This information sheet is about financial management orders made by the Tribunal under the Guardianship Act. An information sheet about guardianship orders is available from the Tribunal.
At the end of the hearing, the Tribunal will usually tell you what decision it has made. The Tribunal can make:
Sometimes the Tribunal will not make any order. This may be because the problems that led to the application have been resolved, or the Tribunal decides that the person does not need a guardian or financial manager.
Decisions made by the Tribunal are legally binding.
Copies of the Tribunal’s financial management order and reasons for decision will be sent soon after the hearing. These will be sent to:
It will state the name of the financial manager. This will either be:
The Protective Commissioner is a NSW Government officer who:
When appointed financial manager, the Protective Commissioner ensures that the person’s financial affairs are managed to best meet their needs. The person’s financial resources and current and long-term needs are taken into account.
Whenever possible, the views of the person and close family members are sought before major decisions are made. In some circumstances, the Protective Commissioner can spend the person’s money on the needs of their dependents.
A representative from the Office of the Protective Commissioner will contact the person the order is about – the ‘protected person’ – and/or family members, friends or service providers. The Protective Commissioner will set up suitable arrangements to manage the person’s affairs. After the order is made, anyone involved with the person’s affairs, including friends, family and service providers, can make direct contact with the Office of the Protective Commissioner, by phoning (02) 9265 3131 or 1300 360 466.
The Tribunal may appoint a private person to manage the financial affairs of the person the order is about. The Protective Commissioner interacts with private financial managers in four main ways.
The Protective Commissioner decides what powers the manager has. These are set out in an estate management plan called the ‘Directions and Authority’ document. If the manager wants to deal with the person’s finances in ways not authorised or directed, they must get the Protective Commissioner’s approval.
The Protective Commissioner encourages financial managers to think about what will benefit the person. Sometimes people with disabilities have often lived very basic lifestyles while large amounts of money sat idle.
The person with a disability is the main focus of expenditure but the Protective Commissioner can authorise expenses to meet the needs of dependents.
If the Tribunal makes an order appointing you as financial manager, you will receive a copy of the order. You will then need to contact the Office of the Protective Commissioner to obtain your Directions and Authority Document.
In emergencies and other special circumstances the Tribunal may make an interim financial management order for up to six months while more information is collected and relevant people contacted. Another hearing will be held before the interim order expires. At this hearing, the Tribunal will decide if another order is necessary.
There are charges for the Protective Commissioner services. Contact the Office of the Protective Commissioner for details about these costs. An application can be made to reduce or waive fees for people experiencing financial hardship.
If the protected person can express views, they should be consulted by the manager and have some say in the management of their finances after a management order is made.
Sometimes the Tribunal excludes part of the person’s estate from the order. If this is the case, the person the order is about remains responsible for that part of the estate.
The Protective Commissioner can also authorise the person to have direct access to some money, for example a bank account into which their pension is paid. The Protective Commissioner’s policy gives the person as much control as possible over their finances.
Most management orders will operate indefinitely but the Tribunal has the power to review orders in the following circumstances:
The Tribunal may also review the appointment of the manager and replace the manager if it is satisfied that it is in the best interests of the protected person to do so. Application forms to request a review or revocation of a financial management order are available from the Tribunal.
Anyone who has been a party to a financial management application before the Guardianship Tribunal can appeal to the Supreme Court or the Administrative Decisions Tribunal if they disagree with the decision made by the Guardianship Tribunal.
A party is:
An appeal can be made about a question of law or, with the permission of the Court/Tribunal, on any other question. A solicitor should be consulted before an appeal is lodged.
Appeals must be lodged with the Supreme Court or the Administrative Decisions Tribunal within 28 days of receiving the Guardianship Tribunal’s written reasons for decision.
Guardianship Tribunal updated OCT 2006
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: http://www.gt.nsw.gov.au