NCAT Overview and Structure

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Questions and Answers

What main concern did Karen have regarding her son Jack?

Jack’s employment opportunities

Jack’s housing situation

Jack’s financial mismanagement (correct)

Jack’s educational needs

What document did Karen submit to NCAT regarding Jack's situation?

Employment verification

Financial Management (FM) Application (correct)

Medical report

Housing application

Which party was responsible for producing an ‘NCAT Hearing Report’?

NCAT Case Management Officer (correct)

Jack’s Doctor

NSW Trustee and Guardian

Senior Member (Legal)

How did Jack participate in the hearing?

By video Signup and view all the answers

Which member of the tribunal outlined the purpose of the hearing?

Senior Member (Legal) Signup and view all the answers

What was the tribunal's finding regarding Jack's capabilities?

Jack is incapable of managing his financial affairs Signup and view all the answers

What was the role of the NSWTG Representative during the hearing?

To act as a statutory party Signup and view all the answers

Which individual provided evidence regarding Jack’s medical conditions?

Jack’s Doctor Signup and view all the answers

What is required for an applicant to withdraw a Financial Management Application?

The Tribunal’s permission is required. Signup and view all the answers

Which member is NOT typically part of the NCAT Tribunal during a Financial Management Application hearing?

A financial advisor. Signup and view all the answers

What title should Tribunal Members NOT be referred to during hearings?

Your Honour Signup and view all the answers

What is one of the key issues the Tribunal considers regarding a Financial Management Application?

The concerned person's capability to manage their own financial affairs. Signup and view all the answers

Which statement is correct regarding the role of Case Management in NCAT for a Financial Management Application?

They coordinate the collection of relevant information and evidence. Signup and view all the answers

What type of qualifications is expected from a Tribunal member assessing a case under the Guardianship Act?

Professional qualification in assessing or treating relevant individuals. Signup and view all the answers

What must be obtained from the person concerning the Financial Management Application?

Their views, where possible. Signup and view all the answers

What describes the Tribunal's approach to determining the appointment of a financial manager?

It includes examining if there's a need for another person to manage finances. Signup and view all the answers

What is one of the primary roles of a financial manager in the context of NCAT Financial Management Applications?

To execute legal transactions on behalf of the incapable person Signup and view all the answers

Which of the following is NOT a reason for initiating a Financial Management Application?

A need to manage the concerned person's medical treatments Signup and view all the answers

In the context of NCAT Financial Management Applications, who can initiate the application?

Any person with a genuine concern for the welfare of another person Signup and view all the answers

What is one of the responsibilities of the NSW Trustee concerning Financial Management Applications?

To receive a copy of all Financial Management Applications Signup and view all the answers

Who are the parties involved in a Financial Management Application?

The Applicant, the concerned person, and their appointed attorney Signup and view all the answers

Which section of the Guardianship Act outlines the parties involved in a Financial Management Application?

Section 3F(5) Signup and view all the answers

What factor is considered paramount according to the Guardianship Act 1987 (NSW)?

The views and welfare of people with a disability Signup and view all the answers

What action involves the financial manager approving participation in clinical trials?

Providing consent for medical treatment Signup and view all the answers

Study Notes

NCAT Overview

NCAT stands for New South Wales Civil and Administrative Tribunal
It was established on 1 January 2014
NCAT's powers come from the Civil and Administrative Tribunal Act 2013 (NSW), Civil and Administrative Tribunal Regulations 2013 (NSW), and Civil and Administrative Tribunal Rules 2014 (NSW)
NCAT aims to provide a centralized point of access for most NSW Tribunal services
NCAT seeks to be accessible and responsive to users
NCAT resolves real issues in proceedings
NCAT provides timely, fair, and consistent decisions
NCAT consolidated the work of 22 separate tribunals

NCAT Structure

NCAT has a membership structure with Presidential Members, Deputy Presidents, Principal Members, Senior Members, and General Members.
The administrative structure includes a President, Executive Director/Principal Registrar, Rules Committee, Corporate Services, Registry Services, and Principal Registry
NCAT has divisions including Administrative & Equal Opportunity, Consumer and Commercial, Occupational, and Guardianship
Each division has a Division Head, Director/Registrar

NCAT Jurisdiction

General Jurisdiction: Matters arising from enabling legislation
Administrative Review Jurisdiction: Reviews administrative decisions under the Administrative Decisions Review Act 1997 (NSW)
Appeal Jurisdiction: Reviews decisions made by NCAT (Internal Appeal) or external decision-makers (External Appeal)
Enforcement Jurisdiction: Matters arising from breaches of NCAT rules, policies, and procedures; or, NCAT's civil penalty provisions

