Guardianship Tribunal of New South Wales

The Guardianship Tribunal of New South Wales is a specialist disability tribunal for people with cognitive disabilities. The Tribunal appoints guardiansand financial managers as substitute decision makers, consents to medical treatment for people over 16 years of age and reviews private arrangements about enduring guardianship and enduring powers of attorney. The tribunal commenced operations on 1 August 1989.

Constitution of the tribunal

The tribunal is established under the Guardianship Act 1987 (NSW) (which was formerly called the Disability Services and Guardianship Act 1987 (NSW)). The tribunal comprises a president, a deputy president and at least ten tribunal members appointed by the Governor of New South Wales. There are currently more than ten members appointed.

The tribunal normally sits as a three member panel. One member is a member with legal expertise, normally a lawyer with more than seven years legal experience. The other two panel members are a professional member, who has experience in the assessment or treatment of adults with disabilities. The other member is a community member, who has experience with people with disabilities.

Jurisdiction

If a person is found to be unable to manage their own "lifestyle decisions", the tribunal may appoint a guardian and will decide who that will be. The tribunal can appoint a financial manager if the person is incapable of managing their own affairs. The tribunal can decide who that should be. The tribunal can also make orders in respect of powers of attorney and may make orders vary the power of attorney or replacing an attorney.

A person unhappy with the decision of the tribunal may in certain circumstances lodge an appeal to either the Administrative Decisions Tribunal of New South Wales or the Supreme Court of New South Wales.

The hearing

All parties may a hearing at the tribunal in person. When this is not possible, evidence may be taken by telephone. Witness call be called and give evidence.

Legal representation is only permitted with the tribunal’s leave. The nature of the tribunal is such that legal representation is usually not required.

The tribunal sits at Sydney, but also sits elsewhere in the State. In 2004-2005, the tribunal sat at Albury, Armidale, Bathurst, Bega, Blue Mountains, Bowral, Central Coast, Cessnock,Coffs Harbour, Cooma, Dubbo, Goulburn, Griffith, Lismore, Maitland, Moree, Morisset, Moruya, Moss Vale, Newcastle, Nowra, Orange, Parkes, Port Macquarie, Queanbeyan, Stockton, Tamworth, Taree, Tweed Heads, Wagga Wagga, Wollongong and Yass.

Caseload

In the tribunal's Annual Report for 2004-2005, the tribunal reported that it had received 4968 application in that year and about 2000 matters under continuing management by the tribunal.

References

*Annual Report of the Tribunal 2004-2005 at http://pandora.nla.gov.au/pan/63865/20060928/2004-05.pdf
*Guardianship Act 1987 at http://www.legislation.nsw.gov.au

*Home page of the tribunal - Website: http://www.gt.nsw.gov.au