, the advisory board will work with the Public Trustee to look at how its fee structure and fee waiver policy can be improved."
Widespread allegations of mistreatment
Public trustees and guardians manage the assets and lives of some of the community's most vulnerable people who have been deemed incapable of making their own decisions, for example due to a cognitive disorder.
The ABC has revealed numerous accounts of people under state care being left without food, charged exorbitant fees despite having little means, and being forced to do things against their will, and arguably against their best interests.
In WA, Auditor-General Caroline Spencer's 2022 review into the state's Public Trustee highlighted a lack of oversight over its operations, despite it managing more than $1 billion in assets.
"The Public Trustee is really one of the least scrutinised public entities in the state," she told the ABC.
However, public trustees and guardians have been facing increasing scrutiny across the country, including a Four Corners investigation in 2022 which prompted two reviews in Queensland.
Right to tell one's own story
In light of the investigation, Queensland's Public Advocate recommended repealing the state's gag laws which prevent people under state care from speaking out.
It's illegal in Australia, except the ACT, to identify anyone under state administration or guardianship.
Penalties range from hefty fines to imprisonment.
In April, Victoria's Public Advocate also issued a statement calling on its state government to repeal its gag laws, which are intended to protect vulnerable people from exploitation.
However, in a statement, the advocate said the rules should "ensure the person's right to tell their own story is not advertently limited".
"Ensuring people can freely tell their own stories will increase transparency and promote public trust in this essential safeguarding system."
Following a Background Briefing highlighting the gag laws in March, Attorney-General John Quigley said protecting client identities was needed for “obvious reasons of privacy”.
He has not made any further comment on gag laws, but committed to further improvement, including putting $13 million towards fee relief for trustee clients, reducing selected trust fees by 50 per cent, and abolishing a minimum fee charged to people with little means.
"The $13 million towards fee relief ahead of a comprehensive structural review is a recognition of the impacts of the Public Trustee's current model," he said.
The reform also includes a commitment to only increasing fees in line with inflation indicators.
The Department of Treasury will continue its review of the Public Trustee's fees and funding structure, and is set to deliver recommendations later this year.
The Auditor-General is also completing a separate forensic audit of the state's trustee.
