GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 3AA
GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 3AA
3AA . Term used: medical research
(1) For the purposes
of this Act, medical research —
(a)
means research conducted with or about individuals, or their data or tissue,
in the field of medicine or health; and
(b)
includes an activity undertaken for the purposes of that research.
(2) Without limiting
subsection (1), medical research includes the following —
(a) the
administration of pharmaceuticals or placebos;
(b) the
use of equipment or a device;
(c)
providing health care that has not yet gained the support of a substantial
number of practitioners in that field of health care;
(d)
providing health care to which paragraph (c) does not apply to carry out a
comparative assessment referred to in paragraph (e);
(e)
carrying out a comparative assessment of the health care provided under
paragraphs (c) and (d);
(f)
taking samples from an individual, including —
(i)
a blood sample; or
(ii)
a sample of tissue or fluid from the body, including the
mouth, throat, nasal cavity, eyes or ears;
(g) any
non-intrusive examination, including —
(i)
a visual examination of the mouth, throat, nasal cavity,
eyes or ears; or
(ii)
the measuring of an individual’s height, weight or
vision;
(h)
observing an individual;
(i)
undertaking a survey, interview or focus group;
(j)
collecting, using or disclosing information, including personal information;
(k)
considering or evaluating samples or information taken under an activity
listed in this subsection;
(l) any
other activity prescribed by the regulations to be medical research.
(3) Despite
subsections (1) and (2), medical research does not include —
(a)
research conducted about individuals, or their data or tissue, in the field of
medicine or health that —
(i)
only involves analysing data about the individuals; and
(ii)
does not result in the disclosure or publication of
personal information;
and
(b) any
other activity prescribed by the regulations not to be medical research.
[Section 3AA inserted: No. 14 of 2020 s. 5.]