IKJ [2021] NSWCATGD 27

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: IKJ [2021] NSWCATGD 27 Hearing dates: 10 August 2021 Date of orders: 10 August 2021 Decision date: 10 August 2021 Jurisdiction: Guardianship Division Before: K A McMahon, Senior Member (Legal) Dr I L Beale, Senior Member (Professional) Dr M A Smith OAM, General Member (Community) Decision: 1. A guardianship order is made for IKJ. 2. UAS [Address removed for publication.] is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 10 August 2021. 4. This is a limited guardianship order giving the guardian(s) custody of IKJ to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where IKJ may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take IKJ to a place approved by the guardian; ii) keep him at that place; iii) return him to that place should he leave it. c) Restrictive Practices To give or withhold consent as to whether the following restrictive practices should be used to influence IKJ's behaviour: 1. Chemical restraint 2. Environmental 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 IKJ to an understanding of the issues and to obtain and consider his views before making significant decision. 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 IKJ's behaviour: (i) as a last resort to prevent IKJ harming himself or others; and (ii) in accordance with a care and services that incorporates: a) the behaviours that are relevant to the need for the restraint; b) reasons why the restraint is necessary; c) the alternatives to restraint that have been used (if any); and d) provision for review, including by an appropriate medical specialist/s Catchwords: GUARDIANSHIP – application for a guardianship order – subject person has dementia – subject person an in-patient in a public hospital – need to move into residential aged care – subject person at risk of absconding – need for others to bring accommodation decisions into effect – use of restraint in aged care – Quality of Care Principles 2014 (Cth) – Risperidone to manage behaviour – chemical restraint – environmental restraint – conditions on restrictive practices function – suitability of proposed guardian – private guardian appointed – order made. Legislation Cited: Aged Care Act 1997 (Cth) Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 4(a), 14, 14(2), 15(3), 17(1) Quality of Care Principles 2014 (Cth) Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep) HZC [2019] NSWCATGD 8 IF v IG [2004] NSWADTAP 3 JFL [2020] NSWCATGD 32 P v D1 & Ors [2011] NSWSC 257 Re B [2011] NSWSC 1075 VZM [2020] NSWCATGD 25 Texts Cited: None cited. Category: Principal judgment Parties: 001: Guardianship Application