NCAT Guiding Principles

NCAT's guiding principle is to facilitate the just, quick, and cheap resolution of real issues in the proceedings
The tribunal considers the interests of both parties
NCAT considers issues of proportionality
NCAT considers costs
NCAT considers the impact on the Tribunal when managing other applications

NCAT General Procedures

NCAT is bound by principles of procedural fairness and natural justice
NCAT ensures parties have a reasonable opportunity to be heard
NCAT emphasizes informality
NCAT does not place the burden of proof on any party
NCAT does not impose a standard of proof (except for civil penalty matters)
Tribunal members need only be 'comfortably satisfied' when determining matters

NCAT Open Justice

NCAT hearings are generally open to the public (including media representatives)
NCAT hearings can be conducted privately if deemed desirable due to confidential evidence or matter
NCAT hearings may proceed in the absence of involved parties if issues can be determined
NCAT hearings are usually oral

NCAT Parties

Parties appearing in NCAT proceedings vary based on applications and matters
NCAT has the power to join or remove parties during proceedings
A party whose interests are affected may be considered a necessary or proper party
A "party" in legal proceedings has rights such as receiving a notice of hearing

NCAT Representation

Generally, a party is responsible for their case and is not entitled to representation
Representation is only allowed if leave is granted by the Tribunal
The Tribunal can impose conditions related to representation
The Tribunal can revoke representation in certain circumstances
NCAT strives to provide an accessible and efficient process with a focus on self-representation

NCAT Evidence

NCAT is not bound by court rules of evidence (hearsay, relevance, opinion evidence) in most proceedings
Evidence rules apply to certain NCAT proceedings, such as those involving enforcement jurisdiction or civil penalties

NCAT Costs

NCAT is generally a "no costs" jurisdiction
NCAT may award costs only if "special circumstances" exist (e.g., proceedings are frivolous, vexatious, misconceived, or lack substance)
When applying for costs, parties must outline why special circumstances exist and provide evidence of incurred costs.

NCAT Guardianship Division

Promotes rights of people with decision-making disabilities
Facilitates substitute decision-making
Reviews guardianship orders and financial management orders
Provides consent for medical and dental treatment
Reviews enduring powers of attorney and guardianship appointments
Approves participation in clinical trials
Section 4 of the 1987 NSW Guardianship Act requires considering welfare and interests foremost

NCAT Financial Management Applications

NCAT financial management applications may be required in situations involving incapable persons in legal transactions, inadequate informal agreements, family disputes regarding finances, or risk of abuse/exploitation.
Parties include applicant, concerned person, their spouse/carer/attorney, and the NSW Trustee
NSW Trustee receives a copy of all applications
No fees are payable to lodge a Financial Management Application
NCAT has a detailed case management process for the applications, including coordinating parties, evidence gathering, setting hearing dates, and providing notifications
The Tribunal determines capability to manage finances, need for management by another, and who should manage finances

NCAT Case Study - Jack's Story

(Detailed case study of Jack's FM Application is provided in the slide summaries )

NCAT Hearing of a Financial Management Application

Procedure, composition of Tribunal, and relevant questions
(Detailed description of the hearing process and issues addressed is presented in the page summaries)

NCAT Financial Management Order

Types of orders (dismissal, plenary, partial, interim, reviewable)
Duration of the order expires under the various conditions (death, review, revocation, etc.)
NCAT frequently provides support to parties
NSW Trustee receives copies of the order and reasons

Appeals from the NCAT Guardianship Division

Specific process, timelines for appeal and applicable Acts
Decisions can be appealed to the Internal Appeals Panel or Supreme Court of NSW
Appealing to one panel doesn't prohibit appeal to the other

Duration of a NCAT Financial Management Order

The order is in force until various conditions are met (death, review, revocation, etc. )
Registration provisions are indicated for interstate applications, if relevant

Conclusion

A concise summary of the case study of Jack, an FM Application

Contact Details

Contact information for NCAT and the Guardianship Division is provided, inclusive of website links and email addresses and phone numbers.

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Description

This quiz covers the New South Wales Civil and Administrative Tribunal (NCAT), its establishment, powers, and organizational structure. It explores how NCAT serves as a centralized point for tribunal services and ensures fair resolution of disputes. Learn about the membership and administrative structure of NCAT through this informative quiz.