NYQ [2021] NSWCATGD 20

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NYQ [2021] NSWCATGD 20 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: The application for guardianship is dismissed after hearing. Catchwords: GUARDIANSHIP – application for a guardianship order – proposed use of restraint in aged care – environmental restraint – family concerns over safety in aged care facility – family proposal for placement in secure facility wing – no care plan or professional recommendation for placement in secure wing – other decisions can be made informally – application dismissed Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2) 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: 001: Guardianship Application

NYQ (the person) TBO (applicant) Public Guardian QZQ (spouse) Representation: Nil. File Number(s): NCAT 2021/00090215 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.