Guardianship Tribunal of New South Wales
Encyclopedia
The Guardianship Tribunal of New South Wales, an agency
of the Government of New South Wales
, is a specialist disability tribunal
for people with cognitive incapacity, or disability
. The Tribunal appoints guardians
and financial managers as substitute decision makers, consents to medical treatment for people over 16 years of age and reviews private arrangements about enduring guardianship and enduring powers of attorney
.
The tribunal was established persuant to and commenced operations on 1 August 1989.
Led by its President, Malcolm Schyvens, who serves for a fixed five year term, the tribunal is an independent body. However any decisions made by the tribunal are subject to legal appeal
, with the Supreme Court of New South Wales
being the ultimate body to make rulings on matters of law before the tribunal.
Where tribunal makes an order to appoint the NSW Public Guardian as guardian of last resort, the Public Guardian then acts as a substitute decision-maker for people under his guardianship. The NSW Public Guardian is an independent statutory official, presently Graeme Smith. The Public Guardian is part of the Department of Attorney General and Justice and is supported administratively by the NSW Trustee and Guardian.
The tribunal normally sits as a three member panel. One member is a member with legal expertise, normally a lawyer with more than seven years legal experience. The other two panel members are a professional member, who has experience in the assessment or treatment of adults with disabilities. The other member is a community member, who has experience with people with disabilities.
A person unhappy with the decision of the tribunal may in certain circumstances lodge an appeal to either the Administrative Decisions Tribunal of New South Wales
or the Supreme Court of New South Wales. The Administrative Decisions Tribunal may request the Guardianship Tribunal to supply documents subject to the Guardianship Tribunal's discretion and Secion 101 of the Guardianship Act, and the Supreme Court can instruct the Tribunal to supply records relevant to any matter before the Court.
Tribunals and Courts are exempt from the NSW Ombudsman Act. Although citizens are expected to comply with laws of the State, the Guardianship Act does not specifically instruct the Guardianship Tribunal to do so and interpretation of Sections of the Guardianship Act by the Tribunal is not subject to review. Evidence and matters previously considered by the Tribunal are excluded from internal consideration from any request for an internal review.
Legal representation is only permitted with the tribunal’s leave. The Tribunal is not subject to judicial protocols or rules of evidence, and legal representation is usually not beneficial. The Tribunal assigns case manager as "investigator" who receive any reports sent to the Tribunal, the managers do not initiate investigation of any matters but during the week before the hearing do prepare a report for the Tribunal members who will sit in consideration of the case.
Reports by doctors and social workers are considered by the Tribunal to be more reliable than community testimony.
The tribunal sits at Sydney, but also sits elsewhere in the State, including a range of locations in regional New South Wales.
Government agency
A government or state agency is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an intelligence agency. There is a notable variety of agency types...
of the Government of New South Wales
Government of New South Wales
The form of the Government of New South Wales is prescribed in its Constitution, which dates from 1856, although it has been amended many times since then...
, is a specialist disability tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
for people with cognitive incapacity, or disability
Disability
A disability may be physical, cognitive, mental, sensory, emotional, developmental or some combination of these.Many people would rather be referred to as a person with a disability instead of handicapped...
. The Tribunal appoints guardians
Legal guardian
A legal guardian is a person who has the legal authority to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability...
and financial managers as substitute decision makers, consents to medical treatment for people over 16 years of age and reviews private arrangements about enduring guardianship and enduring powers of attorney
Power of attorney
A power of attorney or letter of attorney is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter...
.
The tribunal was established persuant to and commenced operations on 1 August 1989.
Led by its President, Malcolm Schyvens, who serves for a fixed five year term, the tribunal is an independent body. However any decisions made by the tribunal are subject to legal appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
, with the Supreme Court of New South Wales
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
being the ultimate body to make rulings on matters of law before the tribunal.
Where tribunal makes an order to appoint the NSW Public Guardian as guardian of last resort, the Public Guardian then acts as a substitute decision-maker for people under his guardianship. The NSW Public Guardian is an independent statutory official, presently Graeme Smith. The Public Guardian is part of the Department of Attorney General and Justice and is supported administratively by the NSW Trustee and Guardian.
Constitution of the tribunal
The tribunal is established under the Guardianship Act 1987 (NSW) (which was formerly called the Disability Services and Guardianship Act 1987 (NSW)). The tribunal comprises a president, a deputy president and at least ten tribunal members appointed by the Governor of New South Wales. There are currently more than ten members appointed.The tribunal normally sits as a three member panel. One member is a member with legal expertise, normally a lawyer with more than seven years legal experience. The other two panel members are a professional member, who has experience in the assessment or treatment of adults with disabilities. The other member is a community member, who has experience with people with disabilities.
Jurisdiction
If a person is found to be unable to manage their own "lifestyle decisions", the tribunal may appoint a guardian and will decide who that will be. The tribunal can appoint a financial manager if the person is incapable of managing their own affairs. The tribunal can decide who that should be. The tribunal can also make orders in respect of powers of attorney and may make orders vary the power of attorney or replacing an attorney.A person unhappy with the decision of the tribunal may in certain circumstances lodge an appeal to either the Administrative Decisions Tribunal of New South Wales
Administrative Decisions Tribunal of New South Wales
The Administrative Decisions Tribunal of New South Wales is responsible for reviewing decisions of some New South Wales government departments, for hearing discrimination complaints referred by the President of the New South Wales Anti-Discrimination Board, for hearing complaints about professional...
or the Supreme Court of New South Wales. The Administrative Decisions Tribunal may request the Guardianship Tribunal to supply documents subject to the Guardianship Tribunal's discretion and Secion 101 of the Guardianship Act, and the Supreme Court can instruct the Tribunal to supply records relevant to any matter before the Court.
Tribunals and Courts are exempt from the NSW Ombudsman Act. Although citizens are expected to comply with laws of the State, the Guardianship Act does not specifically instruct the Guardianship Tribunal to do so and interpretation of Sections of the Guardianship Act by the Tribunal is not subject to review. Evidence and matters previously considered by the Tribunal are excluded from internal consideration from any request for an internal review.
The hearing
All parties to a matter may attend the hearing. When this is not possible, evidence may be taken by telephone. Witness call be called and give evidence.Legal representation is only permitted with the tribunal’s leave. The Tribunal is not subject to judicial protocols or rules of evidence, and legal representation is usually not beneficial. The Tribunal assigns case manager as "investigator" who receive any reports sent to the Tribunal, the managers do not initiate investigation of any matters but during the week before the hearing do prepare a report for the Tribunal members who will sit in consideration of the case.
Reports by doctors and social workers are considered by the Tribunal to be more reliable than community testimony.
The tribunal sits at Sydney, but also sits elsewhere in the State, including a range of locations in regional New South Wales.