The NSW Ministry of Health, Whole of Health Program Guardianship Project has been working in partnership with a number of LHDs to improve the time patients are waiting in hospital for Guardianship matters to be heard. There have been a number of recent developments which will assist you when making applications for inpatients of NSW Health facilities.
Guideline
The NSW Ministry of Health (MoH) Guardianship Guidelines are available via www.health.nsw.gov.au/policies/Pages. Please take the time to have a read through these guidelines. They will assist you when making applications to the Guardianship Division of NCAT. Templates for reports are also available within the guideline. Please contact if you would like these templates in word version.
Training
The Ministry of Health in conjunction with HETI have developed an education program for staff to assist them to understand their roles and responsibilities when making an application to the Guardianship Division of NCAT. The online module titled ‘Guardianship Application Process’ has now gone live and can be accessed and completed via the HETI website. We encourage all staff who are involved in the guardianship process to complete this training.
A Face to Face train the trainer module is also currently being rolled out across NSW by HETI. Training will be provided in each LHD.
Project with Premiers Implementation Unit
On 1st February 2017 NSW Ministry of Health began a pilot with NCAT, the Public Guardian, The Premiers Implementation Unit and NSW Treasury to improve the process for patients waiting in NSW hospitals for guardianship maters to be heard. The project aims to reduce the length of stay for patients waiting for guardianship and ensure that they are receiving the right care, in the right place at the right time. The key features of the pilot will be to:
- Develop a dedicated NCAT team for hospital applications (application to hearing in 21 days)
- Provide education for key hospital stakeholders
- Develop a single point of contact at Ministry of Health for guardianship
- Increase involvement of OPG in hospital-related guardianship hearings (Initial Hearing Team)During this pilot period we invite you to work in collaboration with NCAT and the Public Guardian. In order to make this pilot a success, NSW inpatient health staff are requested to:
- Complete and submit applications and reports to NCAT within 7 days of the decision being made that an application is required.
- Submit the application and reports required at the same time to minimise any delay and additional processing time. NCAT are unable to lodge an application unless all the reports listed in the application are submitted.
- Ensure that patients waiting for guardianship are recorded on the Patient Flow Portal, Waiting for What.
- Work in conjunction with the Guardianship Division of NCAT and the Office of the Public Guardian to provide relevant information to assist the guardianship decision making process.
- Develop local pathways to ensure that NCAT are able to contact relevant staff in a timely manner to minimise any delays. Each facility will be asked to provide contact details for NCAT use which needs to be maintained and current. A template will be sent out by the MoH for completion at each site.
- Inform the MoH, Whole of Health Program, Guardianship Relationship Manager on tel: 02 9461 7222 of any issues or concerns regarding patients waiting for Guardianship in NSW Health facilitates during the pilot period.
Changes to NCAT and procedures for making applications
There have been a number of recent changes that you need be aware of:
- Applications to be made on behalf of the Local Health District (LHD)
All applications made by NSW Health Staff for Guardianship and Financial Management orders should be made by workers on behalf of their LHD. Please ensure that you still put your name and contact details on the application form so NCAT have the correct details to contact you. You must also include which LHD you are from. E.g. Tom Smith on behalf of SESLHD. In the first name section enter your ‘full name’. In the surname section enter ‘on behalf of xxxLHD’.
- New forms
NCAT have now separated the Guardianship and Financial Management application forms. If you are making applications for both Guardianship and Financial Management you will be required to fill out two forms.
The forms can be found on the NCAT Website Forms – Guardianship Division
- New process for serving applications and reports
As per section 10 of the Guardianship Act, the applicant is required to serve the application and reports to the subject and all parties. In the past, NCAT served applications to the other parties but is now requesting that the applicant complete this task.
If this is not completed and the box ticked on the form it is unlikely that your matter will proceed to hearing. You need to tick the box on the application form that this is completed.
It is not expected that you serve the papers in person. Post or secure email is sufficient. However, care must be taken to ensure that the applications are sent to the correct parties, at their current addresses and that no additional or irrelevant information is included. It is recommended that this is completed at the time that your application is submitted to NCAT.
NCAT have provided clear guidance as to who would be a party to the hearing. Please review the Information for Applicants Fact Sheet on the NCAT Website for further details.
If you have serious concerns regarding sharing this information you can consider making an application to NCAT to have this information made confidential, however this would only be granted in exceptional circumstances.
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