85Offence to administer medical research procedure without consent or authorisation

85 Offence to administer medical research procedure without consent or authorisation

Subject to section 53, a medical research practitioner must not administer a medical research procedure to a person who does not have decision-making capacity to consent to the procedure unless—

(a) the person has consented, by an instructional directive, to the procedure being administered; or

(b) the person's medical treatment decision maker has consented to the procedure; or

(c) the procedure is authorised under Division 3 or otherwise by law.

Penalty: 240 penalty units or imprisonment for 2 years or both.

Part 6—VCAT jurisdiction

Division 1—Applications in first instance

86 Notice requirements

The principal registrar of VCAT must give notice of an application under this Act, of the hearing of an application and of any order, direction or advisory opinion of VCAT in respect of the application to the following persons—

(a) any person who VCAT considers has a special interest in the affairs of the person who gave the advance care directive, made the appointment or to whom medical treatment or a medical research procedure is being administered (as the case requires);

(b) any other person who VCAT determines should be notified.