48GApproval to conduct health and medical research

48G Approval to conduct health and medical research

(1)  Subject to subsection (2) , a health and medical research practitioner may conduct health and medical research in relation to a person to whom this Part applies in the following circumstances:

(a) the person has given an advance care directive that authorises the conduct of the health and medical research in relation to the person;

(b) there is no advance care directive under paragraph (a) and the person responsible for that person has consented to the conduct of the health and medical research in relation to that person;

(c) the health and medical research is authorised under section 48K and there is no –

(i) advance care directive under paragraph (a) ; or

(ii) person responsible for that person who is available or able to give or refuse consent to the conduct of the research.

(2)  A health and medical research practitioner must not conduct health and medical research in relation to a person to whom this Part applies if the person has given an advance care directive that provides a clear and unambiguous refusal to the conduct of health and medical research in relation to that person.