Episodes from our Members' Cases

Faking a Nursing Home RAD NSWTG (NSW Trustee & Guardian) routinely claim their clients who are in aged care have a RAD (Refundable Accommodation Deposit) owing even when it is not true. They even lie to NCAT about this, who seem to not mind. Such fraud is an offence under Section 192E of the Crimes Act 1900 (NSW) . This is can be dishonestly putting their client at "financial disadvantage by deception" in situations where this fictional RAD is used as a rationale to sell the client's property to pay off the imaginary debt. In fact it could also be NSWTG gaining financial advantage for themselves because the money is always secretly invested so that the client never know the true rate of return, only what is passed on to them. In a phone call with APTAGE in about 2023 a NSWTG agent claimed that if a client owned property, the only option for paying nursing home accommodation fees is to pay a RAD. When he was reminded that the regulations changed in 2014 to allow a daily payment option he acknowledged his error but it seems implausible that he would have made a genuine slip-up. One client , Dee, was told in writing that a $315k RAD had already been paid, with NSWTG refusing to show evidence (even resisting providing the evidence through a formal summons but NCAT seemed to not mind this contempt). Another client, Lee, was told she had a $453k RAD. The number didn't even match the amounts theoretically charged by the nursing home. At the time of entry (30 June 2020) it was $349k for single room and at the time NSWTG reported the fake debt to NCAT in 2023 it was $440k for single room. However Lee wasn't even in a single room — she shared a room with three others.

When Rosslyn's Mum had a brain bleed, the Public Trustee refused to use the Mum's funds for an interstate aiirfare for her daughter to see her for what could be one last time. This is despite Rosslyn being her Guardian. Because she cannot afford from her own pocket the NSW to Tasmania fare, there is a real risk that her Mum's dying wish will remain unfulfilled.

Witnesses denied because Tribunal could not get their technology sorted.

Tribunal praises Public Trustee for its "impeccable reputation" and bases its decision upon this bias.

Trustee Fakes $315,000 Debt NSWTG (NSW Trustee & Guardian) claimed their client, the Mum of Dee (name changed) had a $315k debt to her ACF (Aged Care Facility) for a RAD (Refundable Accommodation Deposit). Conveniently for NSWTG, this would justify selling her house to pay the debt which they claimed existed. Dee asked NSWTG for evidence but they merely sent him an irrelevantly old ACF contract signed before NSWTG even took over. So Dee applied to NCAT (NSW Civil & Administrative Tribunal) to summons NSWTG (warning: huge file) for a relevant document (including an explanation to NCAT of why that contract is irrelevant).

By refusing to demand evidence, NCAT will probably presume The Trustee is not (again) failing to try to resume their client's pension so that she can keep her home.

When Jay desposited $20,000 cash into the Westpac account (supposedly reserved exclusively for the Trustee client) they asked him for a bank receipt to be able to find it... months later.

Tribunal bias towards Trustee wanting to sell the family home despite examples of their gross financial mismanagement.