How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43698
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
12124641
Type Your Australia Law Question Here...
Leon is online now
A new question is answered every 9 seconds

I write to you in light of the Public Trustee Office

Customer Question

I write to you in light of the Public Trustee Office Brisbane Qld having full carriage of my Financial Affairs due to me being a former Prisoner serving a sentence term of 5 years and 9 months as of July 2012 and being released onto Parole supervision as of the 8th April 2015.Due to the fact that I am serving a term greater than 3 years I led to believe that all my Financial Affairs / Accounts are now subject to scrutiny by the said office located at Trustee House*****Ipswich 4305, Mr. Micheal Lambont and or Ms. Veronica Diffey contact details as follows; www.pt.qld.gov.au OR***@******.*** with Ausdoc: DX41216 phone (07) 3432 6605 with my Please Quote No: PTQ20122941PM000002-IPSFIN101 under my Name. I wish to outline in detail some issues I find to be an ABUSE of Office and also an Abuse of the Privacy Act, Since my release all my Banking Accounts have been Frozen by the Public Trustee to be
Monitored, I open a Commonwealth Account at Caboolture to receive regular Department of Social Security Unemployment Benefits and after roughly 12 weeks this account had been frozen with the Bank being informed that I wasn’t permitted to access the funds provided by Centre Link Until a Time that The Public Trustee agreed and Released the Account after speaking with me and quizzing me as what I require
the said funds for ? Living Expenses! Rent Food etc. I called the Public Trustee Office Phone Number and spoke to a Women who then requested to speak to the Women from the Commonwealth Bank before allowing me any access to the said Funds that belonged to me and also telling that Women employed at the Commonwealth Bank that I was in
fact a Dangerous Criminal Drug Dealer Recently Released from Maximum Security PRISON and thus why my Account had a Freeze placed upon it. Must Be Illegal to State Such To an Unknown Over the Phone? I also noticed that the Public Trustee have been Active in Freezing all My Account in the Banking Sector being Westpac Bank and Also
Suncorp Met way that have small amount of Funds within I tried to access these at the Westpac and found that I was Forced to again Call the Public Trustee to seek approval NOW only then am informed that I owe the Public Trustee some crazy amount of money for work carried out on my File? At $228:35 per hour, mind you this is after being on hold on the phone to them for approx. 40 minutes each time and being Billed for being on HOLD on the Phone also, NOW they want to Bill me for that and also for requesting that they release my Monies to me again ??? I am aware that the Law is the Law however how is it they can work supposing on my file Freezing all my Accounts only to Charge and Bill me for me requesting access to the said accounts one at time when
knowing full well that I would require access to them in a matter of time as I required funds to live and get by, I was to believe that allmy Financial Affairs and Accounts were to be monitored ONLY and to be Transparent to the Public Trustee NOT Closed and Frozen until I require Funds so I can be charged a fee by the Trustee because I
require my money ? And Who Monitors the Trustee for the Claimed work did on my files.Surely due to the situation Me being of Sound Mind and Capable oflooking after one self that The Trustee is Not Required to have to agree on whether I can have access or not and for reasons why. They have systematic Frozen my accounts one at a time in hope of me calling to ask why only to Bill me for Freezing them, them Calling Up and Then again for Unfreezing them (Absurd). And revenue rising to the least. Then the issue of the Employee of the Commonwealth Bank being told of my Previous History and recent release from Custody Knowing full well that I live in Caboolture and that was my local Bank. Also I have also just become aware that all my Mail has been Re-Directed to the Public Trustee Office, as I have been of the opinion that my mail was being stolen and reported such to my Parole and Probation Officer once I become aware that a letter sent to me from Qld Parole wasn’t received by me and was only informed of its posting at my last interview with Parole Caboolture Office last week. Now you will also note that the Public Trustee stated that I will not be granted access to the Westpac Account until I
can provide written proof that I have been paying off my outstanding SPER Debt and this isa Fact that they PUBLIC TRUSTEE is fully aware that I have been payingit off and continue to do so however without me receiving any suchcorrespondence from SPER as it goes to Public Trustee Office at Ipswich first I am not getting related or unrelated mail forwarded onto me from the Public Trustee Office therefore I must be Billed when force to communicate with them due to me Not Receiving Mail Via Public Trustee again when I do manage to have it sent to me even thou PUBLIC TRUSTEE had requested with SPER to post all Correspondence Directly to the Ipswich Qld Office, as I learnt yesterday.
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
Wednesday 27/10/2015 from SPER Qld. And requested the PO BOX be Removed from the Mailing
Address SPER Qld Had as Recorded.I wish for your assistance in: 1. Being Full Re Reimburse with my Funds Seized by the Public Trustee Directly out of my Bank account. 2. An Apology for Informing a member of my local community of my
past history and current parole status and causing me distress with my local community now knowing my back ground, and a reprimand for doing so to me and prevent this from happening again. I look forward to assistance and speedy reply in this matter as I really do require the said funds that The Public Trustee Office have Claimed as Owed “STOLEN” from my account for work that wasn't required to be done in the first instance little lone as a continuance over and over again. Makes me Ask? WHO IS THE CRIMINAL HERE? And how is it that they are able to do such and How many who suffer from Mental Disability don't realise and report or question these tactics by the PUBLIC TRUSTEE OFFICE QLD in revenue raising to say the least. I believe that I am no longer to be apart of the Public Trustee as I am no longer serving a sentence of imprisonment as stated in Part 7 Sect 90 b and also Part 7 Sect 97 b & c clearly states such. I am Not a Prisoner serving Life and been release onto an Approve Program to reintegrate back into society by the Approved Authority QCSC.
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Do you know what the order was and who made it making the Trustee the party looking after your affairs?

