Guardianship > If the order is not working

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If the order is not working

Guardianship Division

When an order made by the NCAT Guardianship Division is not working in the best interests of the person, there are three ways to proceed.

If there is a problem with the actions of a guardian or financial manager

  • For a guardianship order where the NSW Public Guardian has been appointed: contact the Public Guardian. You may be able to resolve the problem directly with the Public Guardian without seeking a review of the order or appealing the decision.

  • For a guardianship order where a private guardian has been appointed: you should try to resolve the problem directly with the private guardian without seeking a review of the order or appealing the decision.

  • For a financial management order where a private financial manager has been appointed: contact the NSW Trustee and Guardian. You may be able to resolve the problem with the assistance of the NSW Trustee and Guardian without seeking a review of the order or appealing the decision.

  • For a financial management order where the NSW Trustee has been appointed, contact the NSW Trustee and Guardian. You may be able to resolve the problem directly with the NSW Trustee and Guardian without seeking a review of the order or appealing the decision.

If your attempts to resolve the problem are unsuccessful, you may wish to apply for a review of the order or lodge an appeal against the order.

If you want the Guardianship Division to review the order

The Guardianship Division can review these types of orders made under the Guardianship Act 1987:  

  • guardianship orders

  • financial management orders

  • the appointment of a particular financial manager rather than the financial management order itself.

A review is not the same as an appeal. When the Tribunal conducts a review, it does not re-examine the original decision. When hearing a review matter, the Tribunal considers the current circumstances of the person who is the subject of the order and decides whether the order should continue or whether it needs to be changed. For more information, refer to Reviews.

If you wish to appeal from a decision of the Guardianship Division

A party to proceedings at the Guardianship Division can appeal against any decision of the Division to:

Related websites

NSW Trustee & Guardian

NSW Public Gua​rdian​

Supreme Court of NSW


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Complaints may be made about the Guardianship Division's administrative processes or the conduct of its staff and Tribunal Members.

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