Hearings and Orders

Although Guardianship Tribunal hearings result in formal legal orders being made, we try to make the hearing as relaxed and informal as possible. We know that coming to a Tribunal hearing can be unfamiliar for everyone involved.

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The Hearing process

See what happens at a Tribunal hearing.

Hearing process diagram. Description of diagram below.

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 NSW Trustee, who will obtain more information about the person's estate and discuss what needs to be in the financial plan. The NSW Trustee 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 is appointed then the Office of the NSW Trustee 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 within 12 working days after the hearing.

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