GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 72 Special medical research or experimental health care

GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 72

72 Special medical research or experimental health care

(1) The tribunal may consent, for an adult with impaired capacity for the special health matter concerned, to the adult’s participation in special medical research or experimental health care relating to a condition the adult has or to which the adult has a significant risk of being exposed only if the tribunal is satisfied about the following matters—

(a) the special medical research or experimental health care is approved by an ethics committee;

(b) the risk and inconvenience to the adult and the adult’s quality of life is small;

(c) the special medical research or experimental health care may result in significant benefit to the adult;

(d) the potential benefit can not be achieved in another way.

Note—

"Special medical research or experimental health care" does not include—

(a) psychological research; or

(b) approved clinical research—see schedule 2 , section 12 (2) .

(2) The tribunal may consent, for an adult with impaired capacity for the matter, to the adult’s participation in special medical research or experimental health care intended to gain knowledge that can be used in the diagnosis, maintenance or treatment of a condition the adult has or has had only if the tribunal is satisfied about the following matters—

(a) the special medical research or experimental health care is approved by an ethics committee;

(b) the risk and inconvenience to the adult and the adult’s quality of life is small;

(c) the special medical research or experimental health care may result in significant benefit to the adult or other persons with the condition;

(d) the special medical research or experimental health care can not reasonably be carried out without a person who has or has had the condition taking part;

(e) the special medical research or experimental health care will not unduly interfere with the adult’s privacy.

(3) The tribunal may not consent to the adult’s participation in special medical research or experimental health care if—

(a) the adult objects to the special medical research or experimental health care; or

Note—

Section 67 , which effectively enables an adult’s objection to be overridden in some cases, does not apply.

(b) the adult, in an enduring document, indicated unwillingness to participate in the special medical research or experimental health care.