Customer: replied 1 year ago.
Noone it was based on the fact i was in custody Purely Only and as part of the Correctives Services Act .
however I was released by the Approved Authority "Parole Board" which should make that Zipto Facto ? as stated in the Act Part 7 Sect 90 b and also Part 7 Sect 97 b & c clearly states such. I am No longer a Prisoner, And Im NOT serving Life and been release onto an Approve Program by the Approved Authority.
Expert:  Leon replied 1 year ago.

Good Morning

Are you on parole or has the parole period completed?

Customer: replied 1 year ago.
no still on parole
Expert:  Leon replied 1 year ago.

I suspect that because you are on Parole they can hold the money.

The parole Period is still part of you full sentence.

If the rules are that for the period of your sentence they will manage your finances then only with a court order can you have it released.

Do you have anything from them when they took control?

Customer: replied 1 year ago.
No but in Part 7 Sect 90 b & c states that i am released to a program by an Approved Authority PAROLE BOARD then it shall cease !! other than for an indefinant sentence 'LIFER' which i am not and they dont do this to everyone why not ?? everyone doing over three years that is ?? Because its Illegal ???
Expert:  Leon replied 1 year ago.

Can you please give me the act and I will look at the section and I will get back to you.

I think you can get this overturned by the court. But I need to see the act

Customer: replied 1 year ago.
under the Public Trustee Site type in the search window Prisoner and it will take you to the Act and then Part 7 Sect 90
Expert:  Leon replied 1 year ago.

Good Afternoon

Under section 97 of the act it sets out when they cease to control your estate.

http://www5.austlii.edu.au/au/legis/qld/consol_act/pta1978179/s97.html

You come under section 97(c) as you are on parole

Here is the parole section

http://www5.austlii.edu.au/au/legis/qld/consol_act/pasa1992224/s174.html

If you meet these criteria then you can take the matter to the Supreme Court or the District Court to seek a release.

I would suggest you speak to the Solicitor that you had representing you to make sure you fall in the categories. But you are correct, if you meet the criteria they have to cease acting.

But not being privy to your sentence and what was said at the time I cannot make any further comment.

I hope this makes sense and is of assistance.

Customer: replied 1 year ago.
no Trafficking drugs see google my name ! but never any order by any court Onlu as an inmate then released ?they wont to bill be fee's for waiting on the phone for forty minutes after they systematicly froze all my bank accounts so i have to call and request that be opened for they FEE ! $228:35 per hour.
Customer: replied 1 year ago.
excusse spelling type overs thankz
Expert:  Leon replied 1 year ago.

Good Afternoon

When you were sentenced this is the court order you need and you also need the Parole order.

Who is billing you for phone call?

Customer: replied 1 year ago.
Public Trustee know that your on call que waiting hold and bill me for such
Never an order b y any Court.Other than sentence start date, bagged and then a parole date.
Expert:  Leon replied 1 year ago.

They cannot bill you for the call.

Are you calling from a mobile phone?

If so it is your phone company that is charging you.

Where is the Person located that is looking after your file? Are you near there?

Have you requested assistance form your parole officer?

Customer: replied 1 year ago.
no public trustee want me billed for waiting on hold to speak to them as they claim that they are working on my file at the time and the parole say it has Nothing to do with them and that they are to busy with the case loads and there is NO Instrument anywhere for them to be working under on my Case / File OTHER than I was in custody and instigated legal proceeding against the Catholic Church and required an Approval to do from Custody.
Expert:  Leon replied 1 year ago.

Good Afternoon

You should dispute that.

That is a joke.

Here is a list of their costs

https://www.pt.qld.gov.au/publications/documents/Public%20Trustee%20fees%20charges.pdf

It says that they can deal with it on an hourly rate.

I assume you cannot afford a solicitor?

You have to speak to one that can look at this in m ore details.

Contact the Community Legal Centre

http://www.qails.org.au/01_directory/search.asp?action=search

They can advise you of the closest one to you.

They should be able to get some letters off to them and do something about this.

The role of the trustee is to manage your money not to run the case.

Expert:  Leon replied 1 year ago.

Good Morning

All the best and if there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon