Appeals

What is an appeal?

An appeal is a legal proceeding that you take in another court of law or tribunal against a decision of the Tribunal. This proceeding will be conducted in a court or tribunal that is independent and separate from the Guardianship Tribunal.

The legislation relating to appeals from decisions of the Guardianship Tribunal is contained in sections 67 and 67A of the Guardianship Act (link at end of page).

When do you appeal?

If you are a party to the proceedings and are unhappy with a decision made by the Guardianship Tribunal, you can appeal against the decision on a question of law.

You should seek independent legal advice before you appeal a decision of the Guardianship Tribunal.

Who do you appeal to?

Appeals against decisions of the Guardianship Tribunal can be made to:

  1. the Supreme Court of NSW, or
  2. the Administrative Decisions Tribunal of NSW.

1. Supreme Court of NSW

Any party to any application before the Guardianship Tribunal may appeal against the Tribunal's decision to the Supreme Court of NSW. An appeal can only be made if it is about:

You have 28 days from the day you receive the Guardianship Tribunal's written reasons for decision to appeal to the Supreme Court. In some circumstances, the Supreme Court may allow an extension.

There are costs associated with appealing to the Supreme Court.

Obtain legal advice: Before you appeal to the Supreme Court, you should obtain legal advice about whether you are a party to the proceedings, whether your appeal is about a question of law or whether you should ask for an extension of time to appeal.

More information: Contact the Supreme Court of NSW (link at end of page) to find out more about how to appeal to the Supreme Court.

2. Administrative Decisions Tribunal of NSW

The Administrative Decisions Tribunal of NSW (link at end of page) reviews decisions made by NSW government agencies. Any party to an application before the Guardianship Tribunal may appeal against the Tribunal's decision to the External Appeals Panel of the Administrative Decisions Tribunal.

Most decisions of the Guardianship Tribunal can be appealed to the Administrative Decisions Tribunal. A decision to make a guardianship order or a financial management order can be appealed to the Administrative Decisions Tribunal.

Decisions by the Guardianship Tribunal which involve the Tribunal giving direct consent to medical treatment cannot be appealed to the Administrative Decisions Tribunal.

An appeal can only be made if it is about:

You have 28 days from the day you receive the Guardianship Tribunal's written reasons for decision to appeal to the Administrative Decisions Tribunal. In some circumstances, the Administrative Decisions Tribunal may allow an extension.

There are costs associated with appealing to the Administrative Decisions Tribunal.

Obtain legal advice: Before you appeal to the Administrative Decisions Tribunal, you should obtain legal advice about whether you are a party to the proceedings, whether your appeal is about a question of law or whether you should ask for an extension of time to appeal.

More information: Contact the Administrative Decisions Tribunal (link at end of page) to find out more about how to appeal to the Administrative Decisions Tribunal.

NOTE: If you are not happy with the decisions being made for the person by the Public Guardian or the Protective Commissioner, you should contact the Office of the Public Guardian or the Office of the Protective Commissioner. Decisions of the Public Guardian and the Protective Commissioner can be reviewed by the Administrative Decisions Tribunal.

Related Links

Accessibility tools: