Legal authority and state tribunal information

You can apply to the Queensland Civil and Administrative Tribunal (QCAT) for the appointment of an administrator to manage the affairs of a missing person. This is usually considered after the person has been missing for 90 days or more.

Application for appointment of an administrator for a missing person

In NSW, an application can be made to the Supreme Court under Section 54 of the Trustee and Guardian Act 2009 (NSW) after a person has been missing for at least 90 days. This is a formal court process where you can seek authority to manage their property and finances.

The ACT Civil and Administrative Tribunal (ACAT) handles applications for the appointment of a manager to take care of the property of a missing person. You will need to complete an application form for this process.

Application for Appointment of Manager for a Missing Person’s Property form to ACAT.  

A person must be missing for at least 90 days before the Tribunal can appoint a manager.

You can apply to the Victorian Civil and Administrative Tribunal (VCAT) for an administrator to be appointed to manage the affairs of a missing person, after the person has been missing for at least 90 days. VCAT provides clear guidance and application forms online.

Appointment of administrator for a missing person

In South Australia, the Supreme Court may appoint an administrator under Section 48A of the Guardianship and Administration Act 1993 (SA) if the person has been missing for at least 90 days and reasonable efforts to locate them have been made. Eligible applicants include spouses, relatives, the Public Trustee, or others with an interest in the estate.

Applying for an administration order SACAT

In Western Australia there is no separate legal process for managing the affairs of a missing person. However, the State Administrative Tribunal (SAT WA) is responsible for applications for guardianship and administration, which can give someone authority over financial and legal matters where a person is unable to manage them.

The Tasmanian Civil and Administrative Tribunal (TASCAT) deals with guardianship and administration applications. While specific procedures for missing persons are not published, TASCAT is the place to start for managing affairs.

The Northern Territory Civil and Administrative Tribunal (NTCAT) handles guardianship and administration matters. Families seeking to manage the affairs of a missing person should contact NTCAT or legal advisers for guidance on the process.

If you require support, The Missed Foundation may be able to arrange pro bono legal assistance – contact us.