Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 42P

Introduction and outline of Division

42P. Introduction and outline of Division



(1) This Division contains provisions for the carrying out of a medical
research procedure on a patient.

Note See section 36 for the definition of patient.

(2) In essence, this Division provides a 4 step process for authorising the
carrying out of a medical research procedure on a patient, as follows-

   (a)  step 1 is to determine whether the relevant research project is
        approved by the relevant human research ethics committee-see section
        42Q;

   (b)  step 2 is to determine whether the patient is likely to recover the
        capacity to consent to the procedure within a reasonable time-see
        section 42R;

   (c)  step 3 is to seek the consent of the person responsible for the
        patient, which only applies where allowed by section 42R-see section
        42S;

   (d)  step 4 is procedural authorisation, which only applies where allowed
        by section 42R and the person responsible cannot be ascertained or
        contacted-see section 42T.

(3) Steps 2, 3 and 4 referred to in subsection (2) do not apply to the
carrying out of a medical research procedure under section 42A.

Note Section 42A provides for the carrying out of a medical research procedure
without consent in emergency situations.

(4) This Division also provides that-

   (a)  the Tribunal has jurisdiction in various circumstances-see sections
        42V, 42W and 42X;

   (b)  offences may be committed by registered practitioners who fail to
        comply with the Division-see section 42Y;

   (c)  registered practitioners who comply with the Division are protected
        from civil and criminal liability-see section 42Z.

(5) This Division is subject to section 41, which prohibits the carrying out
of medical treatment if a refusal of that treatment is in force under the
Medical Treatment Act 1988.