Guardianship and Administration Act 1990

For the purposes of section 110ZP(4), a person is a substitute decision‑maker for a research candidate if the person is the first in order of the persons listed in subsection (2) who is —

of full legal capacity; and

reasonably available; and

willing to make a research decision in relation to the candidate.

For subsection (1), the persons are the following —

the research candidate’s spouse or de facto partner if that person —

has reached 18 years of age; and

is living with the candidate or maintains a close personal relationship with the candidate;

the person who is first in the following order of priority of relatives of the research candidate who has reached 18 years of age and maintains a close personal relationship with the candidate —

a child;

a parent;

a sibling;

the person who —

has reached 18 years of age; and

is the primary provider of care and support (including emotional support) to the research candidate, but is not remunerated for providing that care and support;

any other person who —

has reached 18 years of age; and

maintains a close personal relationship with the research candidate.

For subsection (2)(a)(ii), (b) and (d)(ii), a person maintains a close personal relationship with a research candidate only if the person —

has frequent contact of a personal (as opposed to a business or professional) nature with the candidate; and

takes a genuine interest in the candidate’s welfare.

For subsection (2)(c)(ii), a person is not remunerated for providing care and support to a research candidate only because the person receives a carer payment or other benefit from the Commonwealth or a State or Territory for providing home care for the candidate.

If there are 2 or more persons who are the substitute decision‑makers for a research candidate under this section —

the persons are jointly the substitute decision‑maker for the candidate; and

if the persons cannot agree on a research decision for the candidate — the person next in order of priority under this section is the substitute decision‑maker for the candidate.