When you provide information or evidence to NCAT, all parties involved in the case will have access to this information, unless we order otherwise.
Generally all NCAT hearings are open to the public. Published decisions are made available on the NSW Caselaw website.
The exception is where NCAT orders a hearing or any part of a hearing be held in private, or NCAT makes a suppression or non-publication order. NCAT will only make such an order if it considers it necessary to avoid harm or it is in the interests of justice.
In some types of cases, NCAT automatically protects personal information. This includes cases about children, adoption, guardianship, financial management, medical treatment, victims of crime, and privacy complaints.
If you have genuine privacy concerns about any information, documents or evidence you need to give to NCAT, you can ask for a confidentiality order.
A confidentiality order restricts access to information about the case. This might include the names or personal information of parties, witnesses or others involved, as well as any sensitive information or documents provided to NCAT.
NCAT makes decisions based on information provided by family members, friends, health professionals, social workers and others. This includes written reports, letters or verbal information provided to the Tribunal.
Before a hearing, all documents and information received about the application will be sent to all of the parties. Reports and documents should, where possible, be objective and contain factual information and use neutral language. You cannot submit documents or information on a confidential basis. If you are concerned about providing a document, please contact NCAT to discuss your concerns.
Once a matter is finalised, the disclosure of information is restricted by section 101 of the Guardianship Act 1987. NCAT is prevented from disclosing information unless the author provides consent or there is a legal reason for disclosure, such as a subpoena.
Guardianship Division hearings are open to the public. However, generally only the people directly involved in the case will come to the hearing. If anyone else attends the hearing, the Tribunal will ask the person the hearing is about and the other parties if they have any objection to other people being at the hearing. However, it is for the Tribunal to determine whether it should close the hearing to the public.
In the Guardianship Act 1987, it is forbidden to publish or broadcast any information about the hearing or the person the hearing is about without NCAT’s consent. People at the hearing must not release information about the application to anybody who does not have a legitimate right to know about it.
After the hearing, NCAT provides written reasons for the decision. These reasons are only provided to the parties to the case and are not available to the public.
If NCAT appoints a guardian or financial manager for a person, information may be provided to the guardian or financial manager so they can make informed decisions for the person.
For more information, refer to the fact sheet Providing information to the Guardianship Division (PDF, 179.0 KB).
If someone makes an application to NCAT about you, they will be told to give you a copy of the application. Copies are also sent to the other people involved in the hearing, such as your spouse or carer.
A Tribunal officer will contact you to discuss the application, hear your views and explain the Tribunal process. You will also receive a letter with the date, time and location of the hearing. If you are concerned about talking about something at the hearing, contact the Tribunal officer managing your case.
The Tribunal officer is responsible for preparing the application for the hearing. You will be sent a copy of the documents received about the application and a copy of the hearing report. You have the right to talk to the Tribunal about anything mentioned in the application or hearing report.
There are strict guidelines about disclosing information. NCAT will only release your information to the parties to the application and those who need it to act in your best interests. For example, if NCAT appoints a guardian for you, the guardian will receive information about you to help them to make decisions for you.
If you have made an application, copies will be sent to the other parties, such as the person's spouse or carer.
NCAT cannot accept anonymous applications. If you think someone needs a guardian or financial manager but you do not want to make the application, contact NCAT for further advice.
The application cannot be kept a secret from the person the application is about. What you write in the application will be seen by the person the application is about and the other parties to the hearing.
If you have concerns about information in the application being shared with others, please contact NCAT.
Reports from medical specialists about a person's mental capacity helps NCAT determine whether they can make decisions for themselves. Other professional reports may give information about how a person is coping with daily living and whether they need a guardian or financial manager.
Reports are not confidential and will be provided to the parties to the hearing, including the person the hearing is about. It is not possible to provide a report only to NCAT, except in very exceptional circumstances. The Tribunal's overriding duty is to conduct its proceedings fairly.
If you have concerns about providing a report, please contact the Guardianship Division for further information.
If you are a relative or friend you may want to express your views about the application. Family and friends often know the person the best and their views are helpful for the Tribunal.
If you are invited to participate in the hearing, you can either put your views in writing, or attend the hearing in person or by telephone.
When giving information, you should be aware that:
If you have concerns about your information being shared with others, contact the Tribunal officer dealing with the application.
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