4.10 Guardianship Act 1987 (NSW)

Legal aid is available for matters under the Guardianship Act 1987 (NSW).

4.10.1 - Matters before the Guardianship Division of NCAT– separate representation

Legal aid is available to a person who is the subject of proceedings under the Guardianship Act 1987 (NSW) where the Tribunal has made an order that they be separately represented.

To be eligible for legal aid the applicant must satisfy:

  • the Tribunal has made an order that the person be separately represented.

4.10.2 - Matters before the Guardianship Division of NCAT - direct representation

Legal aid is available to a person who is the subject of proceedings under the Guardianship Act 1987 (NSW).

To be eligible for legal aid the applicant must satisfy:

4.10.3 - Matters before the Guardianship Division of NCAT– special treatment

Legal aid is available for Guardianship Division of NCAT proceedings which relate to seeking consent to carry out Special Treatment on an adult or a child.

Note: 'Special Treatment' is defined under Part 5 of the Guardianship Act 1987 (NSW).

Where the applicant for legal aid is the person who is the subject of the application for Special Treatment

Legal aid is available to a child or adult who is the subject of proceedings relating to an application for Special Treatment.

There is no means or merit test applied.

Where the applicant for legal aid is a carer

Legal aid is available to an applicant who is significant to the care and well-being of the child or adult who is the subject of proceedings relating to an application for Special Treatment.

To be eligible for legal aid the applicant must satisfy:

See Family law policy 3.9: Special medical procedures covering special medical procedure matters in the Federal Circuit and Family Court of Australia.

4.10.4 - Other parties before the Guardianship Division of NCAT

Legal aid is available to an applicant for legal aid who is an affected person in proceedings before the Guardianship Division of NCAT.

To be eligible for legal aid the applicant must satisfy:

  • the Simplified Means Test,
  • the Merit Test,
  • the Tribunal has granted leave for the person to be represented, and
  • the applicant is a party to the proceedings.

4.10.5 - Appeals against decisions of the Guardianship Division of NCAT

Legal aid is available to a person who is under a guardianship order made under the Guardianship Act 1987 (NSW) and who is appealing to the Appeals Panel of NCAT or the Supreme Court against:

  • a decision of the Guardianship Division of NCAT.

To be eligible for legal aid the applicant must satisfy:

4.10.6 - Revocation or variation of financial management orders or guardianship orders

Legal aid is available to an applicant who is seeking revocation or variation of an existing financial management order or guardianship order.

To be eligible for legal aid the applicant must satisfy:

4.10.7 - Appeal against a decision of the Public Guardian

Legal aid is available to the person to whom the decision relates or to affected persons for an application to the Administrative and Equal Opportunity Division of NCAT for:

  • a review of a decision of the Public Guardian.

To be eligible for legal aid the applicant must satisfy:

Note: Where the applicant for legal aid is the person to whom the decision relates the Means Test does not apply.

4.10.8 - Review of a decision of the NSW Trustee

Legal aid is available to a person who is the subject of an order under NSW Trustee and Guardian Act 2009 or affected persons for an appeal to the Administrative Decisions and Equal Opportunity Division of NCAT for:

  • a review of a decision of the NSW Trustee.

To be eligible for legal aid the applicant must satisfy:

Note: Where the applicant for legal aid is the subject of an order the Means Test does not apply.

4.10.9 - Appeals to NCAT and the Supreme Court

Legal aid is available to applicants (except witnesses) who are affected persons for an appeal to the Appeals Panel of NCAT and the Supreme Court against:

  • a decision of the Guardianship Division of the NCAT.

To be eligible for legal aid the applicant must satisfy:

Date last published: 1 June 2026