GUARDIANSHIP DIVISION
The Guardianship Division of NCAT hears and determines applications for the appointment of guardians and financial managers for adults with decision making disabilities who may be incapable of making their own decisions and who may require a legally appointed substitute decision maker. The Division considers applications about people whose usual residence is in NSW or who have property or other financial assets in NSW.
The Division deals with applications to: make guardianship orders to appoint a private guardian (family member or friend) and/or the NSW Public Guardian make financial management orders to appoint a private financial manager and/or the NSW Trustee & Guardian provide consent for treatment by a doctor or dentist review enduring powers of attorney review an enduring guardianship appointment approve a clinical trial so that people with decision-making disabilities can take part.
Further information about the Division is available at http://www.ncat.nsw.gov.au/ncat/guardianship.html
The Guardianship Act 1987 (http://www.legislation.nsw.gov.au/maintop/view/inforce/act) sets out the jurisdiction of the Guardianship Division and the principles to be applied when making decisions.
The Division is seeking applicants for a limited number of the following positions Part Time Senior Members (Legal) Part Time Senior Members (Professional) Part Time General Members (Community)
Members of the Guardianship Division are appointed on the basis of their legal skills and experience or their significant professional and personal experience with people who have disabilities. This may include experience with people with dementia, mental illness, acquired brain injury, intellectual disability, stroke, eating disorders and other cognitive impairment.
Note: The number and level of appointments will depend on the requirements of the Division and other appointments made.
Remuneration
Part time members sitting in the Guardianship Division receive a daily rate of: Senior Members (Legal) – $726 per day Senior Member (Professional) - $603 per day General Member (Community) - $603 per day.
A Senior Member (Professional) or General Member (Community) sitting alone in the Guardianship Division is entitled to a daily rate of $726.
1 The NCAT Member Terms and Conditions Handbook specifies that part time members may be paid for a quarter, half or full day, dependant on the duration of proceedings.
All members, when entitled, will be reimbursed for expenses that are reasonably incurred for travel, meal and motor vehicle use providing they do not exceed the rates applicable to Senior Executive Officers and Statutory Officers for Category B officers.
A Professional Services Fee of $503 per day will be paid to all part time members attending compulsory professional development or participating on a Committee or other working group.
Selection Criteria Applicants are invited to address the following criteria
Senior Members (Legal)
Primary Criteria Must be an Australian Lawyer of at least seven (7) years standing. Ability to determine complex matters in a fair, impartial, informal, expeditious and cost effective manner. Ability to utilise modern case management practices and a range of dispute resolution techniques where possible, while exercising appropriate judgement. Ability to make reasoned, timely and defensible decisions according to law. Demonstrated commitment to the principles of the Guardianship Act 1987 and an understanding of the needs of people with disabilities. Ability to produce written statements of reasons for decision which set out the matters referred to in section 62(3) of the Civil and Administrative Tribunal Act 2013 and within the time limits prescribed. Ability to conduct proceedings in a fair, impartial and harmonious manner, as informally as practicable, whilst maintaining control of the proceedings and adhering to relevant legal requirements. Be readily accessible when rostered on the Tribunal’s after hours service and be available to travel to Tribunal hearings within Sydney and regional NSW. Preparedness to sign a member Code of Conduct and maintain the Tribunal’s independence and reputation. Maintain personal independence and integrity and promote the highest standard of behaviour.
Secondary Criteria Excellent oral and written communication skills. Possess the ability to communicate effectively in plain English, with parties, other members and Registry staff. Experience in working with a diverse range of people, including Aboriginal or Torres Strait Islander people and/or those from culturally and linguistically diverse backgrounds. Capacity to work within the Tribunal’s electronic environment, including familiarity with computing facilities, ability to manage own typing and operate automated sound recording equipment.
2 Senior Members (Professional)
Primary Criteria A person with a relevant professional qualification (such as a medical practitioner, psychologist or social worker) who has special knowledge, skill or expertise in assessing or treating persons to whom the Guardianship Act 1987 relates such as people with disabilities such as dementia, mental illness, acquired brain injury, intellectual disability, stroke, eating disorders and other cognitive impairments. Ability to utilise modern case management practices and a range of dispute resolution techniques to achieve agreed outcomes where possible, while exercising appropriate judgement. Possess sufficient knowledge to make reasoned decisions as part of a panel of members or when sitting as a single member. Be readily accessible when rostered on the Tribunal’s after hours service and be available to travel to Tribunal hearings within Sydney and regional NSW. Preparedness to sign a member Code of Conduct and maintain the Tribunal’s independence and reputation. Maintain personal independence and integrity and promote the highest standard of behaviour.
