Western Australian Current Acts Western Australian Current Acts (1) In this section
—
take research action means —
(a) to
commence or continue any medical research in relation to a research candidate;
or
(b) to
not commence or to discontinue any medical research in relation to a research
candidate.
(2) This section
applies if a researcher —
(a)
takes research action —
(i)
reasonably believing that a research candidate is unable
to make reasonable judgments in respect of the research action; and
(ii)
relying in good faith on what is purportedly a research
decision made by the research decision-maker for the research candidate under
section 110ZR;
or
(b)
takes research action —
(i)
in circumstances where it is reasonable for the
researcher to rely on another researcher having ascertained whether the
research action is in accordance with a research decision by the research
decision-maker for the research candidate under section 110ZR; and
(ii)
reasonably assuming that another researcher has
ascertained that the research action is in accordance with a research decision
by the research decision-maker for the research candidate under section 110ZR;
or
(c)
takes research action —
(i)
reasonably believing that the research candidate is
unable to make reasonable judgments in respect of the research action; and
(ii)
relying in good faith on what is purportedly an urgent
medical research decision made by a researcher;
or
(d)
takes research action —
(i)
in circumstances where it is reasonable for the
researcher to rely on another researcher having ascertained whether the
research action is in accordance with an urgent medical research decision; and
(ii)
reasonably assuming that another researcher has
ascertained that the research action is in accordance with an urgent medical
research decision.
(3) However, this
section does not apply to the extent that a researcher takes research action
inconsistent with —
(a)
section 110ZR(4) or (7)(b) or 110ZS(2) or (5); or
(b)
section 110ZT; or
(c) a
decision made under Division 5.
(4) If this section
applies, the researcher is taken for all purposes to take the research action
in accordance with a research decision or urgent medical research decision
that has effect as if —
(a) the
decision were made by the research candidate; and
(b) the
research action is taken with the research candidate’s consent; and
(c) the
research candidate were of full legal capacity.
(5) For the purposes
of subsection (2)(a)(ii) and (c)(ii), a researcher is taken to have relied in
good faith on what was purportedly a research decision or urgent medical
research decision if, after considering whether or not to rely on it, the
researcher acted honestly in relying on it.
(6) For the purposes
of determining under subsection (2)(b)(ii) and (d)(ii) whether the
researcher’s assumption was reasonable, the following matters must be
taken into account —
(a)
whether the researcher sighted any written evidence that another researcher
had ascertained that the research action was in accordance with a research
decision or urgent medical research decision;
(b)
anything else relevant to the determination.
[Section 110ZX inserted: No. 14 of 2020 s. 12.]