All states and territories have a process for reviewing tribunal-made guardianship, financial management or administration orders.
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You can seek a review of a guardianship, financial management, or administration order if your circumstances or those of your appointed decision-maker have changed significantly.
All Australian states and territories have a process for reviewing these tribunal-made orders, though the specific rules and who can apply may vary.
After hearing a review application, the tribunal has three main options: they can change (vary) the order, cancel (revoke) it, or leave the order as it is.
If you need help to make decisions about your health care, property, finances and other personal matters, a tribunal may make guardianship, financial management and administration orders appointing someone to help you.
If your circumstances change, you may want to alter an order that a tribunal made for you. (Most states and territories call this “reviewing” an order, so we’ll use the word “review” in this article.) It’s possible to do this if you have evidence of your changed circumstances.
The main reasons you might want to review a tribunal-made guardianship, financial management or administration order are that:
your circumstances have changed—for example, your health may have significantly improved, and you’re now able to make your own decisions
your appointed decision-maker’s circumstances have changed—for example, new health or other issues make it impractical for them to help you with decision-making.
Some states or territories require orders to be reviewed after a certain time, such as after 3 years. This article does not talk about these compulsory or automatic reviews, but about how you or someone else can ask for a review.
Asking for a review
All states and territories have a process for reviewing tribunal-made guardianship, financial management or administration orders. The process, and the rules about who can apply for a review, may vary from state to state, but they all allow you to seek a review if you have evidence that your circumstances have changed. Other people who can ask for a review might be a relative, the public trustee or public guardian.
Keep in mind that most tribunals receive thousands of applications every year, and it can take a long time for your case to be heard. Your review application might not be successful—the tribunal might decide not to change the order, or they might change it but not in the way you want. Think about whether there is another way to resolve the issue you’re having. Could you try negotiating with your decision-maker directly or engaging a mediator?
Who can apply for your review
The following information points you to the relevant legislation and lists who may be able to seek a review of an existing tribunal-made order. (For appointments made by the person instead of a tribunal, other processes and legislation apply.)
Before you apply
Applications to tribunals are legal processes, so check the website of your state or territory’s tribunal for their factsheets and forms—see ‘More information’ at the end of the article. You can also speak to your local community legal centre or your lawyer for guidance and advice. Remember that costs will apply to a review.
Think about what evidence you might need, such as medical reports or letters from service providers. Also think about things the tribunal might ask:
Do you still need a decision-maker? If you do, what decisions will they need to make?
Who is the best person to make decisions for you, and why?
Will they support your independence and involve you in decisions?
Are they suited to managing financial decisions, and why?
Are cultural factors relevant to changing a decision-maker?
What the tribunal might do
After hearing your review application, the tribunal may change (or “vary”) the order, cancel (or “revoke”) it or leave the order as it is.
If the tribunal varies the order, they might amend the types of decisions your decision-maker can make for you, according to the changed circumstances. For example, if your accommodation needs are now settled, they might reduce the decisions your guardian can make to “services” only or expand your financial manager’s authority to cover your property and assets now that you have some.
More information
For details on applying for a review, visit your state or territory tribunal’s website or talk to a community legal centre or your lawyer.
ACT
ACT Civil and Administrative Tribunal (ACAT) website
New South Wales
NSW Civil and Administrative Tribunal (NCAT) website
NCAT: Review of guardianship orders
NCAT: Review of financial management orders
Northern Territory
Northern Territory Civil and Administrative Tribunal (NTCAT) website
Queensland
Queensland Civil and Administrative Tribunal (QCAT) website
QCAT: Make an application (click on “A guardian and/or administrator”, then “Review of an appointment of a guardian or administrator or both: Form 10”)
South Australia
South Australian Civil and Administrative Tribunal (SACAT) website
SACAT: Reviewing, cancelling or changing guardianship orders
Tasmania
Tasmanian Civil and Administrative Tribunal (TASCAT) website
TASCAT: What if the circumstances have changed after an order has been made?
TASCAT: When do we review your guardianship order? (page 12 of What is a guardianship order? Booklet)
Victoria
Victorian Civil and Administrative Tribunal (VCAT) website
VCAT: When something's not working
Western Australia
State Administrative Tribunal (SAT) website
SAT: Review of guardianship or administration order
Disclaimer: The information provided on this website is not a substitute for individual legal advice.
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