Victorian Numbered Acts Victorian Numbered Acts(1) Before treatment or medical treatment is administered to a person in accordance with this Act, the informed consent of the person must be sought.
(2) The person seeking the informed consent of another person to a treatment or medical treatment must presume that the other person has the capacity to give informed consent.
(3) Despite subsection (2), a person does not have to seek the informed consent of another person to treatment or medical treatment if the person forms the opinion that the other person does not have the capacity to give informed consent at the time that the informed consent would otherwise be sought.