OZQ [2020] NSWCATGD 40

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: OZQ [2020] NSWCATGD 40 Hearing dates: 11 December 2020 Date of orders: 11 December 2020 Decision date: 11 December 2020 Jurisdiction: Guardianship Division Before: S G McCarthy, Senior Member (Legal) Dr G Jamieson, Senior Member (Professional) A D Wannan, General Member (Community) Decision: The application for guardianship is dismissed after hearing. Catchwords: GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – subject person has dementia and cognitive deficits – subject person is immobile - use of bed rails in aged care – whether use of bed rails constitutes "physical restraint" – Pt 4A of the Quality of Care Principles 2014 (Cth) - bed rails used to prevent subject person from falling out of bed and suffering injury – subject person at higher risk of infection and delirium – use of bed rails does not restrict subject person's movement as subject person is immobile – use of bed rails not a "restrictive practice" – no need for a guardianship order – application dismissed. Legislation Cited: Aged Care Act 1997 (Cth) Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2) Quality of Care Principles 2014 (Cth), Pt 4A, Sch 2, ss 4, 15F, 15G Cases Cited: IF v IG [2004] NSWADTAP 3 JFL [2020] NSWCATGD 32 SZH [2020] NSWCATGD 28 VZM [2020] NSWCATGD 25 Texts Cited: Aged Care Quality and Safety Commission, Regulatory Bulletin, Regulation of Physical and Chemical Restraint, Issue No. 2019-8.1 (11 December 2019) Category: Principal judgment Parties: 001: Guardianship Application