Medical research - Victorian Law Reform Commission

14.66 The National Statement refers to the likely benefit to the patient, or to a class of
people to which the patient belongs, as a relevant ethical consideration. This matter
should also be a relevant legal consideration when a substitute decision maker is
deciding whether to authorise participation in a medical research procedure by a
person who is unable to make their own decision about the matter.
Recommendation
Criteria for consenting to a medical research procedure
231. A substitute decision maker should only be permitted to authorise participation
in a medical research procedure if they believe that it would not be contrary
to the patient’s personal and social wellbeing to participate in that procedure.
When determining whether the procedure would not be contrary to the patient’s
personal and social wellbeing, the following are relevant considerations:
(a) the decision that the person might have made in the circumstances
(b) the extent to which the procedure is likely to benefit the patient, or a class of
people to which the patient belongs
(c) the matters set out in section 42U(1) of the Guardianship and Administration
Act 1986 (Vic).
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