Appeals
- If you disagree 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 make an appeal against a decision of the Guardianship Tribunal.
- Decisions of the Guardianship Tribunal can be appealed to:
- The Supreme Court of NSW, or
- The Administrative Decisions Tribunal of NSW.
- There are costs associated with appealing to the Supreme Court and the Administrative Decisions Tribunal.
- You can appeal a decision of the Guardianship Tribunal on a question of law. Appeals on other questions can also be made, but only with the permission of the Supreme Court or the Administrative Decisions Tribunal.
- You have 28 days from the day you receive the Guardianship Tribunal's written reasons for decision to appeal to the Supreme Court or the Administrative Decisions Tribunal. In some circumstances, the Supreme Court or the Administrative Decisions Tribunal may extend the time.
- An appeal can only be made to the Administrative Decisions Tribunal against decisions of the Guardianship Tribunal made after 28 February 2003.
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Related Links
- Guardianship Act 1987
http://www.austlii.edu.au/au/legis/nsw/consol_act/ga1987136/ - Supreme Court of NSW
http://www.lawlink.nsw.gov.au/sc - Administrative Decisions Tribunal
http://www.lawlink.nsw.gov.au/adt - Office of the Public Guardian
http://www.lawlink.nsw.gov.au/opg - The NSW Trustee (Questionable link)
http://www.lawlink.nsw.gov.au/opc