The demise of the guardianship tribunal and the rise of the NSW civil and administrative tribunal.

• Jurisdiction: Australia
• Author: Lucy, Juliet
• Date: 01 January 2013

On 26 October 2012, the NSW Attorney-General, Greg Smith, announced the establishment of a new tribunal, the NSW Civil and Administrative Tribunal or NCAT, to replace twenty-three existing tribunals, including the Guardianship Tribunal and the Administrative Decisions Tribunal. This was in direct response to the recommendations of the Standing Committee on Law and Justice's March 2012 report Opportunities to Consolidate Tribunals in NSW. (1)

The Civil and Administrative Tribunal Act 2013 (NSW) was assented to on 4 March 2013. It establishes the NSW Civil and Administrative Tribunal (NCAT) on 1 January 2014, or a later day fixed by proclamation. (2)

The establishment of NCAT will inevitably bring changes to the structure and procedures which currently apply in the Guardianship Tribunal, although the government has indicated that it will preserve the 'unique and essential features of existing tribunals'. The functions currently exercised by the Guardianship Tribunal will be exercised by NCAT's guardianship division, (3) although the relevant legislation to achieve this has not yet been introduced into Parliament.

It appears that NCAT's guardianship division will be located within the Guardianship Tribunal premises at Balmain in the short to medium term. The June 2013 issue of 'NCAT News' indicates that it is proposed to renew the lease of the Guardianship Tribunal premises for another four years.

Currently, the Guardianship Tribunal has a president and a deputy president and ninety part-time members. (4) The new guardianship division of NCAT will consist of a division head, who will be a president or deputy president of the Tribunal, (5) and other members allocated to the division. (6) Current members of the...