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.
Interstate recognition applications are managed through NCAT's Guardianship Division.
How to apply to interstate recognition
Applications for recognition can only be made by the person who was appointed as guardian and/or financial manager.
To apply to NCAT for interstate regonition:
- Complete the Application for recognition of interstate appointment form (PDF , 185.7 KB).
- 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.
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 1987. A 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.
NCAT does not review recognition orders
NCAT does not automatically 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What if the original order has been revoked or lapsed?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..