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This topic covers
- Missing persons
- Reporting a missing person
- Dealing with a missing persons propertyÂ
- Support for family and friends of missing persons
If you have immediate concerns for the safety of a missing person, you should contact the police.
| Time limit | Action |
|---|---|
| No time limit | To report a person missing. |
| 90 days | A person must be missing before the Supreme Court can declare them a missing person and make orders about their estate (property). |
Organisation
| Organisation | Responsibilities |
|---|---|
| NSW Civil and Administrative Review Tribunal (NCAT) | Can make orders in some circumstances about the management of a missing persons property. |
| NSW Trustee and Guardian | Can administer the estates of missing persons if appointed by the Supreme Court. |
| Supreme Court of NSW | Hears applications:
|
Legislation
| Authority | Covers |
|---|---|
| NSW Trustee and Guardian Act 2009 (NSW) | Outlines the law in relation to when a person can be declared missing and how a financial manager is appointed to look after the missing persons property. |
Com​mo​​n term | Defin​ition |
|---|---|
| Estate | All the property and debts of a person who is no longer able to look after it themselves. |
Financial manager | Someone who is appointed to manage the estate of the missing person. This can be a person, group of people or the NSW Trustee and Guardian. |
| Financial management order | An order that allows for the estate of a missing person (property) to be managed while the person is missing. |
Missing person | Police consider a person missing if they cannot be located and there are fears for their safety or concerns for their welfare. The Supreme Court can declare a person missing if:
|
Managed missing person | A person who the Supreme Court made orders about the management of their estate (property) by another person. |
| NSW Trustee and Guardian | AÂ Â NSW government agency that can be appointed to manage the property of a missing person. |
| Private financial manager | A family member, friend or a group of people who are appointed to manage the estate of a missing person. |
| Organisation | Fees |
|---|---|
| Supreme Court of NSW | You may have to pay a fee to make an application to the Supreme Court for person to be declared missing and orders to be made about the management of their estate. Fees may be waived in some circumstances. |
| Organisation | Forms |
|---|---|
| Supreme Court of NSW | You need to file a Summons in the Protective List of the Supreme Court of NSW for a person to be declared missing and for a person to be appointed to manage their affairs. For a copy of the form, see Civil Forms on the Uniform Civil Procedure Rules (UCPR) website. |
| Victims Services | Families and Friends of Missing Persons Service - Consent for exchange of information |
| Type | Costs |
|---|---|
| Legal costs | You have to pay your own legal costs if you get a private lawyer to represent you in court or tribunal proceedings. |
More services
More resources
- Australian Federal Police: National Missing Persons Coordination Centre
- NSW Police Force: Missing Persons
- NSW Police Force Missing Persons: Enquiry
- NSW Trustee and Guardian: Information for private financial managers
- Red Cross: Find my Family: Restoring Family Links
- Victims Services: FFMPS - A fact sheet for families and friends of missing persons
- Victims Services: In the Loop: Young people talking about Missing
- Victims Services: FFMPS - Is one of your mob missing?
- Victims Services: FFMPS - Taking care of yourself when someone is missing
Last updated: December 2024