Victorian Numbered Acts

MEDICAL TREATMENT PLANNING AND DECISIONS ACT 2016 (NO. 69 OF 2016) - SECT 85

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