Office of the Protective Commissioner

What is the function of the Protective Commissioner?

The Protective Commissioner is an independent public official legally appointed to protect and administer the financial affairs and property of people unable to make financial decisions for themselves and where there is no other person suitable or able to assist.

When was the Office of Protective Commissioner established?

Established in 1985 in its present form under the Protected Estates Act, 1983 (NSW), the Office of the Protective Commissioner forms part of the Human Rights Program of the NSW Attorney General's Department with links to the Supreme Court of New South Wales. Currently, the financial affairs of nearly 9,000 people are managed and more than 1,600 private financial managers are supervised.

Who is the Protective Commissioner?

The Acting Protective Commissioner and Public Guardian is Mr Ken Gabb.

Where do the Powers of the Protective Commissioner come from?

• Protected Estates Act 1983;
• Supreme Court Act 1970 and Supreme Court Rules;
• Inherent jurisdiction of the Supreme Court of New South Wales.

How the Protective Commissioner makes financial decisions for people.

The fundamental philosophy of the Office of the Protective Commissioner when making financial decisions is to consider the overall best interests of the person, having regard to all aspects of their life, especially to their immediate and long term needs, available assets, previous lifestyle and family commitments. When making financial dedicions on behalf of someone, their views are carefully considered, as are the views of their family and other people important in their life.

Services provided by the Protective Commissioner.

A range of legal, technical, financial, specialist disability and other services are provided by the Office of the Protective Commissioner, such as: -

• Protecting assets and legal rights;
• Facilitating the buying and selling of a home;
• Organising an adequate cash flow to pay bills;
• Liaising with financial and legal institutions;
• Managing a business;
• Making investments; and
• Monitoring quality of life of clients.

How the Offices of the Protective Commisioner and Public Guardian work together.

The Office of the Protective Commissioner and Office of the Public Guardian work in tandem to promote and protect the human rights of people with disabilities. The Office of the Protective Commissioner focuses on managing the financial and property interests of its clients, while the Office of the Public Guardian makes decisions about personal and lifestyle issues for its clients.

Both agencies are located in the same building, but they remain independent with separate staff and operate under different legislation. One person holds both positions of Protective Commissioner and Public Guardian.

You can contact the Office of the Protective Commissioner in person at: -

Level 15
Piccadilly Tower
133 Castlereagh Street
Sydney NSW 2000

or

Customer Service Centre
51 Druitt Street
Sydney NSW 2000

Or by writing to: -

Office of the Protective Commissioner
P.O. Box A235
Sydney South NSW 1232
DX 1335 Sydney

Telephone:

Ph: (02) 9265 3131
Outside Sydney: 1300 360 466
Fax: (02) 9261 4305
TTY: 1800 882 889

Web site:

Email:

Introduction
Obtaining a Copy of the Will
Accommodation in a Retirement Village
The Role of ACAT
Medical Records
Guardianship Tribunal
Ageing & Disability Department
Case Studies
World Wide Web Resources
Elder Abuse