Share your feedback on a draft NSW Trustee and Guardian Regulation 2026.
The NSW Trustee and Guardian is a government agency that provides a range of services through its offices of the NSW Trustee and the Public Guardian.
The Department of Communities and Justice invites submissions on a proposed Regulation that supports the work of the NSW Trustee and Guardian. The NSW Trustee and Guardian Regulation 2026 provides rules about fees the NSWTG can charge, as well as about other procedural aspects of the NSW Trustee and Guardian’s work. The Regulation does not propose to increase fees, other than continuing the existing mechanism for the fees to increase annually in line with the Consumer Price Index.
The NSW Trustee and Guardian Regulation 2017 is the regulation that supports the NSW Trustee and Guardian Act 2009.
The NSW Trustee can be appointed to act as a financial manager and attorney, or as a trustee, executor and administrator of estates. The NSW Trustee provides information and support to private financial managers, and drafts wills, powers of attorney and enduring guardianship documents.
The Public Guardian can be appointed to make decisions on behalf of a person who does not have the capacity to make decisions for themselves, and functions as a ‘guardian of last resort’.
The Regulation
The NSW Trustee and Guardian Regulation assists the work of this agency through supporting mechanisms, in particular the fees the agency can charge for its services, notice requirements and other administrative elements.
The current Regulation is due to expire on 1 September 2026.
To make sure the NSW Trustee and Guardian can continue to work effectively for the community, the NSW Government proposes to remake the current Regulation – with minor amendments – as the new NSW Trustee and Guardian Regulation 2026 (proposed Regulation).
The proposed Regulation and supporting Regulatory Impact Statement (RIS) have been released for public consultation. The RIS provides an overview of the Regulation and the proposed changes to be made when it is remade, with a rationale for these changes.
Regulations in NSW automatically expire after 5 years under the Subordinate Legislation Act 1989. Before this Regulation can be made, public consultation on the proposed Regulation and Regulation and supporting Regulatory Impact Statement (RIS) must take place.
Tell us what you think
Have your say by uploading a submission below until 11:59pm Wednesday 1 July 2026.
Your feedback will be considered to inform the final NSW Trustee and Guardian Regulation 2026.
Related consultation
The NSW Government is also currently remaking the Guardianship Regulation. You can consider the proposed new Regulation and its Regulatory Impact Statement on the remake of the remake of the Guardianship Regulation consultation page.
