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NCAT Guardianship Division

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NCAT Guardianship Division

The NSW Civil and Administrative Tribunal (NCAT) commenced operation on 1 January, 2014. It has merged 22 previously separate NSW tribunals into one entity that now provides all specialist tribunal services. This integration aims to retain the expertise formerly spread across the tribunals, while increasing ease of access and restructuring back office administration. NCAT was established in response to the recommendations of a parliamentary inquiry conducted in 2011-2012, which found the previous system to be ‘complex and bewildering’. NCAT is made up of four divisions, each headed by a Deputy President with expert knowledge in their area. The four divisions are as follows:

  • Consumer and Commercial Division

  • Administrative and Equal Opportunity Division

  • Occupational Division

  • Guardianship Division

The Guardianship Division within NCAT now exists in place of the Guardianship Tribunal of NSW, which was established in 1989. Its functions are essentially the same as its predecessor, with the Division conducting hearings to manage applications concerning adults with an impaired decision-making ability. The resulting determinations may require the appointment of a substitute decision maker, and can permit medical treatments to be performed on individuals over 16 years of age. The Division also reviews existing arrangements concerning enduring guardianship and enduring powers of attorney. NCAT was established by the Civil and Administrative Tribunal Act 2013, with Schedule 6 outlining functions specific to the Guardianship Division. Prior legislation which is now administered by NCAT that is relevant to the Guardianship Division includes:

  • Children and Young Persons (Care and Protection) Act 1998

  • Guardianship Act 1987

  • NSW Trustee and Guardian Act 2009

  • Powers of Attorney Act 2003

Teece Hodgson & Ward is well experienced in guardianship and capacity cases. For assistance in navigating this area, please contact:

Richard Neal

 

Deborah Linwood

 

Janette Kveytel