NSW Can a Tribunal Order a Public Trustee to Stop Their Fraudulent Witholding of Documents from Centrelink?

[Ian Curtis]

Public Trustee have refused to notify Centrelink that their client's house is being rented. I believe this is actually criminal fraud and stated as much in a Tribunal hearing. Before adjourning I asked that the Member order the Trustee to forward the information (including rental receipts and stat decs from the lodgers). The Member said the tribunal does not have that power. Is this True?

Instead the Trustee was asked to give an "undertaking" that they would forward the documents to Centrelink.

 

[Tim W]

And did they give that undertaking?

 

[Ian Curtis]

They did but there was no mention in writing in the orders. The question however is: what power does the Tribunal have?

It seems the Trustee has more power than the Triubunal in practice. There was a phone hearing the previous week where the Trustee did no turn up in the first twenty minutes. The presiding member had to call the Trustee, was put on hold, hung up on a couple of times then the Trustee representative finally joined us without excusing himself or apologising. The Member did not ask either.

 

[Tim W]

Which Tribunal?

 

[Ian Curtis]

I suspect you cannot help otherwise you would not ask(?) Nevertheless it is an educational anecdote for everyone who visits this post so I should indeed specify: Since I am in NSW and this is a Trustee matter, it therefore is NCAT. What may be less clear is that it was the Administrative and Equal Opportunities Division. Also AEOD for the anecdote about the tail (Trustee) wagging the dog (NCAT).

 

[Tim W]

I suspect you cannot help...

Well then, all the best to you.