OZS [2021] NSWCATGD 1

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: OZS [2021] NSWCATGD 1 Hearing dates: 12 January 2021 Date of orders: 12 January 2021 Decision date: 12 January 2021 Jurisdiction: Guardianship Division Before: J Moir, Senior Member (Legal) Dr S Williams, Senior Member (Professional) L Stewart, General Member (Community) Decision: The application for a guardianship order is dismissed after hearing. Catchwords: GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – subject person paralysed on her right side due to stroke - use of bed rails in aged care – whether use of bed rails constitutes "physical restraint" – Quality of Care Principles 2014 (Cth) - bed rails used to prevent subject person from falling out of bed – subject person at high risk of injury should she fall out of bed – bed rails not used to control behaviour – use of bed rails not a "physical restraint" - no need for a guardian to be appointed – 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), ss 4, 15F, 15G Cases Cited: IF v IG [2004] NSWADTAP 3 JFL [2020] NSW CAT GD 36 SZH [2020] NSWCATGD 28 VZM [2020] NSWCAT GD 25 Texts Cited: Nil Category: Principal judgment Parties: 003: Guardianship Application

OZS (the person) CAS (applicant) GYN (joined party) Public Guardian Representation: Nil File Number(s): NCAT 2019/00166167 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings: Civil and Administrative Tribunal Act 2013 (NSW), s 65.