The Guardianship Tribunal is a legal tribunal made up of a panel of at least three people. Each of these people has been appointed to the Tribunal because of their particular expertise. Each panel must have at least one legal member, one professional member - for example, a doctor, psychologist or social worker who has experience assessing or treating people with disabilities - and a community member - who has professional or personal experience with people with disabilities.
The Tribunal can conduct three types of review of guardianship orders.
Routine reviews - When the Tribunal makes a guardianship order, they must specify the length of the order. Initial orders are usually made for a maximum of one year but in some circumstances can be made for up to three years. A hearing to review the order is automatically held close to the end of the order unless the Tribunal stated at the original hearing that no review was needed.
Requested reviews - The Guardianship Act also allows the Tribunal to review an order if requested by someone with a genuine concern for the person who is the subject of the order. A review can be requested in writing during the term of an order if there is new information that may affect the matter or a change in circumstances has affected the order's operation. The Tribunal can also review an order if the people involved believe there is no further need for a guardian or that the order is not working in the best interests of the person.
A requested review is not the same as an appeal. A requested review can only be held when there is new information for the Tribunal to consider. The original decision cannot be examined in a review. To appeal the original decision, you need to apply to the Supreme Court or the Administrative Decisions Tribunal.
'Own motion' reviews - The Tribunal can initiate a review of any order at any time if it considers this would be in the best interests of the person who has a guardian.
Most reviews of guardianship orders are by way of routine review. In some cases the Tribunal can decide at the initial hearing that the order does not need to be reviewed. In these cases there will usually be no review hearing.
The purpose of a routine review is to decide whether guardianship is still necessary and, if so, what functions the guardian should have.
At requested and 'own motion' reviews, the reasons for the review will be considered and the order varied if necessary in the best interests of the person who has a guardian.
Whenever possible, the Tribunal will hold the review by phone but in some cases the review will need to be held with everyone involved present. Although the review is conducted in a similar way to the original hearing, different information may be sought.
At the review, the Tribunal will consider the following matters that are relevant:
Whenever possible, the Tribunal will take into account the views of the person the order is about. It will also consider the principles of the Guardianship Act to ensure that the person the order is about is given paramount consideration by the Tribunal.
The Tribunal will conduct the hearing with as little formality as possible. People do not usually ask to be represented by a lawyer. If you would like to have a legal or other representative attend the hearing, you must get the Tribunal's approval. Your representative should make this request in writing to the Tribunal as soon as possible - at least five working days before the hearing. The request should include the reasons you want to be represented. If this is done, the Tribunal will usually make its decision before the hearing date. Otherwise, it will make its decision at the beginning of the hearing. If you want to seek leave to be represented, phone the Tribunal for more information.
In a routine review, the Tribunal can renew the order with the same terms as the previous order. Or the Tribunal can renew the order with different terms, such as appointing a different guardian or adding or removing the guardian's functions to reflect any change in circumstances. Orders can be renewed for up to three years at a review or, in some circumstances, for up to five years. The Tribunal can also let the order lapse if a guardian is no longer needed, either because there is no role for the guardian or because the person is now capable of making their own decisions.
At an 'own motion' or requested review when the order still has time to run, the Tribunal may decide to leave the order as it is, alter it to reflect a change in circumstances or revoke the order if there is no further need for a guardian.
The Tribunal will usually tell you its decision at the end of the hearing. Later, the Tribunal will write an order or determination and the reasons for decision. These will be sent to people who are parties to the hearing. Not all people who attend the hearing are parties, so not everyone will be given copies of the order or determination and reasons for decision.
The Guardianship Act defines the parties to a guardianship review as:
If you are a party to the hearing and you disagree with the decision made by the Guardianship Tribunal, you may be able to appeal to the Supreme Court or the Administrative Decisions Tribunal on a question of law. If you want to appeal the decision, you should seek independent legal advice. You must appeal within 28 days of receiving the order or determination and reasons for decision. The Supreme Court or the Administrative Decisions Tribunal may accept an appeal outside this time in some circumstances.
Address: 2a Rowntree Street, Balmain, NSW, 2041
Postal Address: Locked Mailbag 9, Balmain NSW 2041
Phone: (02) 9555 8500
Fax: (02) 9555 9049
Tollfree: 1800 463 928
Email: gt@gt.nsw.gov.au
Website: www.gt.nsw.gov.au