Guardianship Tribunal of New South Wales - Jurisdiction

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 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.

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