trustee discipline and voluntary resignation 2011-2012

REGISTERED TRUSTEES
In 2011–12, four new applications were received from people wanting to be registered as trustees,
compared to nine in 2010–11. Of the four new applications, three were approved and one was
pending an outcome as at 30 June 2012.
Eight trustees voluntarily resigned during 2011–12 and one trustee registration was cancelled
involuntarily. The lone decision to cancel involuntarily has been appealed in the AAT (see case
study on page 36).
The Inspector-General also commenced disciplinary action against a further two trustees for
failing to exercise their powers or carry out their duties properly. This action required the trustees
to show cause as to why they should not have their registrations cancelled. In both instances
the Inspector-General was not satisfied with the response from the trustees and took action to
convene statutory committees to determine if the trustees should remain registered.
In the first matter, committee proceedings were discontinued on the basis that the trustee
immediately finalise and/or transfer his matters on hand and undertake to restrict his activities
to that of a controlling trustee. In the second matter, the trustee is challenging the InspectorGeneral’s decision to convene a committee. The Inspector-General’s position is being defended
and the matter is expected to be heard in court in the first half of 2012–13.