Policy Bulletin 2025/5: Civil Law policy for guardianship matters

30 June, 2025

The Legal Aid NSW Board has approved changes to Civil Law policy 4.10: Guardianship Act 1987 (NSW) to clarify when legal aid is available and to reflect the conduct of these matters.

Background

Legal aid is available for matters under the Guardianship Act 1987 (NSW) conducted in the Guardianship Division of NSW Civil and Administrative Tribunal (the Tribunal). The Guardianship Division is a protective jurisdiction and parties to proceedings are not entitled to be represented. A party may only be represented by a lawyer if the Tribunal grants leave or makes an order that the subject person be appointed a separate representative. Legal aid is available in guardianship matters for both separate representation and direct representation.

What has changed?

The following changes have been made to Civil Law policy 4.10: Guardianship Act 1987:

  • 4.10.1 Separate representation – removing the requirement that Legal Aid NSW be satisfied that “it is reasonable to provide a grant for the person to be separately represented”.
  • 4.10.2 Direct representation – replacing the requirement that the Tribunal has granted leave with the Merit Test.
  • 4.10.6 Variation of an order – legal aid is available to eligible applicants to seek a variation of a final order.
  • Miscellaneous changes to reflect the language of the Guardianship Act 1987, replacing references to the Guardianship Tribunal to the “Guardianship Division of NCAT”.

Start date

These changes apply to applications determined on or after 30 June, 2025.

Contact

For further information, contact the Client Eligibility Unit at: T-CEU@legalaid.nsw.gov.au.