After a Guardianship Division hearing
In most cases NCAT makes its decision about the application at the end of the hearing and will advise the parties of the outcome at the hearing.
Types of orders
The types of orders that can be made in the Guardianship Division include:
- Order – If NCAT is satisfied there is a need to appoint a guardian or financial manager or to consent to treatment, it makes an order.
- Dismissal – NCAT can dismiss the application for reasons including: if it is not satisfied that the person does not have decision-making incapacity or where there is no need to appoint a guardian or financial manager.
- Consent to withdrawal – NCAT may consent to the withdrawal of the application by the applicant. NCAT may not consent to the withdrawal of the application and may decide to proceed with the hearing and make other orders.
- Adjournment – NCAT may decide to adjourn the hearing to a later date to allow for further evidence to be submitted by the parties.
- Reserved decision – NCAT may decide to reserve its decision to allow it to deliberate further on the evidence. Parties will be advised of the final outcome generally by a written order at a later date.
Written orders and reasons for decision
The orders and the reasons for decision will be sent to all parties, as soon as practicable after the hearing.
NCAT's Guardianship Division gives each party in proceedings a written statement of reasons for any decision it makes. The Tribunal however, is not required to provide a written statement of reasons where the Tribunal is constituted by less than three Division members for certain decisions such as ancillary or interlocutory decisions, unless requested to do so by a party.
If a private guardian is appointed, they are authorised to make decisions about the functions they have been given in the order. Contact the Private Guardian Support Unit of the NSW Public Guardian for more information about their role, responsibilities and functions.
If the NSW Public Guardian is appointed, they will have authority to make decisions under the functions given in the guardianship order.
For more information, read the What happens after a guardianship hearing fact sheet (PDF , 119.4 KB).
Financial management orders
If a private financial manager is appointed they will be referred to the NSW Trustee and Guardian, who will obtain more information about the person's estate and discuss what needs to be in the financial plan. The NSW Trustee will issue a set of directions, setting out the powers of the private financial manager to manage the person's financial affairs.
If the NSW Trustee and Guardian is appointed, they will commence their function as the financial manager.
For more information refer to the What happens after a financial management hearing fact sheet (PDF , 105.9 KB).
Written statement of reasons
In Guardianship Division proceedings, parties will generally receive a written statement of reasons for any decision it makes.
The Tribunal is not required to provide a written statement of reasons where the Tribunal is constituted by less than three Division members for certain decisions such as ancillary or interlocutory decisions, unless requested to do so by a party.