NSWIn ForceAct
Guardianship Act 1987
3FPersons who are “parties” to proceedings under this Act
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#### 3F Persons who are “parties” to proceedings under this Act
3F Persons who are “parties” to proceedings under this Act
> > (1) A person is a party to proceedings before the Tribunal under this Act as provided by this section.
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> > (2) Each of the following persons is a party to any proceedings before the Tribunal in respect of an application for a guardianship order under this Act—
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> > > (a) the applicant,
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> > > (b) the person to whom the application relates,
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> > > (c) the spouse, if any, of the person to whom the application relates, if the relationship between the person and the spouse is close and continuing,
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> > > (d) the person, if any, who has care of the person to whom the application relates,
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> > > (d1) the enduring guardian, if any, of the person to whom the application relates,
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> > > (e) the Public Guardian,
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> > > (f) any person whom the Tribunal has joined as a party under section 44 of the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002).
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> > (3) Each of the following persons is a party to proceedings consisting of a review by the Tribunal of a guardianship order made under this Act—
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> > > (a) the person, if any, who requested the review,
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> > > (b) the person the subject of the order,
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> > > (c) the spouse, if any, of the person the subject of the order, if the relationship between the person and the spouse is close and continuing,
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> > > (d) the person who has care of the person the subject of the order,
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> > > (d1) the enduring guardian, if any, of the person the subject of the order,
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> > > (e) the guardian appointed under the order,
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> > > (e1) the Public Guardian,
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> > > (f) any person whom the Tribunal has joined as a party under section 44 of the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002).
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> > (4) Each of the following persons is a party to proceedings consisting of a review by the Tribunal of an appointment (or purported appointment) of an enduring guardian under this Act—
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> > > (a) the person, if any, who requested the review,
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> > > (b) the person appointed as the enduring guardian,
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> > > (c) the person who appointed the enduring guardian,
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> > > (d) the spouse, if any, of the person who appointed the enduring guardian, if the relationship between the person and the spouse is close and continuing,
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> > > (e) the person, if any, who has care of the person who appointed the enduring guardian,
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> > > (e1) the Public Guardian,
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> > > (e2) the NSW Trustee,
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> > > (f) any person whom the Tribunal has joined as a party under section 44 of the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002).
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> > (5) Each of the following persons is a party to any proceedings before the Tribunal in respect of an application for a financial management order under this Act—
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> > > (a) the applicant,
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> > > (b) the person to whom the application relates,
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> > > (c) the spouse, if any, of the person to whom the application relates, if the relationship between the person and the spouse is close and continuing,
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> > > (d) the person, if any, who has care of the person to whom the application relates,
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> > > (e) the person, if any, appointed attorney by the person to whom the application relates under a power of attorney that is in force,
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> > > (f) the NSW Trustee,
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> > > (g) any person whom the Tribunal has joined as a party under section 44 of the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002).
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> > (6) Each of the persons specified in subsection (7) is a party to proceedings consisting of a review by the Tribunal of—
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> > > (a) a financial management order made under this Act, or
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> > > (b) the appointment under this Act of a manager of an estate.
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> > (7) For the purposes of subsection (6), the persons are—
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> > > (a) the person, if any, who requested the review,
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> > > (b) the protected person to whom the relevant financial management order relates,
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> > > (c) the spouse, if any, of the protected person, if the relationship between the person and the spouse is close and continuing,
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> > > (d) the person, if any, who has care of the protected person,
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> > > (d1) the person, if any, appointed attorney by the person to whom the relevant financial management order relates under a power of attorney (whether in force or suspended),
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> > > (e) the person appointed as the manager of the estate concerned,
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> > > (f) the NSW Trustee,
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> > > (g) any person whom the Tribunal has joined as a party under section 44 of the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002).
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> > (8) In this section, financial management order and protected person have the same meanings as in Part 3A.
>
> **s 3F:** Ins 1997 No 49, Sch 1 \[8\]. Am 1999 No 85, Sch 1.15 \[1\]; 2009 No 49, Sch 2.27 \[2\]; 2013 No 95, Sch 5.7 \[4\]; 2015 No 2, Sch 2.1 \[1\]–\[3\]; 2018 No 29, Sch 1.14 \[1\] \[2\].