Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 42W

Person responsible may seek advice

42W. Person responsible may seek advice



(1) The person responsible for a patient may apply to the Tribunal for
directions or an advisory opinion on any matter or question relating to the
scope or exercise of his or her authority to consent to a medical research
procedure on behalf of the patient.

(2) The Tribunal must give notice to any person whom the Tribunal considers
has a special interest in the affairs of the patient of the application, of
the hearing of the application and of any order, directions or advisory
opinion of the Tribunal in respect of the application.

(3) The Tribunal may-

   (a)  give any directions or advisory opinion it considers necessary;

   (b)  make any order it considers necessary.

(4) The Tribunal of its own motion may direct, or give an advisory opinion to,
the person responsible for a patient in respect of any matter.





(5) An action does not lie against the person responsible for a patient on
account of an act or thing done or omitted to be done by that person in
accordance with any order, directions or advisory opinion of the Tribunal made
or given under this section unless in representing the facts to the Tribunal
that person has been guilty of fraud, wilful concealment or misrepresentation.