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Where am I now? Lawlink > The Office of the Protective Commissioner > About Us > How does the Protective Commissioner become involved?
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How does the Protective Commissioner become involved?
How does the Protective Commissioner become involved?
How clients come to the Office of the Protective Commissioner
Guardianship Tribunal
Supreme Court
Mental Health Review Tribunal
Magistrates
Voluntary Orders
How does the Protective Commissioner become involved?
An application for a Financial Management Order is usually made to the New South Wales Guardianship Tribunal or Supreme Court Equity Division - Protective by someone with a genuine concern for the welfare of a person who is having serious difficulty managing their own affairs. In most instances, the applicant is a family member, friend, social worker or health care professional.
A Financial Management Order is a legal decision of a tribunal or court to appoint the Protective Commissioner, or a private individual under the supervision of the Protective Commissioner, to manage the financial affairs of a person.
The Guardianship Tribunal and the Supreme Court Equity Division - Protective make most Financial Management Orders in New South Wales. In certain circumstances a Magistrate or the Mental Health Review Tribunal can make an order appointing the Protective Commissioner.
How clients come to the Office of the Protective Commissioner
Guardianship Tribunal
The NSW Guardianship Tribunal can appoint either the Protective Commissioner as financial manager, or a private manager whose financial management will be subject to direction and authorisation by the Protective Commissioner. The Tribunal conducts a hearing to take evidence from the parties involved and witnesses before making the decision. It provides written reasons for every decision it makes. There is no fee for making an application to the Guardianship Tribunal.
For more information about the NSW Guardianship Tribunal visit their website.
Supreme Court of New South Wales
The Supreme Court can appoint either the Protective Commissioner as financial manager, or a private manager who will be subject to direction and authorisation by the Protective Commissioner. Application for the management order is made by a summons, supported by an affidavit of the applicant and two medical affidavits. People making an application for a management order through the Supreme Court include family members, social workers and other interested persons. There is a filing fee which can be deferred or waived in the case of financial hardship. Hearings can be held and Financial Management Orders made within two to three weeks of lodgement of the summons in the Registry of the Equity Division - Protective of the Supreme Court.
For more information about the NSW Supreme Court visit their website.
Mental Health Review Tribunal
The Mental Health Review Tribunal can make a management order appointing the Protective Commissioner to manage the financial affairs of a person in a psychiatric hospital under the provisions of the Mental Health Act 1990. This decision is based on reports by hospital psychiatrists and social workers, and other relevant material.
For more information about the Mental Health Review Tribunal visit their website.
Magistrate visiting a psychiatric facility
A magistrate can make a Financial Management Order for a patient based on reports by hospital psychiatrists and social workers. A Legal Aid solicitor usually represents the patient.
Voluntary Orders
A voluntary patient in a psychiatric hospital or psychiatric ward may request the Protective Commissioner to manage their financial affairs. The request must be in writing and supported by a report from a health professional.
Voluntary management applications will only be accepted if the Protective Commissioner is satisfied no other means of managing a person’s estate is feasible and appropriate.
A copy of the Voluntary Management Policy and application forms can be downloaded from our publications page.
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