Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 42S

Step 3-Consent of person responsible

42S. Step 3-Consent of person responsible



(1) Step 3 is to seek the consent of the person responsible for the patient to
the carrying out of the medical research procedure on the patient.

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

(2) The person responsible may consent to the carrying out of a medical
research procedure on the patient.





(3) The person responsible may only consent to the carrying out of the
procedure if he or she believes that the carrying out of the procedure would
not be contrary to the best interests of the patient.

(4) The consent must be consistent with the requirements for consent, if any,
specified in the relevant human research ethics committee approval for the
relevant research project or the conditions of that approval.