Guide to Reviewing or Revoking Financial Management Orders in NSW

Understanding the Application to Review or Revoke a Financial Management Order in NSW

If you are involved in a situation where a financial management order has been made by the NSW Civil and Administrative Tribunal (NCAT), you may find yourself needing to review or revoke that order. This process is crucial if circumstances have changed or if you believe the order no longer serves the best interests of the person involved. This article provides an overview of the purpose of the form, who should use it, and key points to consider when submitting your application.

What Is a Financial Management Order?

A financial management order is a legal directive issued by NCAT that authorizes a designated person or entity to manage the financial affairs of an individual who is deemed unable to do so independently. Such orders aim to protect vulnerable persons from financial abuse or mismanagement, but they can sometimes become outdated or inappropriate if the person's circumstances change.

Who Should Use the Application Form?

This application form is intended for individuals seeking to either review or revoke an existing financial management order. It is suitable in cases where:

• The individual subject to the order has regained the capacity to manage their finances.
• The current order is no longer in the best interests of the individual.
• There are other reasons that justify altering or ending the order.

Before completing the form, it is recommended to read the accompanying fact sheet titled ‘Review or revoke a financial management order’ for detailed guidance.

Key Sections of the Application Form

1. The Applicant

This section requires details about the person making the application, including their relationship to the individual with the financial management order. It also asks for contact information and whether the appointed financial manager is aware of the application. If the applicant is the financial manager themselves, this must be indicated.

2. The Person Subject to the Order

Here, details about the individual whose finances are managed are provided, including their name, date of birth, gender, and current residence. It is important to specify their current location and whether they are aware of the application, as well as their support or opposition.

3. Details of the Financial Manager and Other Parties

This section gathers information about the current financial manager, whether it is the NSW Trustee and Guardian or a private manager, and details about any other relevant parties such as spouses or carers. If there are multiple managers, all must be listed.

Reasons for Reviewing or Revoking the Order

The application form provides options for the applicant to specify the grounds for their request. The main reasons include:

• Belief that the individual has regained the capacity to manage their own finances.
• Belief that the order is no longer in the person's best interests.

When applying on the grounds of regained capacity, the applicant must support their claim with recent, independent professional evidence demonstrating the person's current ability to manage finances. Typically, at least two reports are required to substantiate this claim.

Points of Attention and Advice

When completing the application, it is essential to provide clear, detailed reasons for the review or revocation. Supporting evidence from qualified professionals enhances the credibility of the application. Additionally, consider the ongoing support arrangements for the individual if the order is revoked, ensuring they will be able to manage their finances effectively.

Applicants should also be aware that the Tribunal may require further information or evidence before making a decision. It is advisable to consult the fact sheet and, if necessary, seek legal advice or assistance from NCAT's Guardianship Division.

How to Submit the Application

The completed form should be submitted to NCAT’s Guardianship Division, either online via the myGov platform or through other prescribed methods. Ensure all sections are filled accurately to avoid delays. If you have questions during the process, contact NCAT’s Guardianship Division at (02) 9556 7600 or 1300 006 228 for guidance.

In summary, this application process is a vital legal step for ensuring the best interests and autonomy of individuals under a financial management order. Proper preparation and supporting evidence are key to a successful review or revocation.