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About Us
Who are we
Our Vision
Our Mission
Our Role
Where are we
What other services do we offer
Who are we?
The NSW Public Guardian is a public official who can be appointed by the NSW Guardianship Tribunal to be the guardian of a person (16 years and over) with a disability when there is no other person suitable or able to be the guardian.
The Public Guardian is the guardian for people who have a disability such as dementia, intellectual disability, brain injury, or mental illness and may live an at risk or itinerant lifestyle, and who have a decision making incapacity.
The Public Guardian is ‘the guardian of last resort’ and is only appointed when the Guardianship Tribunal considers that no private guardian can be appointed. This usually happens when no one is available, or when there is no one suitable, for example, when there is conflict within the family about decisions in relation to the person under guardianship.
The Public Guardian is a statutory official. The Office of the Public Guardian is part of the Attorney General's Department and is accountable to the Director General of that Department for the administration of the Office of the Public Guardian. The NSW Guardianship Tribunal has the authority to review the appointment of the Public Guardian as a person's guardian and the Administrative Decisions Tribunal has the authority to review the decisions of the Public Guardian. Complaints about service delivery may be made to the NSW Ombudsman. The Public Guardian is different to the Protective Commissioner. The Protective Commissioner makes financial decisions for a person under the Protected Estates Act 1983.
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Our vision
The vision of the Public Guardian is to operate in a society in which people with impaired decision-making abilities are included and accepted as valued members and their human rights recognised. When effective decision-making is required by others to meet their needs, this will be in accordance with the principles of natural justice and, where possible, within the context of their family and social group.
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Our mission
The mission of the Office of the Public Guardian is to act as a substitute decision maker for people with impaired decision making abilities when so appointed, and to take all actions necessary to make those decisions, within the principles of the Guardianship Act 1987.
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Our role
When appointed as someone’s guardian, the Public Guardian may make decisions on behalf of the person in the areas of decision-making authority (i.e. functions) identified in the guardianship order. The Public Guardian never makes financial decisions on behalf of the person under guardianship.
The main roles of the Office of the Public Guardian are to:
make a particular personal decision on behalf of a person under guardianship when given the authority to do so;
provide or withhold consent to medical and dental treatment on behalf of a person under guardianship when given the authority to do so;
advocate on behalf of the person under guardianship for services the person may need;
be the guardian for time specified in the guardianship order;
provide information and support to private and enduring guardians; and
provide information on the role and function of guardians to the general community.
Appointment of the Public Guardian
What guides the Public Guardian when making a decision?
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Where are we?
The Office of the Public Guardian is a statewide service based at the Parramatta Justice Precinct. We have a regional office in Gosford and in Sydney city.
Office hours of the Public Guardian are 9 a.m. – 5 p.m., Monday to Friday.
For urgent decisions the duty guardian can be contacted on the After Hours service. The After Hours service is used only when decisions need to be made immediately; for example consenting to medical treatment. Because of the process for decision-making there will be many decisions that cannot be made on the After Hours service.
Further contact details are available on the Contact Us page of this website.
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What other services do we offer?
The Office of the Public Guardian provides an information service to the general community and to legally appointed guardians. Anyone can call to speak to our information officers between 9 a.m. – 5 p.m., Monday to Friday. We also provide free education seminars to interested groups across NSW . For more details about these services go to the Information Sessions and Help for guardians pages of this website.
Click here to find out about the Publications available from the Public Guardian.
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