48DRequirement if recovery of decision-making ability likely

48D Requirement if recovery of decision-making ability likely

(1)  If a person to whom this Part applies is likely to recover decision-making ability within a reasonable time to make a decision in relation to the conduct of health and medical research relating to that person, a health and medical research practitioner must not conduct health and medical research in relation to that person under this Part.

(2)  For the purposes of subsection (1) , a reasonable time is the time by which, given the nature of the relevant research project, the health and medical research would need to be conducted, having regard to the following:

(a) the medical or physical condition of the person;

(b) the stage of treatment or care;

(c) other circumstances specific to the person.