The NSW Deputy Premier and Education Minister has referred the decisions and advice from the Education Department not to make the LifeVac device available to the NSW Ombudsman for investigation. It is clear from our investigations and the information we have received from SafeWork NSW and NSW Health, that the advice of the NSW DoE was deliberately false and misleading and is:

1. Not consistent with WHS legislation (and in particular the First Aid Code of Practice) and would never be the advice provided by SafeWork i.e. that any medical device must be specifically mentioned in the Code to be used. However, the NSW Ed Department didn't ever consult with SafeWork and just interpreted the legislation to fit their agenda. 
2. A breach of the WHS Act in not consulting with the affected staff before deciding not to act to mitigate future risk,
3. Not formal NSW Health advice, that regardless cannot supersede the determination of the Department of Health and Aging (TGA).
4. False in its claim that there is any restriction or protection relating to the necessity for inclusion in the ARC guidelines.
5. Contrary to their own training practices in demanding every teacher would need practical training in using the LifeVac,  where unaccredited online emergency courses (without practical training) are considered a proxy for accredited training currently in schools and no additional training is required by the TGA for using the LifeVac.

It is hoped that this direct referral from the Minister to the NSW Ombudsman will result in a thorough investigation of the "rubbish" advice provided by the NSW Department of Education, on behalf of the Minister to the Orange Council, the family of Decklan and LifeVac Australia. These NSW Ed Department "experts" were the same ones that prevented a teacher from using an EpiPen (intended for another student) on a student suffering severe anaphylaxis in front of them i.e. it was their advice that it was better to follow policy than save a life.