The Public Welfare Institutions Act 1973 also known by the full title "An Act to amend the Public Welfare Institutions Act 1935"(Act no.47/1973) sets regulations for the establishment, management and closing of institution-managed personal financial accounts for persons living in institutions. This legislation was repealed by Statute Law Revision Act 1985 (Act no.51/1985).
The Public Welfare Institutions Act 1973 includes detail about the inheritance of accounts and personal property upon the death of someone who was living in an institution. Upon the death or release of a person from an institution they were to be given all the money in their account. If they or a spouse, family member or other person legally entitled to the money or property did not claim it within a certain amount of time the money was passed on to the Public Trustee.
Although this legislation does specify that 'inmates' of institutions have a right to withdraw money from their accounts, this right is conditional and at the discretion of the superintendent. People in institutions were only allowed to use their money for things deemed to be 'for the benefit, use, or enjoyment of that inmate'.
The legislation provides that if the Superintendent of an institution was of the opinion that an individual was not capable of managing their own money, the Superintendent had the right to withdraw money of their behalf, only if it were to be spent on things deemed to be 'for the benefit, use, or enjoyment of that inmate'.
Sources used to compile this entry: Law Research Service, Melbourne Law School, Law Library, The University of Melbourne. 'Find and Connect Project - Tasmanian Legislation', 20 January 2014, held in the project files at the University of Melbourne eScholarship Research Centre.
Prepared by: Elizabeth Daniels
Created: 19 January 2015, Last modified: 16 October 2015