CKH [2021] NSWCATGD 18

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CKH [2021] NSWCATGD 18 Hearing dates: 16 July 2021 Date of orders: 16 July 2021 Decision date: 16 July 2021 Jurisdiction: Guardianship Division Before: R H Booby, Senior Member (Legal) Dr G Jamieson, Senior Member (Professional) Dr M Spencer, General Member (Community) Decision: 1. A guardianship order is made for CKH. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 16 July 2021. 4. This is a limited guardianship order giving the guardian(s) custody of CKH to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where CKH may reside. b) Health care To decide what health care CKH may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where CKH is not capable of giving a valid consent. d) Restrictive Practices To give or withhold consent as to whether the following restrictive practices should be used to influence CKH's behaviour: Chemical restraint CONDITIONS: 6. The conditions of this order are: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring CKH to an understanding of the issues and to obtain and consider his views before making significant decisions. b) Restrictive Practices Condition The guardian(s) may only consent to the use of the types of restrictive practices permitted under this order to influence CKH's behaviour: (i) as a last resort to prevent CKH harming himself or others; and (ii) in accordance with a care and support plan that incorporates: a) the behaviours that are being addressed by the restraints; b) the reasons why the restraints are necessary; c) non-pharmacological strategies in place; d) provision for review, including by appropriate medical specialist. Catchwords: GUARDIANSHIP – application for a guardianship order – use of restraint in aged care – Quality of Care Principles 2014 (Cth) – restrictive practices substitute decision maker – risperidone to manage behaviour – chemical restraint – requirements of care and support plan – conditions on restrictive practices function – language barriers in aged care facility – Public Guardian appointed Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2) Quality of Care Principles 2014 (Cth), ss 4, 15FA(1)(f)(ii) Cases Cited: IF v IG [2004] NSWADTAP 3 P v NSW Trustee and Guardian [2015] NSWSC 579 Texts Cited: None cited. Category: Principal judgment Parties: 004: Guardianship Application