Missing persons - Frequently Asked Questions

What is a missing person?

Police consider a person missing when they cannot be found and there are concerns about their safety and welfare. 

Police continue to consider a person missing until they have been physically seen by an authorised person. An authorised person can be a:

• NSW police officer
• customs officer
• doctor
• school principal
• Family and Community Services officer.

When can I report a person missing?

If you have concerns about someone’s safety, you should contact the police as soon as possible, especially if you think they are in danger. You don’t have to wait 24 hours before reporting a person missing. 

You don’t need to be a family member to report a person missing. Anyone can make a report to police. People of any age can be reported as missing.

How can I report a missing person?

If you have concerns for the safety or welfare of a person who is missing, you should contact your nearest police station to make a report. This includes Australian citizens who are missing overseas. You don't have to report the person to the police station nearest to where they went missing or usually live.

If you are unable to get to a police station, you should call your nearest police station for advice. You can't report a person missing by email or over the phone.

For more information, see:

• the Factsheet Making a Missing Person’s Report: What you need to know on the NSW Police Force website.
• How to report a Missing Person on the National Missing Persons Coordination Centre Australian Federal Police website.
• Someone is missing overseas on the Department of Foreign Affairs and Trade website.

What can I do to help?

If you would like to know how you can help the investigation you can speak with the Officer in Charge. Police could ask friends and family of a missing person to help with the investigation by providing information about the person. This could include:

• searching the area they last saw the missing person
• checking phones and emails for messages 
• looking for any notes or clues that may have been left
• checking places the missing person often goes
• speaking with other friends or family that might have had contact with the missing person
• keeping anything that could be used as evidence and could help police find the missing person.

What will police do to find a missing person?

The NSW Police Missing Persons Registry (MPR) oversees all cases of missing persons in NSW. MPR does not usually investigate missing persons, this is usually done by police in the field. MPR reviews each missing person’s report and supports investigating police. 

Police may ask the next of kin to sign an ‘Authority for Publicity’ form to allow a photo of the missing person and relevant details to be published in social media and news outlets. 

You should speak to the Officer in Charge if you want to know what police will do to search, if you have questions or concerns about media, or if you wish to add a missing person’s details to the NSW Police Force Missing Persons Enquiry System or Australian Public Register (for Australians missing more than three months). 

What should I do if I am reported missing?

It is not a criminal offence to go missing, but you should consider letting police and/or your friends and family know you are safe. 

To be removed from a Police Force missing persons register, and for police to stop searching, you will need to contact your local police, so they can verify your identity. Police, or an authorised person (such as a customs officer, doctor, school principal or Family and Community Services officer), can sight that you are safe and well. 

If you contact the police, you don't need to return home or make contact with your family. If you are over 18 years old and not in danger, you can keep your location and contact information private. Police won’t disclose your personal information without your permission. In such circumstances, the person who reported you missing may only be advised that you are safe and well. If you are under 18 years of age, your whereabouts will not be disclosed if it will endanger you. Police priority is to ensure your safety and wellbeing before the release of any information. 

For more information talk to your local police who can help you and provide guidance depending on your situation.

How can I check if someone is a missing person?

To find out if someone is listed as a missing person in NSW, you can:

• check the NSW Police Force Missing Persons Enquiry System (their information will only be available if an 'authority for publicity' has been provided)
• check the National Missing Persons Coordinate Centre (NMPCC) Public Register (a national database of people missing for more than three months)
• contact the NSW Police Missing Persons Registry. You can do this by:
  • calling 1800 025 091
  • email to missingpersons@police.nsw.gov.au. 

Due to privacy laws, police usually only give information about a missing person to their nearest relative.

For information about a missing person from another State or Territory, contact the Missing Persons Unit from that State or Territory.

How can I get updates from police about a missing person I know?

To get updates from police about a missing person, you should speak to the police officer in charge. You should ask about the best way for you to receive information about the case. 

What happens to a missing person’s property?

When a person is missing there can be difficulties in managing the missing person’s financial and property affairs. For example, the person may have a rental lease on a property or have bills that need to be paid.

An application can be made to the Supreme Court for an order that the person is declared missing. Once this order has been made, the Court can appoint someone who can manage the person’s estate. This can either be the NSW Trustee and Guardian or another person, for example a relative of the missing person. 

When the court makes an order for a missing persons estate to be managed by someone else, the missing person can be referred to as a managed missing person. 

Do I need a court order to manage a missing persons affairs?

This will depend on what affairs you are trying to manage. Some agencies will assist families with informal arrangements to assist the missing person. Some organisations have a missing persons policy which will describe how they can work with families. However, some agencies will not allow you to make decisions about the missing persons affairs without a court order. You should ask the particular agency what they need in order to allow you to make decisions for the missing person.

