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Interstate recognition

Guardianship Division

NCAT can recognise appointments of guardians and financial managers (or administrators) made by other courts or tribunals under corresponding law in another Australian state or territory, or in New Zealand. 

Applicatio​ns for recognition of interstate appointment

Applications for recognition can only be made by the person who was appointed as guardian and/or financial manager.

To apply, use the Application for r​ecognition of interstate appointment [PDF, 225kB]. Make sure you attach​ a copy of the original orders issued by the interstate court or tribunal.

When the appointment is recognised, NCAT will send a copy of the order to:

  • The recognised guardian or financial manager
  • The person under guardianship or financial management
  • The court or tribunal that made the original order.

Recognition orders

A recognition order gives the guardian or financial manager appointed in another state, the authority to act in NSW. The recognition order is valid for the same period of time as set out in the original order.

Recognition orders can only authorise functions allowed under the Guardianship Act 1987A guardian or financial manager cannot exercise a function in NSW if it is not authorised by the NSW Act. This applies even if the function is authorised in another state or territory. 

Recognition orders made by NCAT do not affect the operation of the interstate orders​. The original order will still operate, and may be reviewed, within that jurisdiction.​​

All financial managers in NSW, including those operating under recognition orders, report to the NSW Trustee and Guardian. After your appointment is recognised by NCAT, you must contact NSW Trustee and Guardian before you can act in NSW.

No review of recognition orders

​NCAT does not review recognition orders. You must tell NCAT if the interstate or overseas order is reviewed, varied or revoked.

What if the original order has been revoked or lapsed?

You must tell NCAT if the interstate order is revoked or has lapsed. NCAT will then revoke the recognition order​.

What if the person who​​ is the s​ubject of the order moves to NSW?

If the person has moved to NSW, you should apply to NCAT  for guardianship or financial management orders.