Page 657 - Week 02 - Thursday, 18 February 2016
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Directions) Act 2006 in a number of ways, with the major reform being to allow a substitute decision maker to consent to a person with impaired decision-making capacity participating in potentially beneficial medical research.
I am also engaged to support this bill by its specific mention in section 41F that the decision maker must not consent if the patient is likely to regain capacity before the latest time at which the patient may meaningfully participate in the research. This issue has been discussed in relation to mental health in particular, and was canvassed deeply in regard to advance care orders in the Mental Health (Treatment and Care) Act and subsequent amendments, which I am pleased to see referenced in the new section that relates to referral to the Office of the Public Advocate.
Madam Deputy Speaker, there are a range of other protections outlined in this bill, including referral to the ACT Civil and Administrative Tribunal and clauses such as clause 1.19 which requires a health professional to provide information to the Public Advocate when a health attorney’s decision to consent to a person participating in low-risk research results in a person participating in research for six months or more.
I am pleased to see each of these protections complementing each other, building up to a comprehensive system of evidence, due diligence, appeal and proper care of people who are in some cases completely vulnerable to the integrity of others in authority. So I am happy to support this bill today. I will discuss Mr Hanson’s amendment when we come to the detail stage, but I am pleased to support the bill during this in-principle discussion.
MR CORBELL (Molonglo—Deputy Chief Minister, Attorney-General, Minister for Capital Metro, Minister for Health, Minister for Police and Emergency Services and Minister for the Environment and Climate Change) (4.51), in reply: I thank members for their support of this bill. The changes proposed in this bill are aimed at improving the health and wellbeing of people with impaired decision-making capacity. It amends the Powers of Attorney Act, the Guardianship and Management of Property Act and the Medical Treatment (Health Directions) Act to improve access to medical research for people who have impaired decision-making capacity.
It does this by allowing a person after the commencement of the act to authorise their enduring attorney to make decisions about medical research matters. It does it by allowing for enduring powers of attorney made before these amendments commence or enduring attorneys authorised to make decisions about health matters to also make decisions about medical research matters.
It establishes consistency between guardians and enduring attorneys when making medical research decisions, clarifies that health attorneys being close relatives or friends of a patient appointed by the patient’s doctor are prohibited from making decisions about medical research unless the research is low risk, and introduces safeguards to be followed by all substitute decision makers when making medical research decisions.
The safeguards introduced by the bill provide protections for people with impaired decision-making capacity, including those who do not wish to be involved in medical
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