48KConducting health and medical research without prior consent of person responsible

### 48K Conducting health and medical research without prior consent of person responsible > > (1)  A health and medical research practitioner is authorised, for the purposes of [section 48G](#GS48G@EN) , to conduct health and medical research in relation to a person to whom this Part applies without the prior consent of the person responsible for that person if – > > > > > > (a) the relevant human research ethics committee has approved the participation of persons in the health and medical research without the prior consent of those persons or the person responsible for those persons; and > > > > > > > (b) the health and medical research conducted involves – > > > > > > > > > > (i) only observing the person or carrying out a non-invasive examination, treatment or procedure on the person; or > > > > > > > > > > > (ii) interventions or procedures other than those referred to in [subparagraph (i)](#GS48K@Gs1@Hpb@Hqii@EN) and the health and medical researcher believes on reasonable grounds that – > > > > > > > > > > > > > > (A) the research supports a reasonable possibility of benefit over standard care for the person; and > > > > > > > > > > > > > > > (B) any risk or burden of the intervention to the person is justified by its potential benefits to the person; and > > > > > > > > > > > > > > > (C) the conduct of the research is not contrary to the personal and social well-being of the person; and > > > > > > > > > > > > > > > (D) the person does not object (whether by speech, gesture or other means) to the procedure or intervention. > > > (2)  A health and medical research practitioner must continue to take reasonable steps to identify and contact the person responsible for a person to whom this Division applies to seek consent to the continuation of the conduct of health and medical research in relation to the person.