Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 42U

Best interests

42U. Best interests



(1) In this Division, for the purposes of determining whether a medical
research procedure would or would not be contrary to the best interests of a
patient, the following matters must be taken into account-

   (a)  the wishes of the patient, so far as they can be ascertained; and

   (b)  the wishes of any nearest relative or any other family members of the
        patient; and

   (c)  the nature and degree of any benefits, discomforts and risks for the
        patient in having or not having the procedure; and

   (d)  any other consequences to the patient if the procedure is or is not
        carried out; and

   (e)  any other prescribed matters.





(2) For the purposes of subsection (1)(b), if the patient-

   (a)  is likely to be capable of giving consent to the carrying out of a
        medical research procedure, but not within a reasonable time as
        determined in accordance with section 42R(2); and

   (b)  objects to-

   (i)  a relative referred to in paragraphs (a) to (g) of the definition of
        nearest relative in section 3(1); or

   (ii) another family member (other than the patient's spouse or domestic
        partner)- being involved in decisions concerning the patient that
        would include a medical research procedure being carried out on the
        patient- that relative or family member is taken not to be the
        nearest relative or a family member of the patient.