Role of the Private Management Branch for Private Managers of Clients
NSWTG undertakes this role subject to NSW Trustee and Guardian Act 2009.
In doing this NSWTG has two clients — the Private Manager and the person with a disability whose affairs have been placed under management.
The authorisation and direction of Private Managers obligations and duties is achieved through a number of ways. This role is based on the fundamental requirement that those appointed as Private Managers understand the role of a Manager, and can undertake the obligations and duties of a manager without further significant assistance.
The following actions will be taken in implementing major functions of NSWTG in this role:
- Issuing ‘Directions and Authorities’ to provide the Private Manager with appropriate powers to administer the financial affairs. These are tailored to suit the individual circumstances of the person with a disability as they change over time.
- Determining and setting security to protect the person's interests.
- Determining the format of annual accounts, taking into consideration the complexity of the financial affairs and examining those accounts to ensure the proper performance of the Manager's duties.
- Seeking a report from an Authorised Visitor or other professionals about the person's needs.
- Releasing funds held or secured by NSWTG to meet the needs of the person with a disability.
- Authorising the implementation of investments and the purchase and/or sale of assets.
- Providing information about the role and responsibilities of Private Manager including issuing a handbook outlining the general issues to consider when making a substitute decision.
- Monitoring the Manager's activities to ensure duties are performed appropriately and within the Authorities, that major deadlines are met and key activities completed.
- Taking action to have a Manager replaced if they do not comply with the directions of NSWTG.
It is not the role of NSWTG to interfere with the decision making of the Private Manager unless the process used is outside the powers provided to the Manager, is significantly flawed or the decision made is clearly contrary to the interests of the person with a disability.
NSW Trustee and Guardian focuses on the reviewing the Private Manager's performance against the Directions and Authorities provided and the functions of a Private Manager as outlined in the NSW Trustee and Guardian Act 2009.
Other than providing a general guide to good processes to be followed, it is inappropriate for NSWTG to provide step by step support or guidance to Private Managers in the performance of their duties particularly in relation to any decision making function.