Guardianship > Going to a hearing

​​​​

During the hearing

Guardianship Division

Who hears applications in the Guardianship Division?

NCAT Guardianship Division hearings are conducted by Tribunal Members appointed on the basis of their particular expertise. There are 3 categories of Tribunal Member in the Guardianship Division:

  • Senior Members (Legal) are Australian lawyers of at least seven years standing,
  • Senior Member (Professional) are persons who have special knowledge, skill or expertise and have experience in assessing or treating persons with disabilities, and
  • General Member (Community) are persons who have special knowledge, skill or expertise and have professional or personal experience with people with disability.

Hearing venues

Most Guardianship Division hearings are held in Sydney​. Other hearing venues may be in outer Sydney metropolitan and regional​ areas throughout NSW. 

Recordings and transcripts

NCAT hearings are recorded. Learn more about sound recording and transcripts.

What happens at t​he hearing?

You will need to provide your name to the reception counter and advise which hearing you are attending.

Please wait in the reception area until a Tribunal Member invites you into the hearing room.

The Tribunal Members will welcome everyone and introduce themselves. Everyone will be asked their names and their relationship to the person who is the subject of the application.

Each hearing proceeds in its own way, depending on the needs of the person who is the subject of the application. Generally the person the application is about will be asked their views about the application. Sometimes this will be done in private without the other parties and witnesses. The applicant and other parties will be given the opportunity to give evidence, express their views, and present their case. 

The Tribunal Members may give their decision on the day of the hearing or may reserve the decision. Reserving the decision means that the decision will be provided at a later time and generally in writing.

Guardianship an​d financial management hearings

The Tribunal Members will consider the relevant written evidence that has been provided. The Tribunal may also take evidence from those attending the hearing, most importantly from the person the application is about. Parties and witnesses may attend the hearing or give evidence over the telephone or by videoconference, if necessary.  The panel usually consists of at least three Tribunal Members.

After considering the evidence, and if satisfied that the person does not have the capacity to make decisions, the Tribunal decides if a guardian and/or financial manager is required and who should be appointed.

Learn more about Guardianship and Financial management.

Consent to medical ​or dental treatment hearings

Applications for consent to medical or dental treatment may be heard by a panel consisting of less than three Tribunal Members. NCAT may consent to the treatment if it is minor or major and there is no person responsible, or the patient is objecting to the proposed treatment. Learn more about consent to medical or dental treatment​.

Special medical treatment​

A panel of three Tribunal Members must hear an application for special medical treatment.