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Missing persons

Information about reporting a person missing, and support for family and friends of a missing person.

  • This topic covers

    This topic covers

    • Missing persons
    • Reporting a missing person
    • Dealing with a missing persons property 
    • Support for family and friends of missing persons

    If you have immediate concerns for the safety of a missing person, you should contact the police.

Time limitAction
No time limitTo report a person missing.
90 daysA person must be missing before the Supreme Court can declare them a missing person and make orders about their estate (property).

Organisation

OrganisationResponsibilities
NSW Civil and Administrative Review Tribunal (NCAT)Can make orders in some circumstances about the management of a missing persons property.
NSW Trustee and GuardianCan administer the estates of missing persons if appointed by the Supreme Court.
Supreme Court of NSW

Hears applications:

  • for a declaration that a person missing and orders managing their property
  • to revoke (cancel) an order that a person is missing.

Legislation

AuthorityCovers
NSW Trustee and Guardian Act 2009 (NSW)Outlines the law in relation to when a person can be declared missing and how a financial manager is appointed to look after the missing persons property. 

Com​mo​​n term

Defin​ition

EstateAll the property and debts of a person who is no longer able to look after it themselves.

Financial manager

Someone who is appointed to manage the estate of the missing person. This can be a person, group of people or the NSW Trustee and Guardian.
Financial management orderAn order that allows for the estate of a missing person (property) to be managed while the person is missing.

Missing person

Police consider a person missing if they cannot be located and there are fears for their safety or concerns for their welfare. The Supreme Court can declare a person missing if:

  • no one knows if they are alive 
  • reasonable attempts have been made to locate the person
  • they usually live in NSW, and
  • friends and family have not heard from the person in at least 90 days.

Managed missing person

A person who the Supreme Court made orders about the management of their estate (property) by another person.
NSW Trustee and GuardianA  NSW government agency that can be appointed to manage the property of a missing person.
Private financial managerA family member, friend or a group of people who are appointed to manage the estate of a missing person.

OrganisationFees
Supreme Court of NSWYou may have to pay a fee to make an application to the Supreme Court for person to be declared missing and orders to be made about the management of their estate. Fees may be waived in some circumstances. 

OrganisationForms
Supreme Court of NSWYou need to file a Summons in the Protective List of the Supreme Court of NSW for a person to be declared missing and for a person to be appointed to manage their affairs. For a copy of the form, see Civil Forms on the Uniform Civil Procedure Rules (UCPR) website.
Victims ServicesFamilies and Friends of Missing Persons Service - Consent for exchange of information

TypeCosts
Legal costsYou have to pay your own legal costs if you get a private lawyer to represent you in court or tribunal proceedings.
Woman working on computer

Frequently Asked Questions

Frequently Asked Questions about missing persons.

Go to questions

Our services

Contact us

Call us on 1300 888 529 between 9am to 5pm, Monday to Friday (excluding public holidays).

More services

Community Legal Centres NSW

Community legal centres give free and confidential legal help to people in need.

Crime Stoppers

If you have any information on a missing person call Crime Stoppers on 1800 333 000.

Family & Friends Missing Persons

Families and Friends of Missing Persons Service (FFMPS) provides free counselling, information and support to families and friends of missing persons in NSW. Call on 1800 633 063.

International Social Service Aus

International Social Service Australia (ISS Australia) provides intercountry social work, legal and mediation services for children and families separated by international borders.

Missed

Missed supports those impacted when a family member or friends goes missing.

Solicitor Referral Service

If you need legal help and are looking for a law firm, the Law Society of NSW Solicitor Referral Service (SRS) can provide you with a referral.

Last updated: December 2023