Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 36

Persons to whom Part applies

36. Persons to whom Part applies







(1) In this Part, patient means a person with a disability who-

   (a)  is of or over the age of 18 years; and

   (b)  is incapable of giving consent, within the meaning of subsection (2),
        to the carrying out of a special procedure, a medical research
        procedure or medical or dental treatment, whether or not the person is
        a represented person.

(2) For the purposes of paragraph (b) of the definition of patient in
subsection (1), a person is incapable of giving consent to the carrying out of
a special procedure, a medical research procedure or medical or dental
treatment if the person-

   (a)  is incapable of understanding the general nature and effect of the
        proposed procedure or treatment; or

   (b)  is incapable of indicating whether or not he or she consents or does
        not consent to the carrying out of the proposed procedure or
        treatment.