Guardianship and Administration Act 1995

Subject to subsection (2), this Part applies to a person who – is of or over the age of 18 years; and has impaired decision-making ability in respect of decisions relating to the conduct of health and medical research in relation to that person; and is incapable of indicating whether or not they consent or refuse to consent to the conduct of health and medical research in relation to that person – whether or not that person is a represented person.

For the purposes of subsection (1), a person is incapable of giving consent to the conduct of health and medical research in relation to that person if the person is – incapable of understanding the general nature and effect of the conduct of the proposed health and medical research in relation to that person; or incapable of indicating whether or not the person consents or does not consent to the conduct of health and medical research in relation to that person.