Australian Capital Territory Current Acts

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GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 - SECT 33

Guardian may consent to protected person's participation in low-risk research

    (1)     This section applies if—

        (a)     a guardian is appointed for a person (a protected person ); and

        (b)     the guardian is given the power to give, for the protected person, a consent required for a medical procedure or other treatment under section 7 (3) (e); and

        (c)     the guardian is considering whether to consent to the protected person participating in low-risk research.

    (2)     A guardian may consent to the protected person participating in low-risk research only if the research is approved.

Note     A guardian's power to consent to a protected person participating in low-risk research must be exercised in a way that is consistent with any existing health direction made by the protected person (see Medical Treatment (Health Directions) Act 2006

, s 18).

    (3)     If a guardian makes an application, the ACAT must give an opinion or advice to assist the guardian to decide whether to give consent under subsection (2).



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