After the hearing
In most cases the Tribunal usually makes a determination about the application and will advise the parties of the outcome at the end of the hearing.
The written order and the reasons for decision are sent to all parties.
Types of orders that could be made can include:
- Adjournment - the Tribunal may decide to adjourn the hearing to a later date to allow for further evidence to be submitted by the parties.
- Reserve decision - the Tribunal may decide to reserve its decision to allow it to deliberate further on the evidence. The Tribunal will advise the parties of the final outcome by a written order at a later date.
- Consent to withdrawal - the Tribunal may consent to the withdrawal of the application by the applicant. The Tribunal may not consent to the withdrawal and may decide to proceed with the hearing and make other orders.
- Dismissal - the Tribunal can dismiss the application for a range of reasons, including if is not satisfied that the person does not have decision-making capacity or there is no need to appoint a guardian or financial manager.
- Make an order - If the Tribunal is satisfied there is a need to appoint a guardian or financial manager or consent to treatment, it makes an order.
If a private guardian is appointed, they are authorised to make decisions about the functions they have been given in the order. They may wish to contact the Private Guardian Support Unit of the Public Guardian for more information about their role and functions.
If the NSW Public Guardian is appointed, then the Public Guardian will begin to make decisions under the functions given to the Public Guardian under the order.
Please refer to the information sheet 'Guardianship – What Happens After A Hearing?' for more information.
If a private financial manager is appointed they will be referred to the NSW Trustee & Guardian, who will obtain more information about the person's estate and discuss what needs to be in the financial plan. The NSW Trustee and Guardian will issue a set of directions, setting out the powers of the private financial manager to manage the person's financial affairs.
If the NSW Trustee& Guardian is appointed then the NSW Trustee and Guardian will begin to undertake their function as the financial manager. Please refer to the information sheet 'Financial management: What happens after the hearing?' for more information.
The Tribunal provides written orders and reasons for decision for every hearing it conducts for an application. These are sent out to the parties as soon as practicable after the hearing.
If the Tribunal holds a procedural or directions hearing in relation to the application, reasons for decision are only provided at the request of a party within 14 days of the hearing.
For information about the processes to follow if there are problems after the order issued, see 'If the order is not working'.