FROM 1 JULY THE OFFICE OF THE PROTECTIVE COMMISSIONER WILL BE KNOWN AS THE NEW SOUTH WALES TRUSTEE AND GUARDIAN

What is a Manager?

A Manager is a person who has been appointed by either the Equity Division of the Supreme Court or the Guardianship Tribunal to manage the financial affairs of a person with a disability. Occasionally more than one individual, or a Trustee Company or professional person such as a solicitor or accountant, is appointed Manager.

How do I apply to be a Manager?

An application for a financial management order first needs to be made.

You have the choice of applying through either the Supreme Court Equity Division - Protective, or the NSW Guardianship Tribunal. Each supplies an application kit and advice about what to expect and how to indicate your interest in being considered for the role of Manager.

Supreme Court Equity Division - Protective

Hearings to consider an application for a financial management order are usually held within two or three weeks of filing an application. The Supreme Court charges a filing or application fee of $749 (as at 1 July 2009) which may be deferred in the case of hardship.

The application needs to be supported by various ‘affidavits’. Affidavits are sworn written statements to be used as evidence in a court. You do not need to have a solicitor represent you for the Court hearing unless the application is disputed.

Guardianship Tribunal

The Guardianship Tribunal provides an informal approach before a panel of three tribunal members and does not charge an application fee. You do not need a solicitor in order to apply through the tribunal. Hearings are scheduled as soon as all necessary evidence is available to the tribunal. When the situation is complex and involves a lot of conflict, more time may be required to investigate and prepare. Urgent hearings can be held if there is a risk to the person with a disability.

The tribunal conducts a hearing to take evidence from the parties involved and from other witnesses before making its decision. It provides written reasons for every decision it makes.

You can assist the Tribunal in making its decision by providing as much information as possible about the person’s assets and income and a broad plan of management of the person's affairs.

If you need help with completing your application, an Enquiry Officer of the Guardianship Tribunal can help you. For more information, phone (02) 9556-7600 or 1800-463-928.