Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:4_432
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 4 cl 432
Character Range: 318732–320400

432  Trustees for persons entitled to compensation etc.
 (1) This section applies if:
 (a) a person who is entitled to be paid any of the following is under a legal disability:
 (i) compensation under Chapter 3, 4, 5 or 6;
 (ii) compensation under the DRCA;
 (iii) a pension or allowance under the VEA;
 (iv) a veteran payment (within the meaning of the VEA); or
 (b) if such a person is under 18—there is no person who has the primary responsibility for the daily care of that person.
 (2) The Commission may, in writing:
 (a) appoint the Commonwealth, or any other person, to be the trustee of the payments; or
 (b) itself assume the office of trustee of the payments.
Note: Section 433 sets out the powers of the trustee.
 (3) The Commission may, in writing, revoke:
 (a) the appointment of a trustee; or
 (b) the assumption by the Commission of the office of trustee.
 (4) If the Commission revokes the appointment of a trustee:
 (a) the Commission may, in writing:
 (i) appoint a new trustee; or
 (ii) itself assume the office of trustee; and
 (b) the trust funds vest in:
 (i) if subparagraph (a)(i) applies—the new trustee; or
 (ii) if subparagraph (a)(ii) applies—the Commission.
 (5) If the Commission revokes the assumption by the Commission of the office of trustee:
 (a) the Commission may, in writing, appoint a new trustee; and
 (b) the trust funds vest in the new trustee.
 (6) If the Commission:
 (a) revokes the appointment of a trustee and does not exercise its powers under paragraph (4)(a); or
 (b) revokes the assumption by the Commission of the office of trustee and does not exercise its powers under paragraph (5)(a);
the trust is terminated.