The Guardianship Division of NSW Civil and Administrative Tribunal (NCAT) is a specialised dispute resolution forum with jurisdiction narrowly defined by legislation. While its jurisdiction may be limited, the orders it makes can be far reaching and have significant impact.
The Guardianship Division exercises concurrent jurisdiction with the protective division of the Supreme Court in respect of applications concerning:
- Review, operation and effect of Powers of Attorney (under Power of Attorneys Act 2003).
- Applications for appointment or review of Financial Managers (under the Guardianship Act 1987 as amended).
- Applications for appointment or review of Guardians (again under the Guardianship Act 1987 as amended).
The Guardianship Divison has the power to appoint third parties to make decisions on behalf of the person who is the subject of the application. Legal representation in the Guardianship Divison is rare and a party must seek leave to be represented. It is also rare for costs to be awarded (that is, each person bears their own) by the NCAT.
The nature of the jurisdiction is both inquisitorial and beneficial. It rigorously applies the principles under Section 4 of the Guardianship Act to promote and protect the best interests of the person who is the subject of the application.
Streeterlaw’s senior technical specialist, Mark Streeter, has appeared in dozens of matters as Solicitor Advocate in the Guardianship Divison over the past few years. Mark has conducted training for financial planners and accountants on the areas of law relating to the Guardianship Divison. If you require assistance with your matter, call us on 02 8197 0105 today!
