There is no legislative provision in NSW that addresses dispute resolution between substitute decision-makers outside of disputes related to proceedings in the Tribunal. This raises two questions: whether there needs to be such a provision, and which body or agency is best placed to conduct or facilitate any dispute resolution processes. If the decisions of substitute decision-makers are inconsistent, the VLRC has recommended that they seek a resolution either informally or through mediation before seeking the assistance. Unless the parties agree otherwise, the Tribunal’s decision of a guardian would be preferred to that of a financial manager. Under Queensland legislation, a dispute between competing substitute is to be resolved through mediation by the Public Guardian. If the mediation does not resolve the dispute, the parties can apply to the Queensland Civil and Administrative Tribunal for directions. In the Northern Territory, although there is an obligation for multiple substitute decision-makers to make decisions unanimously, if there is a dispute that they cannot resolve by themselves, the NT Tribunal can make orders to facilitate the resolution of their differences. Question 7.3: Resolving disputes between decision-makers (1) How should disputes between decision-makers be resolved? (2) Who should conduct or facilitate any dispute resolution process? (3) What could justify preferring the decision of one substitute decision-maker over another?
There is no legislative provision in NSW that addresses dispute resolution between substitute decision-makers outside of disputes related to proceedings in the Tribunal. This raises two questions: whether there needs to be such a provision, and which body or agency is best placed to conduct or facilitate any dispute resolution processes. If the decisions of substitute decision-makers are inconsistent, the VLRC has recommended that they seek a resolution either informally or through mediation before seeking the Tribunal’s assistance. Unless the parties agree otherwise, the decision of a guardian would be preferred to that of a financial manager. Under Queensland legislation, a dispute between competing substitute is to be resolved through mediation by the Public Guardian. If the mediation does not resolve the dispute, the parties can apply to the Queensland Civil and Administrative Tribunal for directions. In the Northern Territory, although there is an obligation for multiple substitute decision-makers to make decisions unanimously, if there is a dispute that they cannot resolve by themselves, the NT Tribunal can make orders to facilitate the resolution of their differences. Question 7.3: Resolving disputes between decision-makers (1) How should disputes between decision-makers be resolved? (2) Who should conduct or facilitate any dispute resolution process? (3) What could justify preferring the decision of one substitute decision-maker over another?