Western Australian Current Acts Western Australian Current Acts (1) A person is a
research decision-maker for a research candidate if —
(a) the
candidate is unable to make reasonable judgments in respect of their
participation in medical research; and
(b) the
person is first in order of the following persons —
(i)
a person to whom subsection (2) applies;
(ii)
if there is no person to whom subsection (2) applies
— a person to whom subsection (3) applies;
(iii)
if there is no person to whom either subsection (2) or
(3) applies — a person to whom subsection (4) applies.
(2) This subsection
applies to a person who is —
(a) an
enduring guardian for the research candidate; and
(b)
authorised to make a research decision in relation to the candidate; and
(c)
reasonably available; and
(d)
willing to make a research decision in relation to the candidate.
(3) This subsection
applies to a person who is —
(a) a
guardian for the research candidate; and
(b)
authorised to make a research decision in relation to the candidate; and
(c)
reasonably available; and
(d)
willing to make a research decision in relation to the candidate.
(4) This subsection
applies to a person who is a substitute decision-maker for the research
candidate under section 110ZQ.
(5) If there are 2 or
more persons who are the research decision-makers for a research candidate
under this section —
(a) the
persons are jointly the research decision-maker for the candidate; and
(b) if
the persons cannot agree on a research decision for the candidate — the
person next in order of priority under this section is the research
decision-maker for the candidate.
[Section 110ZP inserted: No. 14 of 2020 s. 12.]