If you already have an Enduring Power of Attorney which allowed you to make decisions about the persons affairs before they went missing, you can use this to continue managing their affairs.

How can I apply to have a person declared missing?

You must make this application in the Supreme Court. The Supreme Court has different divisions, and this type of matter should be filed in the Protective List in the Equity Division of the Supreme Court. The work of Protective List is to make sure that the affairs of people deemed incapable of looking after their property, or themselves, are properly managed.

You can get a lawyer to represent you or you can represent yourself in the application. 

You will need to prepare a Summons (papers starting the court case) and may need to provide material to support your application, like an Affidavit. You can get copies of these forms on the Uniform Civil Procedure Rules (UCPR) website. 

If you are representing yourself, you can speak to the Supreme Court Registry about which forms you will need. 

You may have to pay a filing fee. Fees may be waived or postponed in certain circumstances. 

Who can apply to have a person be a declared missing person?

The people who can apply for a person to be declared a missing person and for an order for the management of their estate (property) are:

• the missing persons spouse or de facto 
• a relative of the missing person
• business partner or employee
• the Attorney General
• the NSW Trustee
• any other person who has an interest in the estate of the person.

You should wait until the person has been missing for 90 days before you apply to the Supreme Court. However, you can prepare your application in advance. 

What will the Court consider when deciding whether to declare a person missing?

To declare a person missing, the Supreme Court must be sure that:

• the person is a missing person
• it is not known whether they are alive or not
• all reasonable efforts have been made to locate them
• they usually live in NSW
• people living with them, or relatives or friends with whom the person would likely communicate, have not heard from them for at least 90 days, and
• it is in the best interests of the person to do so.
  

Evidence of “reasonable efforts” may include: 

• police enquiries 
• any media or publicity about missing person and efforts to locate them and 
• confirmation that there has been no contact with family and friends for at least 90 days. 

For a person to be declared missing there must be no evidence of death or deliberate disappearance. 

Who can look after a missing person’s estate (property)?

The Supreme Court can appoint either the NSW Trustee and Guardian or a private financial manager to manage the missing persons estate. A private financial manager could be a family member, friend or a group of people who make decisions together.

How do I become a private financial manager?

There are four steps for becoming a private financial manager:

1. The Supreme Court will make a Financial Management Order, which will appoint you as the financial manager.
   
2. The NSW Trustee and Guardian will provide you with a document called ‘Directions and Authorities.’ This document:
   • proves your authority to access the persons financial details
   • proves your authority to make financial decisions on behalf of the person
   • outlines your powers to receive the missing persons income
   • details the specific financial actions you will manage
   • outlines what you need to report to the NSW Trustee each year.
3. You must complete a private financial managers plan. This outlines the expected income and expenses for the year.
   
4. Let the relevant organisations know that you are the financial manager for the missing person, such as banks, superannuation funds and government departments.

Only people willing to become a financial manager can become one, you can't be appointed if you don’t want to be. 

For more information, see Information for private financial managers on the NSW Trustee and Guardian website. 

What decisions can a financial manager make?

A financial manager (either the NSW Trustee and Guardian or a private financial manager) can make any decisions that the managed missing person could have made if they were not missing. This includes:

• signing any documents in the name of and on behalf of the managed person
• paying off a managed persons debt and repaying expenses
• paying maintenance of the spouse, child or other dependents
• paying proper costs for care, protection, mortgage, leasing, disposal and management of the estate (property)
• preserving and improving the estate
• managing a person’s shares.

The Supreme Court can make orders about how the NSW Trustee and Guardian or other financial manager can manage the estate,  including orders for the payment of the debts from the property and income of a managed person, and maintenance and benefit of the family of the person. 

The NSW Trustee and Guardian, relatives of the missing person, or other interested person can also apply for directions to be made by the Supreme Court. 

If a private financial manager is appointed, they will receive information, including a handbook.

If the NSW Trustee and Guardian is the financial manager, can they charge fees?

Yes, the NSW Trustee and Guardian can charge fees for acting as the financial manager of the missing persons estate.

If I am a private financial manager, can I get paid?

You will need to apply to the Supreme Court for remuneration if you want to be paid for your duties as a private financial manager. 

For more information, see Request private financial manager payment on the NSW Trustee and Guardian website.

I am a family member of a missing person, and the NSW Trustee and Guardian is the financial manager of their estate. Will the NSW Trustee and Guardian take into account my opinions on how to manage the estate?

