Common Questions
The Definitions section of this website explains many of the terms that are used frequently.
Many people who contact the Tribunal have the same questions. The answers to the following questions may contain the information you require.
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- How long before a hearing is held?
- What is the difference between guardianship and financial management?
- Does the subject person have to come to the hearing?
- Does the applicant have to come to the hearing?
- Do I have to be represented by a lawyer or solicitor?
- Who is on the Tribunal?
- Do I have to bring anything to the hearing?
- When will I know the outcome of the hearing?
- How long does an order last for?
- If the Public Guardian or NSW Trustee is appointed will they keep me informed and can I contact them about the person?
- Do I have to tell the person and others involved that I am making the application?
- I am not happy with the decision made by the Tribunal. What can I do?
- How do I get rid of a financial management order?
- If I want to propose myself as guardian or financial manager do I have to lodge an application?
- How do I make an application?
- What happens at a hearing?
How long before a hearing is held?
The time taken for an application to reach hearing depends on:
- how much time Tribunal staff need to spend investigating the matter and preparing a report for the hearing
- the urgency of the matter.
What is the difference between guardianship and financial management?
Guardianship is about a person's lifestyle - where they live, what services they receive, and what medical treatment they receive.
Financial management is about a person's money and assets.
Does the subject person have to come to the hearing?
Yes, unless it is not possible due to ill health or some other special circumstance. The Tribunal's decision may impact significantly on the rights of the person so every effort is made to involve them in the process.
Does the applicant have to come to the hearing?
Yes. The applicant has to attend the hearing and arrange for the person to attend.
Do I have to be represented by a lawyer or solicitor?
Not usually. The Tribunal prefers that people speak for themselves. Parties to a hearing are allowed to be represented by a lawyer or another advocate but only with the Tribunal's permission.
Who is on the Tribunal?
There are three categories of tribunal member. Legal members must be lawyers with at least seven years' experience. Professional members must be health or welfare professionals with experience in treating people with disabilities. Community members must have professional or personal experience of people with disabilities.
Do I have to bring anything to the hearing?
Not usually. If you have any written information, you should give it to the Tribunal staff at least three days before the hearing.
When will I know the outcome of the hearing?
The Tribunal will say their decision at the end of the hearing. If an order is made, it takes effect immediately. The written Reasons for Decision will be issued as soon as possible.
How long does an order last for?
Guardianship: For first time, the Tribunal can make an order for up to three years. Most are made for 12 months or less. For reviewed orders, the Tribunal may make an order up to five years.
Financial management: These last indefinitely and are not automatically reviewed. Anyone can apply for an order to be reviewed if there are grounds to do so. Occasionally, the Tribunal can review an order in a specified period of time. If the Tribunal adjourns a financial management application to seek further information, it can make an interim order for up to six months.
If the Public Guardian or NSW Trustee is appointed will they keep me informed and can I contact them about the person?
If you are close to the person, your views will be taken into account by the Public Guardian or the NSW Trustee. If you are concerned about the person's welfare, you should contact the Office of the Public Guardian or the NSW Trustee to discuss it.
Do I have to tell the person and others involved that I am making the application?
Yes. The person and those close to them need to know about the application so that they can prepare themselves for a hearing at the Tribunal. The Guardianship Act says that all parties must have a copy of the application.
I am not happy with the decision made by the Tribunal. What can I do?
If you are a party, you can appeal decisions of the Guardianship Tribunal to either the Supreme Court or the Administrative Decisions Tribunal.
If you feel a guardianship or financial management order is no longer in the best interests of the person, you can make an application to review the order.
How do I get rid of a financial management order?
The Tribunal will only revoke a financial management order if the person is now capable of looking after their finances themselves or if it is in their best interests for the order to be revoked.
If I want to propose myself as guardian or financial manager do I have to lodge an application?
The applicant writes whom they are proposing as guardian and/or financial manager in their application. If you are proposing yourself, you will need to attend the hearing but there is no need to lodge a separate application.
How do I make an application?
The Tribunal has application forms if you need to make an application for guardianship and/or financial management, for consent to medical and dental treatment, and for other matters. All of the application forms are available to print out from this website in the Publications section as PDF files. You can also make an application for guardianship and/or financial management online. To find out more about how to make an application, read through the Applications section.
What happens at a hearing?
A Tribunal hearing is the formal occasion when an application is heard by the Tribunal. There is a procedure to every Tribunal hearing when the applicant, the person the application is about, and other 'parties' are asked their views and evidence is presented. To find out more about what happens at a hearing, read through the During the Hearing section.
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