| Legal tribunal overview | |
|---|---|
| Formed | 1 August 1989 |
| Dissolved | 31 December 2013 |
| Superseding Legal tribunal | |
| Jurisdiction | New South Wales |
| Headquarters | Level 3, 2a Rowntree Street, Balmain[1] |
| Parent Legal tribunal | Supreme Court of New South Wales |
| Key document |
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| Website | ncat |
The Guardianship Tribunal of New South Wales, a former specialist disability tribunal of the Government of New South Wales for people with cognitive incapacity, or disability operated between 1989 and 2013. The Tribunal was superseded by the New South Wales Civil and Administrative Tribunal (NCAT) which came into effect from 1 January 2014. Its functions now operate within a divisional context in the NCAT.
The former tribunal was able to appoint guardians and financial managers as substitute decision makers, give to consents to medical treatment for people over 16 years of age and was able to review private arrangements about enduring guardianship and enduring powers of attorney.
The former tribunal was established pursuant to Guardianship Act, 1987 (NSW) and commenced operations on 1 August 1989.
Led by its former President, Malcolm Schyvens, who served for a fixed five-year term,[2] the former tribunal was an independent body. However any decisions made by the tribunal were 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 former tribunal.
Where the former tribunal made an order to appoint the NSW Public Guardian as guardian of last resort, the Public Guardian would then act 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 Justice and is supported administratively by the NSW Trustee and Guardian.