NCAT Guardianship Division Form | Guardianship application Page | 7
GUIDE TO COMPLETING THE APPLICATION FORM
Use the following information to help you complete the NCAT Guardianship Division Guardianship Application Form. Section
headings and numbers match the questions on the form.
1. PERSON THE APPLICATION IS ABOUT
A. PERSON’S NAME AND ADDRESS
Provide the person’s full name and usual address.
B. PERSON’S CURRENT LOCATION
This is the address of the place where the person is staying
if they are not at their usual address.
C. WHAT TYPE OF ACCOMMODATION ARE THEY
Tick the box that best describes where the person is
D. WHAT IS THE PERSON’S VIEW ABOUT THIS
You must tell the person you are making an application
about them and ask whether they agree to it. NCAT may
still make an order if they don't agree, but must take their
views into account.
E. WHY DO YOU THINK THE PERSON HAS
DECISION MAKING DISABILITY?
The person must have a disability that affects their decisio
aking. There must also be a current need for someon
se to make decisions about the person's health,
accommodation or services. This may or may not be due t
a medical condition. Attach any evidence you have about
the person's condition or their ability to make their ow
F. ASSISTANCE AT THE HEARING
NCAT prefers that the person attends the hearing in
person. If they are not able to attend in person, a video or
teleconference can be arranged. If other assistance is
required, or the person cannot take part in the hearing, you
should contact NCAT.
The applicant is the person who is lodging the application.
Provide your details here unless you are the person the
applicant is about.
I agree to have NCAT notices and correspondence sent
to my email address
By ticking this box you agree to receive all correspondence
I have read the ‘Information for Applicants’ fact sheet
You must have read and understood the responsibilities of
an applicant before you continue. If at any stage you are
unwilling or unable to continue in the role you should find
someone else to take over and inform NCAT.
3. PUBLIC GUARDIAN
A. HAVE YOU SENT A COPY OF THIS APPLICATION
TO THE PUBLIC GUARDIAN?
The Public Guardian is a statutory party to all NCAT
Guardianship Applications. You must send a copy of your
application and any attachments to the Public Guardian.
The Public Guardian is a separate organisation from
4. OTHER PARTIES
A. DOES THE PERSON HAVE A SPOUSE?
A spouse is the husband, wife or de facto partner
(including same sex partner) of the person the application
is about. The spouse must have a close and continuing
relationship with the person.
B. DOES THE PERSON HAVE A CARER?
A carer is an unpaid person who provides or arranges for
domestic services and support for the person on a regular
basis, or before the person lived in a residential care
facility. The carer is still considered unpaid if they receive a
C. HAS THE PERSON APPOINTED AN ENDURING
An enduring guardian is someone appointed by the
person to make lifestyle, health and medical decisions for
when they are not capable of doing this for themselves.
If applicable, please attach of copy of the person’s signed
Appointment of Enduring Guardian Form.
D. ACKNOWLEDGEMENT OF PARTIES
All material sent to NCAT must also be sent to the Public
Guardian and all other parties, including the person that the
application is about, unless NCAT makes an order to
restrict disclosure about the proceedings (section 64 Civil
Administrative Tribunal Act 2013). You must provide
good reasons if you want orders made to restrict
5. OTHER PEOPLE IN THE PERSON’S LIFE
If the person has close friends or relatives that have
frequent contact with the person, and an interest in their
welfare, they should be listed. Professionals such as social
workers or doctors should also be listed.
6. NEED FOR A GUARDIAN
A. WHY ARE YOU ASKING FOR A GUARDIAN TO BE
Most adults with disabilities are assisted with decisio
aking by family members, friends or service providers.
These informal decision making arrangements often meets
the person’s needs. NCAT must be satisfied that:
· the person the application is about has a decisi
· the disability results in the person being partially or
wholly incapable of managing themselves, and
here is a need for the person to have a guardia
If the person already has informal decision making or an
enduring guardianship appointment in place that is working
in their best interests, NCAT may not make an order.