Secondary Criteria Excellent oral and written communication skills. Possess the ability to communicate effectively in plain English, with parties, other members and Registry staff. Experience in working with a diverse range of people, including Aboriginal or Torres Strait Islander people and/or those from culturally and linguistically diverse backgrounds. Capacity to work within the Tribunal’s electronic environment, including familiarity with computing facilities, ability to manage own typing and operate automated sound recording equipment.
General Members (Community)
Primary Criteria
A person with a community based qualification such that they have experience with persons to whom the Guardianship Act 1987 relates such as people with disabilities such as dementia, mental illness, acquired brain injury, intellectual disability, stroke, eating disorders and other cognitive impairments. Ability to utilise modern case management practices and a range of dispute resolution techniques to achieve agreed outcomes where possible, while exercising appropriate judgement. Possess sufficient knowledge to make reasoned decisions as part of a panel of members or when sitting as a single member. Be readily accessible when rostered on the Tribunal’s after hours service and be available to travel to tribunal hearings within Sydney and regional NSW. Preparedness to sign a member Code of Conduct and maintain the Tribunal’s independence and reputation. Maintain personal independence and integrity and promote the highest standard of behaviour.
3 Secondary Criteria
Sound oral and written communication skills. Possess the ability to communicate effectively in plain English, with parties, other members and Registry staff. Experience in working with a diverse range of people, including Aboriginal or Torres Strait Islander people and/or those from culturally and linguistically diverse backgrounds. Capacity to work within the Tribunal’s electronic environment, including familiarity with computing facilities, ability to manage own typing and operate automated sound recording equipment.
4 CONSUMER AND COMMERCIAL DIVISION
The Consumer and Commercial Division of NCAT resolves a wide range of disputes relating to residential and retail property, along with disputes about the supply of goods and services. Types of matters dealt with in the Division include:
agent commissions and fees agricultural tenancy boarding houses consumer claims conveyancing costs dividing fences holiday parks home building motor vehicles pawnbrokers and second-hand dealers residential parks residential tenancy retail leases retirement villages social housing strata and community schemes Travel Compensation Fund appeals.
Further information about the Division is available at http://www.cc.ncat.nsw.gov.au/cc/Consumer_and_Commercial.page
A list of the legislation that enables the jurisdiction of the Division is available at http://www.cc.ncat.nsw.gov.au/cc/Resources/Legislation.page
The Division is seeking applicants for a limited number of the following positions Part Time Senior Members
Remuneration Part time members sitting in the Consumer and Commercial Division receive a daily rate of: Senior Member - $900 per day
The NCAT Member Terms and Conditions Handbook specifies that part time members may be paid for a quarter, half or full day, dependant on the duration of proceedings.
All members, when entitled, will be reimbursed for expenses that are reasonably incurred for travel, meal and motor vehicle use providing they do not exceed the rates applicable to Senior Executive Officers and Statutory Officers for Category B officers.
A Professional Services Fee of $503 per day will be paid to all part time members attending compulsory professional development or participating on a Committee or other working group.
5 Selection Criteria Applicants are invited to address the following selection criteria
Senior Members
Primary Criteria Must be an Australian Lawyer of at least seven (7) years standing or person with special knowledge, skill or expertise in relation to any one or more classes of matters in respect of which the Tribunal has jurisdiction. Ability to determine complex matters in a fair, impartial, informal, expeditious and cost effective manner. Demonstrated knowledge of the law in relation to the Division or the capacity to acquire that knowledge quickly. Demonstrated ability to work in a high-volume and complex list-driven work environment and resolve and determine matters within limited timeframes. Ability to utilise modern case management practices and a range of dispute resolution techniques to achieve agreed outcomes where possible, while exercising appropriate judgement. Ability to make reasoned and defensible decisions according to law. Ability to conduct proceedings in a fair, impartial and harmonious manner, as informally as practicable, whilst maintaining control of the proceedings and adhering to relevant legal requirements. Ability to perform duties, particularly conduct hearings, without support staff.
Secondary Criteria Excellent oral and written communication skills. Possess the ability to communicate effectively in plain English, with parties, other members and Registry staff. Capacity to work within the Tribunal’s electronic environment, including familiarity with computing facilities, ability to manage own typing and operate automated sound recording equipment. Experience in working with a diverse range of people, including Aboriginal or Torres Strait Islander people and/or those from culturally and linguistically diverse backgrounds. Willingness to travel throughout New South Wales to conduct proceedings. Preparedness to sign a member Code of Conduct and maintain the Tribunal’s independence and reputation. Maintain personal independence and integrity and promote the highest standard of behaviour.
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