When NCAT receives an application
Your file number
Each application received at NCAT is given a file number. The file number appears in the top right-hand corner of all correspondence NCAT sends you about your case.
Quote your file number whenever you contact NCAT or the other people involved in the case.
NCAT will share your information
In most cases, NCAT is legally obliged to give your information to the other parties. This is referred to as 'procedural fairness'.
Copies of the application and any supporting documents will be shared with all parties involved. It is important you do not include any confidential information.
Learn more about confidentiality and privacy at NCAT.
Guardianship Division applications
When an application is made to the Guardianship Division it begins a formal legal process. Applications can only be withdrawn with the consent of the Tribunal.
How long before a hearing is held?
All applications in the Guardianship Division are reviewed on receipt to determine whether the application identifies any risk being experienced by the person who is the subject of the application (‘the person’). The time taken for an application to be heard depends on a range of factors including:
- The risk to the person
- The time required to gather the necessary evidence to prepare the application for hearing.
Role of the applicant
The applicant is responsible for providing the relevant evidence to support the application. The information required to support the application includes medical and professional evidence about the person’s capacity to make his or her own decisions and information about any risk to the person. Applicants are advised to notify NCAT if from the time of application the person’s circumstances change and there is an increased risk to the person.
Before the hearing
Most applications to the Guardianship Division are prepared for hearing by a case officer. The role of the case officer is to provide information about Tribunal practice and procedure, to list the application for hearing and to send notices of the hearing to the parties.
The case officer also obtains, where possible, the views of the person the application is about and assist in identifying how the person can best participate in the proceedings. Before the hearing, the case officer will send out a hearing report summarising the information received by NCAT.
You can contact the Guardianship Division for help with questions about:
- The role and functions of the Guardianship Division
- Tribunal practice and procedure
- Planning ahead through appointment of enduring guardians and enduring power of attorney
- Issues relating to guardianship, financial management, consent to medical or dental treatment, review of enduring power of attorney and review of enduring guardianship appointments.