During the Hearing
- At the hearing, the Tribunal decides if a guardian and/or financial manager is required and who it will be.
- There are three categories of Tribunal member:
- Legal members (Australian lawyers)
- Professional members (doctors, psychologists, social workers and other professionals who works with people with disabilities)
- Community members (with experience of people with disabilities). - The Tribunal may also give consent for medical or dental treatment under certain circumstances.
- Hearings are audiotaped whenever possible.
- If it is not possible to come to a hearing at Balmain, you can give evidence by telephone or video conference or ask for a country sitting in a NSW regional centre.
- There is a formal structure to the hearing consisting of introductions, obtaining the views of all parties, discussion of reports, and presentation of Tribunal's decision.
Three Tribunal members hear the matter. 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 via video or 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 major and there is no person responsible, or the patient objects to treatment. The Tribunal alone may consent to special medical treatment.
Alternatives to a hearing at Balmain
The majority of hearings take place at the Balmain (Sydney) premises of the Guardianship Tribunal. However, there are other options available, including:
- parties giving evidence by telephone or video conferencing
- outer metropolitan and country sittings (a number of Tribunal sittings take place throughout the year at regional centres throughout NSW).
Who is on the Tribunal
Each Tribunal consists of three members:
- a presiding member (barrister or solicitor)
- a professional member (doctor, psychologist, social worker or other professional with experience in the assessment or treatment of people with disabilities)
- a community member (someone with experience of people with disabilities).
What happens at the hearing?
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When you arrive at the Guardianship Tribunal reception, speak to the hearing attendant and give your name and the hearing you will be attending.
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You will wait with the others attending the hearing in the waiting area.
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The presiding member will ask everyone for that hearing to come into the hearing room.
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The presiding member will welcome everyone and introduce the Tribunal.
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Everyone will be asked their names and relationship to the person the application is about.
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The person the application is about will be asked their views. (Sometimes this will be done in private in the absence of the other parties and witnesses.)
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The applicant will be asked about their views and why they made the application.
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The presiding member will summarise the medical reports and asks everyone's opinion about the reports.
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The Tribunal will ask the parties and witnesses questions. This helps the parties and witnesses to give evidence and express views that are relevant to the matters that the Tribunal has to decide upon.
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All the parties will be given the opportunity to give relevant evidence and express their views.
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When satisfied that it has the evidence and views it needs to make its decisions, the Tribunal will adjourn to deliberate and make its decision.
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The Tribunal will then give its decision and indicate what will happen next.
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The hearing will be closed by the presiding member.
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