What a guardianship order is
A guardianship order is made by a tribunal under state or territory law. It appoints a guardian to make particular decisions for an adult who cannot make them, even with support. Orders usually cover personal matters, such as where the person lives, what services they use and what health care they receive.
A guardian can only make the decisions named in the order, and orders are reviewed. Money and property are a separate matter, handled by a financial administrator or manager under a different order.
Which tribunal makes guardianship orders
- New South Wales: NCAT, Guardianship Division
- Victoria: VCAT
- Queensland: QCAT
- Western Australia: the State Administrative Tribunal
- South Australia: SACAT
- Tasmania: TASCAT
- Australian Capital Territory: ACAT
- Northern Territory: NTCAT
Private guardians and public guardians
A tribunal usually prefers to appoint a family member or friend who knows the person well and will act in their interests. This is often called a private guardian.
If no suitable person is available, or there is serious conflict, the tribunal can appoint the Public Guardian or Public Advocate for that state or territory as guardian of last resort.
What happens at 18 in the NDIS
For a child participant, a parent usually acts as child representative. That role ends automatically on the participant's 18th birthday, and the NDIA contacts the family beforehand.
From then, the young person is presumed able to make their own decisions. Many do so with support from family, friends or an advocate. If they cannot make NDIS decisions even with help, the NDIA can appoint a nominee, often a parent. That is an NDIS appointment and does not need a tribunal.
Guardian vs NDIS nominee
A guardian does not automatically make decisions about a person's NDIS plan or funding. That needs a nominee appointment by the NDIA. When the NDIA appoints a nominee, the NDIS Act says it must have regard to whether the participant has a guardian or another court or tribunal appointed decision maker whose responsibilities are relevant.
One NDIS right does follow the guardian directly. Since 27 August 2026, only the participant, their nominee or their guardian can request an unscheduled reassessment of the plan.
Try less restrictive options first
Guardianship removes some of a person's legal rights, so tribunals look at whether decisions can be made another way. Options to consider first:
- Supported decision making, where trusted people help the person understand choices and decide for themselves
- An NDIS nominee for NDIS matters, or a correspondence nominee for paperwork only
- An enduring guardian or enduring power of attorney, which an adult with capacity can appoint themselves
- Informal arrangements with services that already work, backed by clear consent and good communication
- A free independent advocate to help the person speak up
When guardianship may be needed
An application may be appropriate when an important decision must be made, the person cannot make it even with support, and there is real disagreement or risk. Examples include a dispute about where someone will live, a person at risk of abuse or exploitation, or a major health decision with no one able to consent.
Anyone with a genuine concern can usually apply to the tribunal. Contact your state's Public Guardian or Public Advocate for free information before you apply.