Preparing for NCAT review hearings as a private guardian
As a private guardian in NSW, you’ll likely attend an NSW Civil and Administrative Tribunal (NCAT) review hearing towards the end of your appointment. NCAT reviews all guardianship orders before their expiry and decides whether they should be renewed, changed, or allowed to lapse.
Attending review hearings is an important part of your role as guardian for your loved one, so it’s understandable if you’re feeling a little nervous. Here are our top tips to feeling more prepared:
Understand the purpose of the review hearing.
Unlike courts where there might be a decision about who is ‘right’ and who is ‘wrong’, NCAT’s primary focus is the decision-making capacity of the person under guardianship. While there might be discussion about your appointment, you are not on trial! The purpose of a review hearing is for NCAT to decide whether the order continues to reflect the circumstances of the person and whether the order needs to be changed or renewed.
Read up on the participation details ahead of time.
Review hearings are held as informally as possible and it’s usually unnecessary to be legally represented. It’s also likely you’ll be attending the hearing via telephone or teleconference. For more information about what to expect, NCAT has some fantastic guardianship resources on their website, like the Review of guardianship orders fact sheet.
Remember why you’re there.
The principles of the NSW Guardianship Act 1987 may help you in reflecting on the role of guardianship in supporting the welfare and interests of your loved one. Like guardians, NCAT must keep the welfare and interests of the person at the centre of any decision. NCAT’s decision-making will consider:
- The person’s welfare and interests
- How to restrict the person’s freedom of decision and action as little as possible
- How the person can live a normal life in the community, as far as possible
- How the person can be as self-reliant as possible
- How the person’s connection to family, culture and language can be best supported
The importance of protecting the person from neglect, abuse, and exploitation
Remember that while your roles and responsibilities differ to NCAT’s, you share the common goal of making decisions that support your loved one’s interests, freedom, and wellbeing.
4. Know where to go for more information.
If you disagree with a decision made at a review hearing, you may be able to appeal to the NCAT Appeal Panel or NSW Supreme Court. You should refer to NCAT’s website for more information about appeals. If your concern relates to an existing guardianship order, anyone with a genuine concern for the welfare of a person under guardianship can request NCAT review the order at any time.
Finally, if you’d like more information about guardianship or have questions about being a private guardian, please reach out to the NSW Public Guardian Stakeholder Engagement team via pg.engagement@opg.nsw.gov.au or 1300 109 290.