Apply for an urgent hearing

What is an urgent issue?

Urgent issues include an immediate risk of harm to person or property, severe personal or financial hardship, threat of removal of children, and warrant or lockout threats.

If NCAT agrees there is a high risk of immediate harm, a hearing may be held within 1 to 7 days depending on the urgency of the issue.

How to apply for an urgent hearing

Step 1: Download and complete an NCAT application form.

Step 2: Clearly write or mark "URGENT" at the top of the application form and provide details about why it is urgent.

Step 3: Attach supporting documents. For example, an apprehended violence order or police report, a medical certificate, or a written statement from a witness.

Apply for interim orders

For some case types where urgent action is needed, you can apply to NCAT for interim (temporary) orders in addition to your main application.

• Administrative review and regulation
• Professional discipline
• Strata schemes
• Community schemes
• Retail leases.

Request a stay order

If you are applying to NCAT to review a government decision or appealing a decision, you can apply to NCAT for a stay of the original orders while your case is being considered. Check your case type to see if you can apply for a stay order.

Guardianship Division applications

The Guardianship Division reviews all applications received and assesses the risk experienced by the person who is the subject of the application ('the person').

The urgency of the hearing depends on a range of factors, including:

• the risk to the person
• the time needed to gather all the necessary evidence for the hearing.

Examples of urgent matters

Urgent matters in the Guardianship Division include where the person lacks decision-making capacity and:

• is at risk of serious and imminent harm because of abuse, neglect, or exploitation
• is about to lose essential services or accommodation
• is refusing urgent and necessary medical care or hospital treatment
• has left or been taken from care or hospital against medical advice.

Urgent treatments that do not require consent

If a patient lacks capacity and the treating practitioner considers a proposed medical or dental treatment necessary as a matter of urgency, the treatment may not require consent from NCAT.

Urgent treatments that do not require consent include treatments to:

• save the patient’s life
• stop serious damage to the patient’s health, or
• prevent the patient from suffering or continuing to suffer significant pain and distress, except in the case of 'special treatment'. For a definition of special treatment please refer to the fact sheet Special medical treatment guidelines (PDF, 119.0 KB).

Call 1300 006 228 if your application to the Guardianship Division needs urgent attention, including outside business hours.