Guardianship and Administration Act 1990

In this section —

to commence or continue any medical research in relation to a research candidate; or

to not commence or to discontinue any medical research in relation to a research candidate.

This section applies if a researcher —

takes research action —

reasonably believing that a research candidate is unable to make reasonable judgments in respect of the research action; and

relying in good faith on what is purportedly a research decision made by the research decision‑maker for the research candidate under section 110ZR;

takes research action —

in circumstances where it is reasonable for the researcher to rely on another researcher having ascertained whether the research action is in accordance with a research decision by the research decision‑maker for the research candidate under section 110ZR; and

reasonably assuming that another researcher has ascertained that the research action is in accordance with a research decision by the research decision‑maker for the research candidate under section 110ZR;

takes research action —

reasonably believing that the research candidate is unable to make reasonable judgments in respect of the research action; and

relying in good faith on what is purportedly an urgent medical research decision made by a researcher;

takes research action —

in circumstances where it is reasonable for the researcher to rely on another researcher having ascertained whether the research action is in accordance with an urgent medical research decision; and

reasonably assuming that another researcher has ascertained that the research action is in accordance with an urgent medical research decision.

However, this section does not apply to the extent that a researcher takes research action inconsistent with —

section 110ZR(4) or (7)(b) or 110ZS(2) or (5); or

section 110ZT; or

a decision made under Division 5.

If this section applies, the researcher is taken for all purposes to take the research action in accordance with a research decision or urgent medical research decision that has effect as if —

the decision were made by the research candidate; and

the research action is taken with the research candidate’s consent; and

the research candidate were of full legal capacity.

For the purposes of subsection (2)(a)(ii) and (c)(ii), a researcher is taken to have relied in good faith on what was purportedly a research decision or urgent medical research decision if, after considering whether or not to rely on it, the researcher acted honestly in relying on it.

For the purposes of determining under subsection (2)(b)(ii) and (d)(ii) whether the researcher’s assumption was reasonable, the following matters must be taken into account —

whether the researcher sighted any written evidence that another researcher had ascertained that the research action was in accordance with a research decision or urgent medical research decision;

anything else relevant to the determination.