Usually the NSW Trustee and Guardian will speak with members of the missing persons family when making financial decisions. However, if the NSW Trustee and Guardian thinks this would be inappropriate, they don't have to.  

If you disagree with a financial management decision made by the NSW Trustee and Guardian, you can request a review of the decision. For more information, see Request a review of a financial management order on the NSW Trustee and Guardian website. 

For information about providing feedback and complaints, see Feedback and complaints on the NSW Trustee and Guardian website. 

How can the declaration that someone is a missing person be cancelled?

If the Supreme Court is satisfied that the missing person is still alive, the Court can revoke the declaration that a person is a missing person. The Court can also revoke the order that their estate is managed by someone else and make any other orders that are necessary. 

Either a missing person, or another person, can apply to the Supreme Court to revoke the order.

If the NSW Trustee and Guardian is satisfied that the missing person is still alive, they can end the management of the estate of the protected person. 

When deciding whether a person is still alive, the NSW Trustee and Guardian can take into account information provided by the police. 

Can I get a financial management order if a coroner has made a finding of death for the missing person?

No. Families and friends of missing persons can only manage and protect the estate of the relevant missing person if there is no legal finding of death by a coroner. If a NSW Coroner makes a finding of death, those eligible may apply for a Death Certificate to assist them in managing the estate. 

For more information, see Someone who died in the My problem is about section on our website.

If there is a finding of death and you need to deal with the estate, you should get legal advice.

What happens to a financial management order if there is evidence that the missing person has passed away?

If the Coroner makes a finding of death or if the missing person is located deceased, any financial management orders granted by the Supreme Court to manage a missing person’s financial affairs will end. The property of the missing person will be dealt with as a deceased estate. 

For more information about the coronial process when someone is missing, see:

• Coronial process on the National Missing Persons Coordination Centre AFP website
• Help for missing persons on the Coroners Court NSW website for information about coronial services for families and friends of missing people. 
  

Families and financial managers can:

• advise NSW Trustee and Guardian that the managed person has passed away
• read the section ‘Death of the managed person’ in the Private Manager’s Handbook.
  

If a NSW Coroner makes a finding of death, those eligible may apply for a death certificate with the NSW Registry of Births Deaths & Marriages. For more information, see the factsheet Obtaining a death certificate on the Family and Friends of Missing Persons Unit. 

Families are not legally required to apply for a death certificate but may find that a death certificate is needed to manage their financial affairs. 

If you are an executor or next of kin, you should get legal advice. A lawyer can assist you to obtain a grant of probate or letters of administration. Consider whether you want a lawyer to apply for probate or letters of administration on your behalf, and whether there is enough money in the estate to pay for the legal costs.

For more information about dealing with a deceased estate, see Someone who died in the My problem is about section on our website.

What if the person’s estate or usual place of residence is outside of NSW?

Some States and Territories provide a scheme for the management of financial affairs and property of a missing person. 

For more information, see the Practical Matters, Financial and Estate section on the National Missing Persons Coordination Centre Australian Federal Police website.

My friend/family member is missing. Where can I find support?

It is understandably distressing when a loved one is missing. If you are the family member or friend of a person reported missing to police and you live in NSW or if the person is missing in NSW (NSW Police Force are investigating), you can access free and confidential counselling, support, information, and referrals from:

• the Families and Friends of Missing Persons Unit (FFMPU)
• Victims Services
• NSW Department of Communities and Justice (DCJ).  

FFMPU provides:

• support by phone, face-to-face, or online 
• family support group meetings and events to bring families together
  
• a Facebook page and missing persons' resources to help families understand and navigate missing persons processes and agencies
• information for service providers who work with families of missing people. 

If you have questions about working with police or media, coronial processes, supporting impacted children, self-care, counselling, or if you require referrals to other services, an FFMPU counsellor may be able to assist. 

FFMPU does not search for people but has a close working relationship with the NSW Police Missing Persons Registry. If needed, FFMPU can liaise with other agencies, including Law enforcement, upon request. 

FFMPU Counsellors are trained professionals (social workers and psychologists) who can offer both practical information and emotional support, depending on your needs. If you are unsure how they can help, call 1800 633 063 (Select option 7 from the menu) or email ffmpu@dcj.nsw.gov.au. 

Police said they can’t assist with the search. Are there non-police search agencies who can help?

If police can’t help you with the search, you can contact the Families and Friends of Missing Persons Unit (FFMPU). FFMPU does not search for people but they can provide information, support and counselling. A counsellor may be able to refer you to an appropriate service, depending on your circumstances. 

For a list of organisations and agencies that can help you search, see Search agencies on the FFMPU website.