Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 42R

Step 2-Is patient likely to recover within a reasonable time?

42R. Step 2-Is patient likely to recover within a reasonable time?



(1) Step 2 is to determine whether the patient is likely to be capable, within
a reasonable time, of giving consent to the carrying out of a medical research
procedure.

(2) The reasonable time is the time by which, given the nature of the relevant
research project, the procedure would need to be performed on the patient,
having regard to-

   (a)  the medical or physical condition of the patient; or

   (b)  the stage of treatment or care; or

   (c)  other circumstances specific to the patient.

(3) If a patient is likely to be capable, within a reasonable time as
determined in accordance with subsection (2), of giving consent to the
carrying out of a medical research procedure, a registered practitioner must
not carry out, or supervise the carrying out of, the procedure under the
authority of a consent under section 42S or procedural authorisation under
section 42T.

(4) If a patient is not likely to be capable, within a reasonable time as
determined in accordance with subsection (2), of giving consent to the
carrying out of a medical research procedure, a registered practitioner may
carry out, or supervise the carrying out of, the procedure under the authority
of a consent under section 42S or procedural authorisation under section 42T.

(5) Before, or as soon as practicable after, carrying out, or supervising the
carrying out of, the medical research procedure, the registered practitioner
must state his or her belief that, at the time of the procedure, the patient
is or was not likely to be capable of giving consent within a reasonable time
and the reason for that belief in writing in the patient's clinical records.

Note This section does not apply to a medical research procedure under section
42A-see section 42P(3).