Hearings and Orders
What is a hearing?
This is the formal occasion when an application is heard by the Tribunal.
At the Guardianship Tribunal, we try to make the actual hearing as relaxed and informal as possible. We know that coming to a Tribunal hearing can be daunting for everyone concerned - the person the hearing is about, the applicant, the person's family and friends.
For this reason, we have:
- support information for you to read before the hearing
- support information about what happens during the hearing
- information about what happens next, who to go to for further assistance after the hearing.
The hearing process
Hearing
Three Tribunal members hear guardianship and financial management applications. They consider the relevant written evidence. They take evidence from those attending the hearing (including the person the application is about, and the applicant) or giving evidence over the telephone. After considering the evidence and if satisfied that the person does not have the capacity to make decisions, the Tribunal decides if a guardian and/or financial manager is required and who it will be.
The Tribunal may consent to medical/dental treatment if the treatment is minor or major and there is no person responsible, or the patient objects to treatment. The Tribunal alone may consent to special medical treatment.
Hearings are audio taped whenever possible.
Dismissal
If, after considering the evidence, the Tribunal is not satisfied that the person does not have decision-making capacity or there is no need to appoint a guardian or financial manager, it can dismiss the application.
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. The written order and the reasons for decision are sent to all parties.
Following the hearing
After the 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 Office of the Public Guardian for more information about their role and functions.
If the Public Guardian is appointed, then the Office of the Public Guardian will begin to make decisions under the functions given to the Public Guardian under the order.
If a private financial manager is appointed they will be referred to the Office of the Protective Commissioner, who will obtain more information about the person's estate and discuss what needs to be in the financial plan. The Protective Commissioner will issue a set of directions, setting out the powers of the private financial manager to manage the person's financial affairs.
If the Protective Commissioner is appointed then the Office of the Protective Commissioner will begin to undertake their function as the financial manager.
Written orders and reasons for decision
The Tribunal provides written orders and reasons for decision for every hearing it conducts. These are sent out to the parties as soon as practicable after the hearing.
Related Links
- Office of the Public Guardian
http://www.lawlink.nsw.gov.au/opg - Office of the Protective Commissioner
http://www.lawlink.nsw.gov.au/opc